What was the outcome of Tenancy Tribunal case 4856142?

The tribunal order states: Jonina Stormy Ray Ngairo to pay Linkpeople Limited $276.00 from the bond,

How much money was awarded in case 4856142?

Property Damage: $276.00 awarded to landlord

What type of tenancy dispute was case 4856142?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4856142?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10279316-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4856142?

The tribunal order states: Jonina Stormy Ray Ngairo to pay Linkpeople Limited $276.00 from the bond,

How much money was awarded in case 4856142?

Property Damage: $276.00 awarded to landlord

What type of tenancy dispute was case 4856142?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4856142?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10279316-Tenancy_Tribunal_Order.pdf.

1 Tania Place, Mount Maunganui, Mount Maunganui 3116 Tenancy Tribunal Case 4856142 — Property damage

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1 Tania Place, Mount Maunganui, Mount Maunganui 3116 Tenancy Tribunal Case 4856142 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4856142 — net $276.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$276.00	Repairs
Net award	$276.00
Bond	$276.00
Total payable by Tenant to Landlord	$276.00

Claims and awards for application 4856142 — net $276.00 NZD. Verify on MoJ.

Repairs

Amount: $276.00
Awarded to: Landlord
Reason: Repairs

Net award

Landlord $276.00

Bond

Landlord $276.00

Total payable by Tenant to Landlord

Landlord $276.00

Claim types — money lines allowed on this order

Property damage

Order

Jonina Stormy Ray Ngairo to pay Linkpeople Limited $276.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $276.00 (3253603-007) to Linkpeople Limited immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. The tenant could not be contacted at the time of hearing.
This tenancy ended 17 May 2023. I was satisfied, given the circumstances and efforts made by the landlord to contact the tenant, to dispense with the requirement for service and proceed as if the notice or any other document had been served on the party in accordance with s91B(2)(c) Residential Tenancies Act 1986 Act.
The landlord has applied for compensation and refund of the bond. There was significant damage to the premises however the landlord is only seeking to recover $276.00.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
There was considerable damage throughout the premises that required repair and remediation. I do not find it necessary to make findings on each item of the damage to the property except to say that a contribution of $276.00 towards the costs of repairs is very small compared to the total costs and should be awarded.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4856142 — net $276.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$276.00	Repairs
Net award	$276.00
Bond	$276.00
Total payable by Tenant to Landlord	$276.00

Claims and awards for application 4856142 — net $276.00 NZD. Verify on MoJ.

Repairs

Amount: $276.00
Awarded to: Landlord
Reason: Repairs

Net award

Landlord $276.00

Bond

Landlord $276.00

Total payable by Tenant to Landlord

Landlord $276.00

Claim types — money lines allowed on this order

Property damage

Order

Jonina Stormy Ray Ngairo to pay Linkpeople Limited $276.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $276.00 (3253603-007) to Linkpeople Limited immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. The tenant could not be contacted at the time of hearing.
This tenancy ended 17 May 2023. I was satisfied, given the circumstances and efforts made by the landlord to contact the tenant, to dispense with the requirement for service and proceed as if the notice or any other document had been served on the party in accordance with s91B(2)(c) Residential Tenancies Act 1986 Act.
The landlord has applied for compensation and refund of the bond. There was significant damage to the premises however the landlord is only seeking to recover $276.00.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
There was considerable damage throughout the premises that required repair and remediation. I do not find it necessary to make findings on each item of the damage to the property except to say that a contribution of $276.00 towards the costs of repairs is very small compared to the total costs and should be awarded.

Tenancy Tribunal case 4856142 — Property damage at 1 Tania Place, Mount Maunganui, Mount Maunganui 3116

At a glance

Tenancy Tribunal case 4856142 — Property damage at 1 Tania Place, Mount Maunganui, Mount Maunganui 3116

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions