In an $11,476.87 order made against the tenant, Kieran Jie-Wei Cheng, that in part, penalised him for damaging the premises, the Tribunal clearly articulates the limits of its jurisdiction. In short, personal properties belonging to the landlord do not enjoy the same s49B protection against tenant damages as rental chattels otherwise would.

 

RE: Newman v Lalor and other parties [2021] NZTT Christchurch 4278015, 4282792

Facts
  • Mr Cheng along with others rented a property from and signed separate agreements with Mr Newman.
  • At the end of the tenancy, rent was owing, the property was substantially damaged and several chattels were either damaged or missing.
  • The landlord made his claims specifically against Mr Cheng.

Note: This digest is only concerned with claims relating to damages to and missing chattels and personal properties.

The law

The adjudicator outlines the general steps the Tribunal goes through to adjudge liability when it comes to damages to the premises made after 27 August
2019 (s49B):

  1. The landlord establishes that damage to the premises occurred during the tenancy and that it is more wear and tear.
  2. The tenant to prove that he did not carelessly or intentionally cause or permit the damage to avoid liability.
  3. If the tenant was careless and the damage is covered by the landlord’s insurance then the tenant is to pay the lesser of the insurance excess or four
    weeks’ rent.
  4. If the tenant was careless but the damage is not covered by the landlord’s insurance then the tenant is to pay the landlord four weeks’ rent.
  5. If the tenant intentionally caused the damage then he is liable for the cost of repair/replacement.

The rules...