How much money was awarded in case 5084789?

Cleaning: $160.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $3,000.00 awarded to landlord

What type of tenancy dispute was case 5084789?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5084789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11565899-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5084789?

Cleaning: $160.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $3,000.00 awarded to landlord

What type of tenancy dispute was case 5084789?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5084789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11565899-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 21 Albert Street, Hamilton East, Hamilton 3216 Tenancy Tribunal Case 5084789 — Property damage

Q: What was the outcome of Tenancy Tribunal case 5084789?

The tribunal order states: Angela Woods must pay Tapper Property Management Group Limited acting as

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Order

Claims and awards in Tenancy Tribunal application 5084789 — net $1,507.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs (insurance excess contribution	$3,000.00	unt the tenant is required to pay to reflect this. The tenant is ordered to pay $3,000.00 towards the repair costs insurance excess, excluding post remedial wo…
Cleaning	$160.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,507.00
Total payable by Tenant to Landlord	$1,507.00

Angela Woods must pay Tapper Property Management Group Limited acting as agent for GA & LM Tapper Family Trust $1,507.00 immediately, as calculated in the table below:

The Bond Centre is to pay the bond of $1,680.00 (3161518-038) to Tapper Property Management Group Limited acting as agent for GA & LM Tapper Family Trust immediately.

Reasons

Both parties attended the hearing.

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

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 Residential Tenancies Act 1986 (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 landlord claims for damage that has occurred in the lounge/kitchen, bedroom one and bedroom two. This includes damage to the carpet, staining from items such as nail polish and makeup. It also includes damage to the walls, doors, an extraction fan, and internal linings. The landlord has provided photographs prior to the tenancy commencing and post tenancy to prove that the damage occurred during the tenancy. The landlord claims that this damage was intentional, as the extent of the damage shows that it wasn’t a minor spill or issue, and that it could have been prevented.

The landlord has been able to obtain insurance for the damage. The insurance company has considered each bedroom a different event, and so has charged three excess amounts of $1,650.00 for each bedroom, totalling $4,950.00. The actual cost of the remedial work was much higher.

The landlord was also required to clean the property at a cost of $160.00 following the remedial work.

The tenant accepts that a couple of the claimed items were likely intentional, such as the fan damage (although she was not at home when this occurred). However, the tenant says that all other damage was either accidental or fair wear and tear or was caused by others (including the police).

It is clear from the photographs that the tenant has caused damage to parts of the property, however, I accept that some of the damage may have been accidental and fair wear and tear.

Accordingly, I have reduced the amount the tenant is required to pay to reflect this. The tenant is ordered to pay $3,000.00 towards the repair costs insurance excess, excluding post remedial work cleaning which is ordered separately.

The following damage was caused during the tenancy: Damage to the lounge/kitchen, bedroom one and bedroom two. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

As the landlord has been mostly successful, I must also reimburse the filing fee. R Harvey-Lane 11 April 2025

Order

Claims and awards in Tenancy Tribunal application 5084789 — net $1,507.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs (insurance excess contribution	$3,000.00	unt the tenant is required to pay to reflect this. The tenant is ordered to pay $3,000.00 towards the repair costs insurance excess, excluding post remedial wo…
Cleaning	$160.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,507.00
Total payable by Tenant to Landlord	$1,507.00

Angela Woods must pay Tapper Property Management Group Limited acting as agent for GA & LM Tapper Family Trust $1,507.00 immediately, as calculated in the table below:

The Bond Centre is to pay the bond of $1,680.00 (3161518-038) to Tapper Property Management Group Limited acting as agent for GA & LM Tapper Family Trust immediately.

Reasons

Both parties attended the hearing.

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

Is the tenant responsible for the damage to the premises?

The landlord was also required to clean the property at a cost of $160.00 following the remedial work.

It is clear from the photographs that the tenant has caused damage to parts of the property, however, I accept that some of the damage may have been accidental and fair wear and tear.

The amounts ordered are proved.

As the landlord has been mostly successful, I must also reimburse the filing fee. R Harvey-Lane 11 April 2025

Tenancy Tribunal case 5084789 — Property damage at Unit/Flat 3, 21 Albert Street, Hamilton East, Hamilton 3216

At a glance

Tenancy Tribunal case 5084789 — Property damage at Unit/Flat 3, 21 Albert Street, Hamilton East, Hamilton 3216

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