How much money was awarded in case 4340303?

Compensation: fixed power charge 343…: $207.27 awarded to tenant; Electricity: $853.55 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4328641 D…: $710.44 awarded to landlord; Rent Arrears: $420.00 awarded to landlord; Hole In Toilet Wall: $230.00 awarded to landlord; Walls Lounge And Dining: $1,200.00 awarded to landlord; Replace furnishings: carpet lounge a…: $1,200.00 awarded to landlord; Rubbish Removal: $131.00 awarded to landlord

What type of tenancy dispute was case 4340303?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4340303?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8022848-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4340303?

Compensation: fixed power charge 343…: $207.27 awarded to tenant; Electricity: $853.55 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4328641 D…: $710.44 awarded to landlord; Rent Arrears: $420.00 awarded to landlord; Hole In Toilet Wall: $230.00 awarded to landlord; Walls Lounge And Dining: $1,200.00 awarded to landlord; Replace furnishings: carpet lounge a…: $1,200.00 awarded to landlord; Rubbish Removal: $131.00 awarded to landlord

What type of tenancy dispute was case 4340303?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4340303?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8022848-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4340303 — Property damage

Q: What was Tenancy Tribunal case 4340303 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4340303 — net $4,558.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$420.00		Rent arrears
Previous order application 4328641 dated	$710.44		Previous order application 4328641 dated
Electricity	$853.55		Electricity
Rubbish removal	$131.00		Rubbish removal
Repairs: hole in toilet wall	$230.00		Repairs: hole in toilet wall
Replace furnishings: carpet lounge and dining	$1,200.00		Replace furnishings: carpet lounge and dining
Repairs: walls lounge and dining	$1,200.00		Repairs: walls lounge and dining
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation: fixed power charge 343 days		$207.27	fixed power charge 343 days
Total award	$4,765.43	$207.27
Net award	$4,558.16
Total payable by Tenant to Landlord	$4,558.16

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Cale Sergeant and Sarah Morris must pay [The landlord/s] $4,558.16 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 11 March 2022 under application 4328641. The previous order must not be enforced.

Reasons

The landlord trustee and the landlord’s agent attended the hearing held in person today.

Neither of the tenants attended however I am satisfied that it was appropriate to continue the hearing in their absence because the file shows that they have been advised of the date and time of the hearing by way of their email addresses for service and several reminder texts. I telephoned both of the phone numbers provided for the tenants and am satisfied that the numbers are still in service.

The landlord has applied for rent owing and compensation for other costs incurred after the end of the tenancy. Rent and electricity bills owing

On 11 March 2022, the Tribunal made an order terminating this tenancy and for payment of rent arrears to that date. The bond of $1,200.00 was refunded to the landlord and an order made for the tenants to pay the remainder owing of $710.44.

The landlord allowed the tenants to remain in the premises until 17 March 2022. I award additional rent from 12 to 17 March 2022 which is $420.00. The previous order is incorporated into this order for enforcement purposes.

The landlord proved that the tenants owe money for electricity bills. There are three tenanted units at the address, all with separate meters. The bill is in the name of the landlord which means that it is responsible for paying the fixed line charges. I award the amount outstanding ($853.55) less the amount for the fixed charges over the whole tenancy (which is $207.27). Compensation for costs and damage after the tenancy ended

The tenant left some rubbish behind (mainly building materials and unwanted household items). The landlord incurred cost to remove this and I award the $131.00 claimed.

The landlord proved that a large hole in the wall of the toilet occurred during the tenancy and a smaller hole in the hallway wall. This is careless damage and I award the cost to repair which was $230.00.

The landlord also claims compensation for loss incurred to remedy damage to:- a. Walls in the lounge and dining areas, and b. The carpet in the lounge and dining area, and c. The carpet in the master bedroom.

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 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.

Tenants are liable for the cost of repairing damage that is intentional. 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 photographs, insurance report, and oral evidence from the landlord satisfies me that the damage to the walls and carpet occurred during the tenancy and is more than wear and tear. The tenants did not provide evidence. My decisions are:- a. That the damage to the walls (scratch marks and missing wallpaper and plaster) and carpet (urine smell and stains) in the lounge and dining areas were most probably caused by a dog kept at the address. The dog was not permitted to be at the premises. There were scratches on the walls in about 5 different places and the carpet underlay and underlying floor revealed twenty or more circular marks left after wet areas have dried. The landlord said there was a very strong urine smell. In my assessment, the multiple areas of damage show that the dog must have been allowed to repeatedly scratch the walls and urinate in the living room areas. I find this to be intentional damage because the tenants must have known that if they left the dog inside it would continue to do this, b. There were at least two large areas of pink/red staining on the carpet in the master bedroom and what appear to be small burn marks. The stains are careless damage. There was insufficient evidence to conclude how the burns were caused.

The insurer accepted claims to replace the carpet and repair the walls in the lounge and dining room and charged two excesses of $1,200.00 for each event of damage. The receipts and invoices prove that the landlord has paid these amounts so has incurred cost of $2,400.00 relating to the damage probably caused by the dog. The landlord replaced the carpet in the master bedroom and a quote from the supplier values this at $2,825.26 (including disposal of old and installation of new).

When the Tribunal calculates compensation for damage, the aim is to return the landlord to the position they would have been in had the tenant not breached their obligations, and not be better or worse off. I make the following awards:- a. I award the claim for the insurance excess for the wall repair ($1,200.00). This work was required only because of the damage by the dog. I consider it fair for the work required; b. I also award $1,200.00 for the urine damage to the carpet and underlay in the lounge and living areas. The carpet in this house was 8 years old at the start of the tenancy. The IRD depreciation schedule estimates the “useful life” of carpet in tenanted premises to be 8 years. However, it was still in use and I am satisfied that, if it had not been for the urine damage, it could have remained in place. On the information available, I consider that it is fair that the tenants compensate the landlord for the insurance excess paid for the carpet disposal and replacement in the living areas; c. I do not award compensation for the stain and small burn damage to the carpet in the master bedroom on this occasion only because the age of the carpet means that this type of damage arguably did not devalue the carpet further.

The landlord has substantially succeeded with the claim and so is entitled to reimbursement of the filing fee and suppression of name.

Order

Claims and awards in Tenancy Tribunal application 4340303 — net $4,558.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$420.00		Rent arrears
Previous order application 4328641 dated	$710.44		Previous order application 4328641 dated
Electricity	$853.55		Electricity
Rubbish removal	$131.00		Rubbish removal
Repairs: hole in toilet wall	$230.00		Repairs: hole in toilet wall
Replace furnishings: carpet lounge and dining	$1,200.00		Replace furnishings: carpet lounge and dining
Repairs: walls lounge and dining	$1,200.00		Repairs: walls lounge and dining
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation: fixed power charge 343 days		$207.27	fixed power charge 343 days
Total award	$4,765.43	$207.27
Net award	$4,558.16
Total payable by Tenant to Landlord	$4,558.16

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Cale Sergeant and Sarah Morris must pay [The landlord/s] $4,558.16 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 11 March 2022 under application 4328641. The previous order must not be enforced.

Reasons

The landlord trustee and the landlord’s agent attended the hearing held in person today.

The landlord has applied for rent owing and compensation for other costs incurred after the end of the tenancy. Rent and electricity bills owing

The tenant left some rubbish behind (mainly building materials and unwanted household items). The landlord incurred cost to remove this and I award the $131.00 claimed.

The landlord has substantially succeeded with the claim and so is entitled to reimbursement of the filing fee and suppression of name.

Tenancy Tribunal case 4340303 — Property damage

At a glance

Tenancy Tribunal case 4340303 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions