What was the outcome of Tenancy Tribunal case 5392045?

The tribunal order states: Jessie Wharepapa to pay Layton Holdings Limited As Agents For Warwick

How much money was awarded in case 5392045?

Filing Fee: $28.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Property Damage: $154.00 awarded to landlord

What type of tenancy dispute was case 5392045?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5392045?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13616420-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5392045?

The tribunal order states: Jessie Wharepapa to pay Layton Holdings Limited As Agents For Warwick

How much money was awarded in case 5392045?

Filing Fee: $28.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Property Damage: $154.00 awarded to landlord

What type of tenancy dispute was case 5392045?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5392045?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13616420-Tribunal_Order.pdf.

341 Greers Road, Bishopdale, Christchurch 8053 Tenancy Tribunal Case 5392045 — Property damage

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341 Greers Road, Bishopdale, Christchurch 8053 Tenancy Tribunal Case 5392045 — 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 5392045 — net $1,682.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs: entry door pane cracked	$154.00	Window repairs: entry door pane cracked
Insurance excess x 2 for damage to carpets	$1,500.00	Insurance excess x 2 for damage to carpets
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,682.00
Bond	$2,000.00
Total payable by Tenant to Landlord	$1,682.00

Claims and awards for application 5392045 — net $1,682.00 NZD. Verify on MoJ.

Window repairs: entry door pane cracked

Amount: $154.00
Awarded to: Landlord
Reason: Window repairs: entry door pane cracked

Insurance excess x 2 for damage to carpets

Amount: $1,500.00
Awarded to: Landlord
Reason: Insurance excess x 2 for damage to carpets

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,682.00

Bond

Landlord $2,000.00

Total payable by Tenant to Landlord

Landlord $1,682.00

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Jessie Wharepapa to pay Layton Holdings Limited As Agents For Warwick Estate Limited $1,682.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,000.00 (BN3285279) immediately apportioned as follows: Layton Holdings Limited As Agents For Warwick Estate Limited: $1,682.00 Jessie Wharepapa: $318.00

Reasons

The landlord attended the hearing. The tenant did not attend or answer the call I made to her phone.
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?

There is a claim for repairing a cracked pane of glass and for replacing the carpet in two rooms. The 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 she 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. See section 49B(3)(a) RTA.
The landlord provided photos showing the glass was not cracked at the start of the tenancy and was cracked at the end of the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.
The landlord had photos showing the carpet at the start of the tenancy and two photos taken at the end of the tenancy showing burn marks in two of the rooms. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The claim is for the insurance excesses only, which was $750 per room at the end of the tenancy. This claim is proved and allowed.
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

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 5392045 — net $1,682.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs: entry door pane cracked	$154.00	Window repairs: entry door pane cracked
Insurance excess x 2 for damage to carpets	$1,500.00	Insurance excess x 2 for damage to carpets
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,682.00
Bond	$2,000.00
Total payable by Tenant to Landlord	$1,682.00

Claims and awards for application 5392045 — net $1,682.00 NZD. Verify on MoJ.

Window repairs: entry door pane cracked

Amount: $154.00
Awarded to: Landlord
Reason: Window repairs: entry door pane cracked

Insurance excess x 2 for damage to carpets

Amount: $1,500.00
Awarded to: Landlord
Reason: Insurance excess x 2 for damage to carpets

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,682.00

Bond

Landlord $2,000.00

Total payable by Tenant to Landlord

Landlord $1,682.00

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Jessie Wharepapa to pay Layton Holdings Limited As Agents For Warwick Estate Limited $1,682.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,000.00 (BN3285279) immediately apportioned as follows: Layton Holdings Limited As Agents For Warwick Estate Limited: $1,682.00 Jessie Wharepapa: $318.00

Reasons

The landlord attended the hearing. The tenant did not attend or answer the call I made to her phone.
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?

There is a claim for repairing a cracked pane of glass and for replacing the carpet in two rooms. The 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 she 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. See section 49B(3)(a) RTA.
The landlord provided photos showing the glass was not cracked at the start of the tenancy and was cracked at the end of the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.
The landlord had photos showing the carpet at the start of the tenancy and two photos taken at the end of the tenancy showing burn marks in two of the rooms. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The claim is for the insurance excesses only, which was $750 per room at the end of the tenancy. This claim is proved and allowed.
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5392045 — Property damage at 341 Greers Road, Bishopdale, Christchurch 8053

At a glance

Tenancy Tribunal case 5392045 — Property damage at 341 Greers Road, Bishopdale, Christchurch 8053

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