What was the outcome of Tenancy Tribunal case 5007298?

The tribunal order states: Cherish TeAomihia Wihongi must pay Asian Community Engagement Trust

How much money was awarded in case 5007298?

Stairs, handrail, internal door hand…: $575.00 awarded to landlord; Touch Up And Fix Paint Work: $2,400.00 awarded to landlord

What type of tenancy dispute was case 5007298?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5007298?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11307614-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5007298?

The tribunal order states: Cherish TeAomihia Wihongi must pay Asian Community Engagement Trust

How much money was awarded in case 5007298?

Stairs, handrail, internal door hand…: $575.00 awarded to landlord; Touch Up And Fix Paint Work: $2,400.00 awarded to landlord

What type of tenancy dispute was case 5007298?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5007298?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11307614-Tribunal_Order.pdf.

Unit/Flat 3, 11 Scanlen Terrace, Kelston, Auckland 0602 Tenancy Tribunal Case 5007298 — Property damage

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Unit/Flat 3, 11 Scanlen Terrace, Kelston, Auckland 0602 Tenancy Tribunal Case 5007298 — 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 5007298 — net $175.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Touch up and fix paint work	$2,400.00	Repairs: Touch up and fix paint work
Repairs: Stairs, handrail, internal door handles	$575.00	Repairs: Stairs, handrail, internal door handles
Net award	$175.00
Total payable by Tenant to Landlord	$175.00

Claims and awards for application 5007298 — net $175.00 NZD. Verify on MoJ.

Repairs: Touch up and fix paint work

Amount: $2,400.00
Awarded to: Landlord
Reason: Repairs: Touch up and fix paint work

Repairs: Stairs, handrail, internal door handles

Amount: $575.00
Awarded to: Landlord
Reason: Repairs: Stairs, handrail, internal door handles

Net award

Landlord $175.00

Total payable by Tenant to Landlord

Landlord $175.00

Claim types — money lines allowed on this order

Property damage

Order

Cherish TeAomihia Wihongi must pay Asian Community Engagement Trust $175.00 immediately, calculated as shown in table below.

Reasons

The parties have agreed the settlement terms recorded in this Order and have requested they be recorded by consent.
The terms recorded in this consent order are in full and final settlement of all claims made by the landlord in its application 5007298 filed on 17 September 2024 and no further action may be in taken in any Court or Tribunal against the tenant in relation to these claims, except for enforcement purposes.

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 tenant has agreed that she has caused the following damage during hr tenancy and that this damage is more than fair wear and tear: a. Damage to the paint on the walls throughout the house; and b. Damage to the stairs, handrail, and internal door handles.
The amounts ordered are proved by the landlord and have been agreed to by the tenant.

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 5007298 — net $175.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Touch up and fix paint work	$2,400.00	Repairs: Touch up and fix paint work
Repairs: Stairs, handrail, internal door handles	$575.00	Repairs: Stairs, handrail, internal door handles
Net award	$175.00
Total payable by Tenant to Landlord	$175.00

Claims and awards for application 5007298 — net $175.00 NZD. Verify on MoJ.

Repairs: Touch up and fix paint work

Amount: $2,400.00
Awarded to: Landlord
Reason: Repairs: Touch up and fix paint work

Repairs: Stairs, handrail, internal door handles

Amount: $575.00
Awarded to: Landlord
Reason: Repairs: Stairs, handrail, internal door handles

Net award

Landlord $175.00

Total payable by Tenant to Landlord

Landlord $175.00

Claim types — money lines allowed on this order

Property damage

Order

Cherish TeAomihia Wihongi must pay Asian Community Engagement Trust $175.00 immediately, calculated as shown in table below.

Reasons

The parties have agreed the settlement terms recorded in this Order and have requested they be recorded by consent.
The terms recorded in this consent order are in full and final settlement of all claims made by the landlord in its application 5007298 filed on 17 September 2024 and no further action may be in taken in any Court or Tribunal against the tenant in relation to these claims, except for enforcement purposes.

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 tenant has agreed that she has caused the following damage during hr tenancy and that this damage is more than fair wear and tear: a. Damage to the paint on the walls throughout the house; and b. Damage to the stairs, handrail, and internal door handles.
The amounts ordered are proved by the landlord and have been agreed to by the tenant.

Tenancy Tribunal case 5007298 — Property damage at Unit/Flat 3, 11 Scanlen Terrace, Kelston, Auckland 0602

At a glance

Tenancy Tribunal case 5007298 — Property damage at Unit/Flat 3, 11 Scanlen Terrace, Kelston, Auckland 0602

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