What was Tenancy Tribunal case 4642857 about?

The tribunal order states: GARY JUSTIN MCFARLANE and LEANNE JOY HOLLINSHEAD must pay [The

How much money was awarded in case 4642857?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,650.00 awarded to landlord; Rent Arrears: $5,908.56 awarded to landlord

What type of tenancy dispute was case 4642857?

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

Where can I read the official tribunal order for case 4642857?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10378072-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4642857 about?

The tribunal order states: GARY JUSTIN MCFARLANE and LEANNE JOY HOLLINSHEAD must pay [The

How much money was awarded in case 4642857?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,650.00 awarded to landlord; Rent Arrears: $5,908.56 awarded to landlord

What type of tenancy dispute was case 4642857?

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

Where can I read the official tribunal order for case 4642857?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10378072-Tribunal_Order_Redacted.pdf.

11 Russley Drive, Mount Maunganui, Mount Maunganui Tenancy Tribunal Case 4642857 — Rent arrears

Claims and awards in Tenancy Tribunal application 4642857 — net $7,579.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,908.56	Rent arrears
Insurance excess	$1,650.00	Insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,579.00
Total payable by Tenant to Landlord	$7,579.00

Order

GARY JUSTIN MCFARLANE and LEANNE JOY HOLLINSHEAD must pay [The landlord/s] $7,579.00 immediately, calculated as shown in table below.
The rest of the claims are dismissed.

Reasons

The landlords attended the hearing. The tenants were called on the telephone numbers provided. The calls went to voice mail and one phone was disconnected. The hearing continued in their absence.
This matter was part heard and a decision issued on 18 December 2023. The issues left to be determined were loss of rent and insurance excess liability claimed by the landlord.
The hearing was adjourned for the parties to confirm with their respective insurance companies their claims, and what was covered by their policies.
The landlord has applied for lost rent, compensation, and reimbursement of the filing fee following the end of the tenancy.

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.
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). See section 49B(3)(a) RTA.
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). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
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. See section 49B(1) RTA.
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 following damage was caused during the tenancy: The upstairs carpet in the hallway and bedrooms was damaged by cat soiling, causing stains and a strong smell that could not be removed.
New carpet was installed at the premises before the tenancy began. The landlords provided an invoice dated 16 December 2022 for new carpet from Gerrand floorings.
When the tenant moved out the landlord found animal waste, fur, and a strong smell in the upstairs of the premises.
The landlord tried to have the carpets cleaned to remove the smell. An invoice from JAE cleaners was provided and this was paid by their insurance company.
This cleaning was not successful, and a claim was made to the landlords insurance company FMG.
A copy of a report from Gerrand floorings was provided recommending replacement of the whole upstairs carpet and underlay, and painting of the subfloor to seal the smell. This is dated 29 September 2023.
FMG approved the claim for carpet and underlay replacement on 15 November and payment of the excess for 3 rooms of $550.00 each was sought. The landlord sought reimbursement of a total of $1650.00.
The landlord provided evidence of the tenant messaging about her cat at the premises, and she had started to feed a cat that used to live there and kept returning. This cat had belonged to the landlord’s son and the tenants claims in respect of this was determined in the order dated 18 December 2023.
I find that the carpet was damaged by a cat being inside at the premises and the damage is more than fair wear and tear. The tenant did not appear at the hearing to disproved liability for the damage.
The amounts ordered are proved.
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. Lost rent.
The tenancy began on 14 January 2023 and ended on 14 September 2023.
The landlord confirmed that the date that the carpet was replaced was 11 November 2023 and a new tenancy began after this date. The process to install new carpet included the landlords uplifting the old carpet and painting sealer on the floor before carpet layers were uses.
There is an expectation of some time between tenancies to attend to general maintenance. This time is not claimable as a loss. The current claim before the Tribunal is for the loss of over 8 weeks of rent for the time taken to refloor the hallway and two bedrooms.
I find compensation of $5908.56 is to be awarded for lost rent over this period and this also incorporates a small amount of depreciation due to the age of the carpet.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. The landlords are wholly successful, and suppression of the landlords’ details are ordered.

Claims and awards in Tenancy Tribunal application 4642857 — net $7,579.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,908.56	Rent arrears
Insurance excess	$1,650.00	Insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,579.00
Total payable by Tenant to Landlord	$7,579.00

Order

GARY JUSTIN MCFARLANE and LEANNE JOY HOLLINSHEAD must pay [The landlord/s] $7,579.00 immediately, calculated as shown in table below.
The rest of the claims are dismissed.

Reasons

The landlords attended the hearing. The tenants were called on the telephone numbers provided. The calls went to voice mail and one phone was disconnected. The hearing continued in their absence.
This matter was part heard and a decision issued on 18 December 2023. The issues left to be determined were loss of rent and insurance excess liability claimed by the landlord.
The hearing was adjourned for the parties to confirm with their respective insurance companies their claims, and what was covered by their policies.
The landlord has applied for lost rent, compensation, and reimbursement of the filing fee following the end of the tenancy.

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.
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). See section 49B(3)(a) RTA.
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). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
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. See section 49B(1) RTA.
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 following damage was caused during the tenancy: The upstairs carpet in the hallway and bedrooms was damaged by cat soiling, causing stains and a strong smell that could not be removed.
New carpet was installed at the premises before the tenancy began. The landlords provided an invoice dated 16 December 2022 for new carpet from Gerrand floorings.
When the tenant moved out the landlord found animal waste, fur, and a strong smell in the upstairs of the premises.
The landlord tried to have the carpets cleaned to remove the smell. An invoice from JAE cleaners was provided and this was paid by their insurance company.
This cleaning was not successful, and a claim was made to the landlords insurance company FMG.
A copy of a report from Gerrand floorings was provided recommending replacement of the whole upstairs carpet and underlay, and painting of the subfloor to seal the smell. This is dated 29 September 2023.
FMG approved the claim for carpet and underlay replacement on 15 November and payment of the excess for 3 rooms of $550.00 each was sought. The landlord sought reimbursement of a total of $1650.00.
The landlord provided evidence of the tenant messaging about her cat at the premises, and she had started to feed a cat that used to live there and kept returning. This cat had belonged to the landlord’s son and the tenants claims in respect of this was determined in the order dated 18 December 2023.
I find that the carpet was damaged by a cat being inside at the premises and the damage is more than fair wear and tear. The tenant did not appear at the hearing to disproved liability for the damage.
The amounts ordered are proved.
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. Lost rent.
The tenancy began on 14 January 2023 and ended on 14 September 2023.
The landlord confirmed that the date that the carpet was replaced was 11 November 2023 and a new tenancy began after this date. The process to install new carpet included the landlords uplifting the old carpet and painting sealer on the floor before carpet layers were uses.
There is an expectation of some time between tenancies to attend to general maintenance. This time is not claimable as a loss. The current claim before the Tribunal is for the loss of over 8 weeks of rent for the time taken to refloor the hallway and two bedrooms.
I find compensation of $5908.56 is to be awarded for lost rent over this period and this also incorporates a small amount of depreciation due to the age of the carpet.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. The landlords are wholly successful, and suppression of the landlords’ details are ordered.

Tenancy Tribunal case 4642857 — Rent arrears at 11 Russley Drive, Mount Maunganui, Mount Maunganui

At a glance

Tenancy Tribunal case 4642857 — Rent arrears at 11 Russley Drive, Mount Maunganui, Mount Maunganui

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

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

Frequently asked questions