What was the outcome of Tenancy Tribunal case 5272799?

The tribunal order states: Jonathon Rowles and Heather Fox to pay Accommodation Rental Solutions

How much money was awarded in case 5272799?

Filing Fee: $27.00 awarded to landlord; Property Damage: $354.51 awarded to landlord

What type of tenancy dispute was case 5272799?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5272799?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11995879-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5272799?

The tribunal order states: Jonathon Rowles and Heather Fox to pay Accommodation Rental Solutions

How much money was awarded in case 5272799?

Filing Fee: $27.00 awarded to landlord; Property Damage: $354.51 awarded to landlord

What type of tenancy dispute was case 5272799?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5272799?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11995879-Tenancy_Tribunal_Order.pdf.

95 Watkins Road, Cambridge, Cambridge 3434 Tenancy Tribunal Case 5272799 — Property damage

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95 Watkins Road, Cambridge, Cambridge 3434 Tenancy Tribunal Case 5272799 — 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 5272799 — net $381.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace damaged vanity unit doors	$354.51	Replace damaged vanity unit doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$381.51
Bond	$2,680.00
Total payable by Tenant to Landlord	$381.51

Claims and awards for application 5272799 — net $381.51 NZD. Verify on MoJ.

Replace damaged vanity unit doors

Amount: $354.51
Awarded to: Landlord
Reason: Replace damaged vanity unit doors

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $381.51

Bond

Landlord $2,680.00

Total payable by Tenant to Landlord

Landlord $381.51

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Jonathon Rowles and Heather Fox to pay Accommodation Rental Solutions Limited - as agent for Jichun Qiu $381.51 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,680.00 (6209323-003) immediately apportioned as follows: Accommodation Rental Solutions Limited - as agent for Jichun Qiu: $381.51 Jonathon Rowles and Heather Fox: $2,298.49

Reasons

Both parties attended the hearing which I conducted by video.
The landlord has applied for rent arrears, compensation, part refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenant seeks payment of the bond.
The tenancy started on 31 October 2020 and ended on 27 December 2024.
The landlord withdrew the claim for rent arrears.

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 of the Residential Tenancies Act 1986 (RTA).
During the tenancy, at an inspection on 21 November 2023, the landlord noticed water damage and swelling on the vanity unit doors. They have had to be replaced.
The tenant said he thought the damage occurred from condensation in the bathroom from a faulty extractor fan that resulted in moisture build up. He said he did not cause any intentional damage.
The landlord produced evidence from a handyman/ repair contractor. The report writer states that the damage was more likely caused by water splashing from the bath or by an overflow.
The landlord’s representative said there was no other damage in the bathroom and the same extractor fan remained in place.
The damage is certainly not intentional damage. I accept that. However, tenants are liable for careless damage. On the balance of probabilities, I find that the damage to the vanity doors was careless damage caused in the manner described by the landlord’s report writer. The tenant did not provide any evidence to refute that, other than his own opinion about what occurred.
The landlord’s claim is proved. The bond will therefore be split between the parties - $381.51 (which includes the filing fee) to the landlord and $2,298.49 to 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 5272799 — net $381.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace damaged vanity unit doors	$354.51	Replace damaged vanity unit doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$381.51
Bond	$2,680.00
Total payable by Tenant to Landlord	$381.51

Claims and awards for application 5272799 — net $381.51 NZD. Verify on MoJ.

Replace damaged vanity unit doors

Amount: $354.51
Awarded to: Landlord
Reason: Replace damaged vanity unit doors

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $381.51

Bond

Landlord $2,680.00

Total payable by Tenant to Landlord

Landlord $381.51

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Jonathon Rowles and Heather Fox to pay Accommodation Rental Solutions Limited - as agent for Jichun Qiu $381.51 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,680.00 (6209323-003) immediately apportioned as follows: Accommodation Rental Solutions Limited - as agent for Jichun Qiu: $381.51 Jonathon Rowles and Heather Fox: $2,298.49

Reasons

Both parties attended the hearing which I conducted by video.
The landlord has applied for rent arrears, compensation, part refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenant seeks payment of the bond.
The tenancy started on 31 October 2020 and ended on 27 December 2024.
The landlord withdrew the claim for rent arrears.

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 of the Residential Tenancies Act 1986 (RTA).
During the tenancy, at an inspection on 21 November 2023, the landlord noticed water damage and swelling on the vanity unit doors. They have had to be replaced.
The tenant said he thought the damage occurred from condensation in the bathroom from a faulty extractor fan that resulted in moisture build up. He said he did not cause any intentional damage.
The landlord produced evidence from a handyman/ repair contractor. The report writer states that the damage was more likely caused by water splashing from the bath or by an overflow.
The landlord’s representative said there was no other damage in the bathroom and the same extractor fan remained in place.
The damage is certainly not intentional damage. I accept that. However, tenants are liable for careless damage. On the balance of probabilities, I find that the damage to the vanity doors was careless damage caused in the manner described by the landlord’s report writer. The tenant did not provide any evidence to refute that, other than his own opinion about what occurred.
The landlord’s claim is proved. The bond will therefore be split between the parties - $381.51 (which includes the filing fee) to the landlord and $2,298.49 to the tenant.

Tenancy Tribunal case 5272799 — Property damage at 95 Watkins Road, Cambridge, Cambridge 3434

At a glance

Tenancy Tribunal case 5272799 — Property damage at 95 Watkins Road, Cambridge, Cambridge 3434

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