What was the outcome of Tenancy Tribunal case 4610930?

The tribunal order states: Chelsea Jean Eileen Wijohn Moulden must pay Investment Portfolio

How much money was awarded in case 4610930?

Property Damage: $750.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord

What type of tenancy dispute was case 4610930?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4610930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9992450-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4610930?

The tribunal order states: Chelsea Jean Eileen Wijohn Moulden must pay Investment Portfolio

How much money was awarded in case 4610930?

Property Damage: $750.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord

What type of tenancy dispute was case 4610930?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4610930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9992450-Tribunal_Order.pdf.

Unit/Flat 710, 8 Lakewood Court, Manukau, Auckland 2104 Tenancy Tribunal Case 4610930 — Property damage

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Unit/Flat 710, 8 Lakewood Court, Manukau, Auckland 2104 Tenancy Tribunal Case 4610930 — Property damage | 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 4610930 — net $1,950.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replacement chair (less depreciation	$750.00	Replacement chair (less depreciation
Replacement coffee table	$1,200.00	Replacement coffee table
Net award	$1,950.00
Total payable by Tenant to Landlord	$1,950.00

Claims and awards for application 4610930 — net $1,950.00 NZD. Verify on MoJ.

Replacement chair (less depreciation

Amount: $750.00
Awarded to: Landlord
Reason: Replacement chair (less depreciation

Replacement coffee table

Amount: $1,200.00
Awarded to: Landlord
Reason: Replacement coffee table

Net award

Landlord $1,950.00

Total payable by Tenant to Landlord

Landlord $1,950.00

Claim types — money lines allowed on this order

Property damage

Order

Chelsea Jean Eileen Wijohn Moulden must pay Investment Portfolio Management Limited Partnership As Agent For Sanjog Nadan & Annu Nadan $1,950.00 immediately, calculated as shown in table below.

Reasons

Both parties attended the rehearing of the landlord’s vacated claims in respect of the cost of the replace the mattress, coffee table and the swivel chair.
For the avoidance of doubt, my findings summarised below is only in respect of the landlord’s vacated claims in respect of the cost of the replace the mattress, coffee table and the swivel chair.
Order 2 of adjudicator J Northwood’s order dated 7 September 2023 stands; the bond has since been disbursed to both parties following Order 2.

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.
The mattress, coffee table and the swivel chair were damaged during the tenancy.
Having perused the photograph of the mattress concerned, I find that the damage to the mattress is fair wear and tear. The manner the tear has come off the side of the mattress is consistent with the tenant’s explanation of normal wear rather than through any external force or device. The landlord’s claim for mattress replacement cost therefore fails.
As for the swivel chair and coffee table, I find their damage beyond fair wear and tear and the tenant has not disproved liability for the damage. The ink stains on the chair are irremovable and chair had to be replaced. The marble table was smashed and purported unsafe condition prior to being damaged was never reported to the landlord.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Only the amounts ordered are proved.
On payment of the above costs, the tenant may collect the swivel chair from the landlord because the landlord no longer has any further use for it due to the ink stains. The tenant should arrange with the landlord accordingly within 14 days from today for retrieval of the chair if the tenant still wants it.

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 4610930 — net $1,950.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replacement chair (less depreciation	$750.00	Replacement chair (less depreciation
Replacement coffee table	$1,200.00	Replacement coffee table
Net award	$1,950.00
Total payable by Tenant to Landlord	$1,950.00

Claims and awards for application 4610930 — net $1,950.00 NZD. Verify on MoJ.

Replacement chair (less depreciation

Amount: $750.00
Awarded to: Landlord
Reason: Replacement chair (less depreciation

Replacement coffee table

Amount: $1,200.00
Awarded to: Landlord
Reason: Replacement coffee table

Net award

Landlord $1,950.00

Total payable by Tenant to Landlord

Landlord $1,950.00

Claim types — money lines allowed on this order

Property damage

Order

Chelsea Jean Eileen Wijohn Moulden must pay Investment Portfolio Management Limited Partnership As Agent For Sanjog Nadan & Annu Nadan $1,950.00 immediately, calculated as shown in table below.

Reasons

Both parties attended the rehearing of the landlord’s vacated claims in respect of the cost of the replace the mattress, coffee table and the swivel chair.
For the avoidance of doubt, my findings summarised below is only in respect of the landlord’s vacated claims in respect of the cost of the replace the mattress, coffee table and the swivel chair.
Order 2 of adjudicator J Northwood’s order dated 7 September 2023 stands; the bond has since been disbursed to both parties following Order 2.

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.
The mattress, coffee table and the swivel chair were damaged during the tenancy.
Having perused the photograph of the mattress concerned, I find that the damage to the mattress is fair wear and tear. The manner the tear has come off the side of the mattress is consistent with the tenant’s explanation of normal wear rather than through any external force or device. The landlord’s claim for mattress replacement cost therefore fails.
As for the swivel chair and coffee table, I find their damage beyond fair wear and tear and the tenant has not disproved liability for the damage. The ink stains on the chair are irremovable and chair had to be replaced. The marble table was smashed and purported unsafe condition prior to being damaged was never reported to the landlord.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Only the amounts ordered are proved.
On payment of the above costs, the tenant may collect the swivel chair from the landlord because the landlord no longer has any further use for it due to the ink stains. The tenant should arrange with the landlord accordingly within 14 days from today for retrieval of the chair if the tenant still wants it.

Tenancy Tribunal case 4610930 — Property damage at Unit/Flat 710, 8 Lakewood Court, Manukau, Auckland 2104

At a glance

Tenancy Tribunal case 4610930 — Property damage at Unit/Flat 710, 8 Lakewood Court, Manukau, Auckland 2104

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