What was the outcome of Tenancy Tribunal case 5444808?

The tribunal order states: Morgan Jayne Kelly must pay Pride Property Management Limited As Agent

How much money was awarded in case 5444808?

Clearing Blocked Drains: $1,806.95 awarded to landlord; Filing Fee: $28.00 awarded to landlord

What type of tenancy dispute was case 5444808?

The dispute type was not classified.

Where can I read the official tribunal order for case 5444808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13454341-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5444808?

The tribunal order states: Morgan Jayne Kelly must pay Pride Property Management Limited As Agent

How much money was awarded in case 5444808?

Clearing Blocked Drains: $1,806.95 awarded to landlord; Filing Fee: $28.00 awarded to landlord

What type of tenancy dispute was case 5444808?

The dispute type was not classified.

Where can I read the official tribunal order for case 5444808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13454341-Tenancy_Tribunal_Order.pdf.

128 Waiau Crescent, Kingswell, Invercargill 9812 Tenancy Tribunal Case 5444808 — Tenancy dispute

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128 Waiau Crescent, Kingswell, Invercargill 9812 Tenancy Tribunal Case 5444808 — Tenancy dispute | 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 5444808 — net $1,834.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Clearing blocked drains	$1,806.95	Clearing blocked drains
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,834.95
Total payable by Tenant to Landlord	$1,834.95

Claims and awards for application 5444808 — net $1,834.95 NZD. Verify on MoJ.

Clearing blocked drains

Amount: $1,806.95
Awarded to: Landlord
Reason: Clearing blocked drains

Filing fee reimbursement

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

Net award

Landlord $1,834.95

Total payable by Tenant to Landlord

Landlord $1,834.95

Claim types — money lines allowed on this order

Filing Fee

Order

Morgan Jayne Kelly must pay Pride Property Management Limited As Agent For Lucy Liang & Chris Hilton $1,834.95 immediately, calculated as shown in table below.

Reasons

The tenant failed to attend today’s hearing.
The landlord has applied for payment that they incurred due to the tenant’s child repeatedly blocking the drains.

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 damage caused during the tenancy was the drains were blocked on two occasions. On both occasions the evidence is that the items that blocked the drain were put there deliberately. On the second occasion significant digging up of the surrounding concrete was required. The tenant was aware that the damage had occurred the first time and failed to take steps to prevent it reoccurring. I therefore find that the damage is careless damage . The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Pride Property Management Limited As Agent For Lucy Liang & Chris Hilton 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 5444808 — net $1,834.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Clearing blocked drains	$1,806.95	Clearing blocked drains
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,834.95
Total payable by Tenant to Landlord	$1,834.95

Claims and awards for application 5444808 — net $1,834.95 NZD. Verify on MoJ.

Clearing blocked drains

Amount: $1,806.95
Awarded to: Landlord
Reason: Clearing blocked drains

Filing fee reimbursement

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

Net award

Landlord $1,834.95

Total payable by Tenant to Landlord

Landlord $1,834.95

Claim types — money lines allowed on this order

Filing Fee

Order

Morgan Jayne Kelly must pay Pride Property Management Limited As Agent For Lucy Liang & Chris Hilton $1,834.95 immediately, calculated as shown in table below.

Reasons

The tenant failed to attend today’s hearing.
The landlord has applied for payment that they incurred due to the tenant’s child repeatedly blocking the drains.

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 damage caused during the tenancy was the drains were blocked on two occasions. On both occasions the evidence is that the items that blocked the drain were put there deliberately. On the second occasion significant digging up of the surrounding concrete was required. The tenant was aware that the damage had occurred the first time and failed to take steps to prevent it reoccurring. I therefore find that the damage is careless damage . The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Pride Property Management Limited As Agent For Lucy Liang & Chris Hilton has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5444808 — Tenancy dispute at 128 Waiau Crescent, Kingswell, Invercargill 9812

At a glance

Tenancy Tribunal case 5444808 — Tenancy dispute at 128 Waiau Crescent, Kingswell, Invercargill 9812

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