How much money was awarded in case 4519790?

Cleaning: $170.00 awarded to landlord; Carpet Removal And Dumping: $134.84 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Heat Pump Remote: $136.02 awarded to landlord; Property Damage: $1,800.00 awarded to landlord; Rent Arrears: $242.85 awarded to landlord

What type of tenancy dispute was case 4519790?

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

Where can I read the official tribunal order for case 4519790?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9409941-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4519790?

Cleaning: $170.00 awarded to landlord; Carpet Removal And Dumping: $134.84 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Heat Pump Remote: $136.02 awarded to landlord; Property Damage: $1,800.00 awarded to landlord; Rent Arrears: $242.85 awarded to landlord

What type of tenancy dispute was case 4519790?

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

Where can I read the official tribunal order for case 4519790?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9409941-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4519790 — Property damage

Q: What was Tenancy Tribunal case 4519790 about?

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

Order

Claims and awards in Tenancy Tribunal application 4519790 — net $704.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 January 2023	$242.85	Rent arrears to 12 January 2023
Heat pump remote	$136.02	Heat pump remote
Carpet Cleaning	$170.00	Carpet Cleaning
Carpet removal and dumping	$134.84	Carpet removal and dumping
Carpet replacement (insurance excess	$1,800.00	Carpet replacement (insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$704.15
Total payable by Tenant to Landlord	$704.15

An application for suppression has been made in this case, and the Tribunal orders suppression of two first named tenants’ names and identifying details.

[Tenant 1], [Tenant 2], Trinity Blair and Oliver Green must pay Metro Advances Ltd $704.15 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to Metro Advances Limited immediately.

Reasons

Ms Easterbrook attended the hearing for the landlord. The two first named tenants attended, and their names have been suppressed. The other two tenants did not attend.

The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent

The tenancy ended on 12 January 2023. The landlord provided rent records showing the $242.85 owing at the end of the tenancy. The tenants accepted that. Tenants’ Other Obligations

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and return all keys and security devices.

Tenants must not carelessly or intentionally damage 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.

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).

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).

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.

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.

Joint tenants are jointly and severally liable to pay for any damage during the tenancy to the extent that the Act allows recovery from the tenants. This means that each tenant is liable in full and any apportionment between the tenants is for them to resolve. The Claims

Claims for the heat pump remote, carpet cleaning and carpet removal and disposal were accepted. Carpet Replacement

I am satisfied on the evidence that the carpet was soiled by cat urine and needed to be replaced. The urine had gone through to the floorboards, and they had to be painted before new carpet could be laid.

The landlord had insurance cover for the damage. I have no information regarding whether the insurer has accepted the landlord’s claim under the policy for the damage to the carpet and floorboards. In my view there is unlikely to be cover because the damage was gradual and there is an exclusion in the policy for gradual damage.

I find that it is likely that the damage was caused carelessly by a kitten belonging to one of the tenants, Trinity Blair. The two first named tenants had two adult cats and a dog between them, and I accept that they were toilet trained and did not soil the carpet.

There was obviously damage throughout the premises from numerous incidents of soiling the carpet. It would be artificial to treat these incidents as separate incidents of damage. Together they resulted in the carpet being in such a bad state of contamination that it had to be replaced. That was the result of one of the tenants not taking reasonable care to ensure that her kitten toileted in a litter tray.

It follows that the limit that applies to the tenants’ liability is four weeks rent being $1,800 and that is what I have awarded for the carpet damage. The cost of replacing the carpet well exceeds that. Filing Fee

The landlords have had substantial success and so I have awarded them the filing fee. Suppression

The two first named tenants have requested name suppression. I am satisfied that they were not responsible for the carpet damage and that they have been let down by the other tenants. In all the circumstances, the adverse effect of publishing their names would be disproportionate to their culpability. I have therefore granted them name suppression.

Claims and awards in Tenancy Tribunal application 4519790 — net $704.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 January 2023	$242.85	Rent arrears to 12 January 2023
Heat pump remote	$136.02	Heat pump remote
Carpet Cleaning	$170.00	Carpet Cleaning
Carpet removal and dumping	$134.84	Carpet removal and dumping
Carpet replacement (insurance excess	$1,800.00	Carpet replacement (insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$704.15
Total payable by Tenant to Landlord	$704.15

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of two first named tenants’ names and identifying details.
[Tenant 1], [Tenant 2], Trinity Blair and Oliver Green must pay Metro Advances Ltd $704.15 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to Metro Advances Limited immediately.

Reasons

Ms Easterbrook attended the hearing for the landlord. The two first named tenants attended, and their names have been suppressed. The other two tenants did not attend.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy ended on 12 January 2023. The landlord provided rent records showing the $242.85 owing at the end of the tenancy. The tenants accepted that. Tenants’ Other Obligations
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and return all keys and security devices.
Tenants must not carelessly or intentionally damage 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.
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).
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).
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.
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.
Joint tenants are jointly and severally liable to pay for any damage during the tenancy to the extent that the Act allows recovery from the tenants. This means that each tenant is liable in full and any apportionment between the tenants is for them to resolve. The Claims
Claims for the heat pump remote, carpet cleaning and carpet removal and disposal were accepted. Carpet Replacement
I am satisfied on the evidence that the carpet was soiled by cat urine and needed to be replaced. The urine had gone through to the floorboards, and they had to be painted before new carpet could be laid.
The landlord had insurance cover for the damage. I have no information regarding whether the insurer has accepted the landlord’s claim under the policy for the damage to the carpet and floorboards. In my view there is unlikely to be cover because the damage was gradual and there is an exclusion in the policy for gradual damage.
I find that it is likely that the damage was caused carelessly by a kitten belonging to one of the tenants, Trinity Blair. The two first named tenants had two adult cats and a dog between them, and I accept that they were toilet trained and did not soil the carpet.
There was obviously damage throughout the premises from numerous incidents of soiling the carpet. It would be artificial to treat these incidents as separate incidents of damage. Together they resulted in the carpet being in such a bad state of contamination that it had to be replaced. That was the result of one of the tenants not taking reasonable care to ensure that her kitten toileted in a litter tray.
It follows that the limit that applies to the tenants’ liability is four weeks rent being $1,800 and that is what I have awarded for the carpet damage. The cost of replacing the carpet well exceeds that. Filing Fee
The landlords have had substantial success and so I have awarded them the filing fee. Suppression
The two first named tenants have requested name suppression. I am satisfied that they were not responsible for the carpet damage and that they have been let down by the other tenants. In all the circumstances, the adverse effect of publishing their names would be disproportionate to their culpability. I have therefore granted them name suppression.

Tenancy Tribunal case 4519790 — Property damage

At a glance

Tenancy Tribunal case 4519790 — 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