Home Let Property Management Ltd v Grindley Alovili [2019] NZDC 4700

Published 22 October 2019

Tenancy Tribunal Appeal — insurance — property damage — intentional damage — Residential Tenancies Act 1986, ss 22 & 85 — Holler v Osaki [2016] NZCA 130 — Property Law Act 2007, ss 268 & 269. The Tenancy Tribunal had previously granted the respondent, the tenant, a net award of $355.10. The appeal was against the Tribunal's decision not to find the respondent liable for all the claimed damage to the property during the tenancy. The Adjudicator had determined that $250 was sufficient to deal with the damage. However, the appellant claimed that the sanding and repainting services required to fix the painted kitchen cupboards (done by a different tenant during the tenancy) meant the respondent should pay a net sum of $1058.95 to the appellant. The Judge reviewed the case and statutory law applying to damage in tenancies. The Judge noted that rent paid by a tenant can be expected to assist the landlord to hold the type of insurance cover appropriate for the tenanted property. However, intentional damage is recoverable. The Judge allowed the appeal in part, raising the award for damage from $250 to $750, meaning the respondent must pay a net sum of $144.90. Judgment Date: 15 March 2019.