What was the outcome of Tenancy Tribunal case 4862640?

The tribunal order states: Alisdean Otene must pay Barfoot & Thompson Limited As Agent For Singh,

How much money was awarded in case 4862640?

Filing Fee: $20.44 awarded to landlord; Property Damage: $5,968.50 awarded to landlord; Property Damage: $2,800.00 awarded to landlord; Property Damage: $799.85 awarded to landlord

What type of tenancy dispute was case 4862640?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4862640?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11022573-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4862640?

The tribunal order states: Alisdean Otene must pay Barfoot & Thompson Limited As Agent For Singh,

How much money was awarded in case 4862640?

Filing Fee: $20.44 awarded to landlord; Property Damage: $5,968.50 awarded to landlord; Property Damage: $2,800.00 awarded to landlord; Property Damage: $799.85 awarded to landlord

What type of tenancy dispute was case 4862640?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4862640?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11022573-Tribunal_Order.pdf.

15B Sealord Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 4862640 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4862640 — net $7,108.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$5,968.50	Repairs
Insurance excess x 4	$2,800.00	Insurance excess x 4
Stove replacement	$799.85	Stove replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,108.79
Total payable by Tenant to Landlord	$7,108.79

Alisdean Otene must pay Barfoot & Thompson Limited As Agent For Singh, Jaspreet $7,108.79 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,480.00 (6450290-009) to Barfoot & Thompson Limited As Agent For Singh, Jaspreet immediately.

All remaining claims are dismissed.

Reasons

Both parties attended the hearing.

The hearing had been adjourned due to issues with service of the proceedings on the tenant. The tenant was served with the proceedings on 9 October 2024.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

At the hearing the claim for rent arrears was withdrawn.

The landlord claimed for key replacement. The tenant said that she returned the keys to the Property Manager who was acting at the time when the tenancy ended. After this date the premises may have been insecure as other people were living there. However, this is not the responsibility of the tenant after she has returned the keys.

The claim for key replacement is dismissed.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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.

The following damage was caused during the tenancy: bedroom door damage, bathroom vanity damage, clothesline damage, showerhead missing, blinds damaged, wall damage, front door damage, decking damage, carpet damage, oven damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

Some of the damage is covered by insurance so I have ordered four lots of insurance excess.

The amounts ordered are proved.

Because Barfoot & Thompson Limited As Agent For Singh, Jaspreet has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4862640 — net $7,108.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$5,968.50	Repairs
Insurance excess x 4	$2,800.00	Insurance excess x 4
Stove replacement	$799.85	Stove replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,108.79
Total payable by Tenant to Landlord	$7,108.79

Order

Alisdean Otene must pay Barfoot & Thompson Limited As Agent For Singh, Jaspreet $7,108.79 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,480.00 (6450290-009) to Barfoot & Thompson Limited As Agent For Singh, Jaspreet immediately.
All remaining claims are dismissed.

Reasons

Both parties attended the hearing.
The hearing had been adjourned due to issues with service of the proceedings on the tenant. The tenant was served with the proceedings on 9 October 2024.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
At the hearing the claim for rent arrears was withdrawn.
The landlord claimed for key replacement. The tenant said that she returned the keys to the Property Manager who was acting at the time when the tenancy ended. After this date the premises may have been insecure as other people were living there. However, this is not the responsibility of the tenant after she has returned the keys.
The claim for key replacement is dismissed.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
The following damage was caused during the tenancy: bedroom door damage, bathroom vanity damage, clothesline damage, showerhead missing, blinds damaged, wall damage, front door damage, decking damage, carpet damage, oven damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Some of the damage is covered by insurance so I have ordered four lots of insurance excess.
The amounts ordered are proved.
Because Barfoot & Thompson Limited As Agent For Singh, Jaspreet has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4862640 — Property damage at 15B Sealord Place, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4862640 — Property damage at 15B Sealord Place, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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