How much money was awarded in case 4653249?

Cleaning: $127.50 awarded to landlord; Cleaning: $112.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Credit: $411.33 awarded to tenant; Couch: $210.00 awarded to landlord; Repainting Walls, Door, Fixtures: $642.25 awarded to landlord; Replace Furnishings: Bed Base: $55.00 awarded to landlord; Replace Furnishings: Carpet: $859.63 awarded to landlord; Replace Furnishings: Chair: $30.00 awarded to landlord; Replace Furnishings: Coffee Table: $75.00 awarded to landlord; Replace Furnishings: Curtains: $160.00 awarded to landlord; Replace furnishings: Fridge (depreci…: $250.50 awarded to landlord; Rubbish Removal: $35.00 awarded to landlord

What type of tenancy dispute was case 4653249?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4653249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9389813-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4653249?

Cleaning: $127.50 awarded to landlord; Cleaning: $112.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Credit: $411.33 awarded to tenant; Couch: $210.00 awarded to landlord; Repainting Walls, Door, Fixtures: $642.25 awarded to landlord; Replace Furnishings: Bed Base: $55.00 awarded to landlord; Replace Furnishings: Carpet: $859.63 awarded to landlord; Replace Furnishings: Chair: $30.00 awarded to landlord; Replace Furnishings: Coffee Table: $75.00 awarded to landlord; Replace Furnishings: Curtains: $160.00 awarded to landlord; Replace furnishings: Fridge (depreci…: $250.50 awarded to landlord; Rubbish Removal: $35.00 awarded to landlord

What type of tenancy dispute was case 4653249?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4653249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9389813-Tenancy_Tribunal_Order.pdf.

Room F427, 47 Franklyn Street, Nelson South, Nelson Tenancy Tribunal Case 4653249 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4653249?

The tribunal order states: No application for suppression has been made in this case and no suppression

Order

Claims and awards in Tenancy Tribunal application 4653249 — net $1,366.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Window repairs and cleaning	$127.50		Window repairs and cleaning
Replace furnishings: Carpet	$859.63		Replace furnishings: Carpet
Replace furnishings: Fridge (depreciated 50	$250.50		Replace furnishings: Fridge (depreciated 50
Replace furnishings: Chair	$30.00		Replace furnishings: Chair
Replace furnishings: Curtains	$160.00		Replace furnishings: Curtains
Replace furnishings: Bed base	$55.00		Replace furnishings: Bed base
Repairs: Couch	$210.00		Repairs: Couch
Replace furnishings: Coffee table	$75.00		Replace furnishings: Coffee table
Repairs: Repainting walls, door, fixtures	$642.25		Repairs: Repainting walls, door, fixtures
Rubbish removal	$35.00		Rubbish removal
Filing fee	$20.44		Filing fee
Cleaning	$112.50		Cleaning
Rent credit		$411.33	Rent credit
Total award	$2,577.82	$411.33
Net award	$1,366.49
Total payable by Tenant to Landlord	$1,366.49

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Shaeden Kurt Barrett must pay Franklyn Village Limited $1,346.05 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $800.00 (6430884-002) to Franklyn Village Limited immediately.

Reasons

The landlord attended the hearing. Mr James Campion represented the landlord. No appearance by the tenant.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 17 July 2023.

The landlord was asked about any rent arrear or credit. This was ascertained online at the hearing and confirmed as a credit to the tenant of $411.33.

This credit is applied against the tenant debt in this order.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided an extensive range of photos that support the claims for $112.50 cleaning and $35.00 rubbish removal. Both amounts are awarded in full.

The amounts ordered are proved.

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. The excess here is $500.00 per event.

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.

At the end of the tenancy the landlord discovered significant damage throughout the room, its furnishings, and chattels. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The photos show a significant amount of damage throughout the room. Much of it was from “painting” or graffiti throughout and large spills of paint on the carpeted floor, joinery, and curtains. The damage must be considered intentional.

It is usual to outline in an order each claim and the justification for any compensation ordered. In this instance I leave the detail and costs per claim in the order line items above. Suffice to record here that the damage evidenced in the photos is so extensive it is difficult to identify areas or items not damaged. I am satisfied that the costs claimed are more than reasonable and the landlord has mitigated costs were possible.

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. This has been applied to the fridge at 50%. The carpet cost is not depreciated as the replacement is from stock retained by the landlord from the initial bulk purchase. The owner has carried the initial cost of purchase (the claim uses the purchase price) and storage of the carpet and this is considered sufficient discount to any full replacement cost that might have occurred at current rates. Application filing fee

The landlord has been wholly successful with the application and must therefore have the application filing fee returned by order.

Claims and awards in Tenancy Tribunal application 4653249 — net $1,366.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Window repairs and cleaning	$127.50		Window repairs and cleaning
Replace furnishings: Carpet	$859.63		Replace furnishings: Carpet
Replace furnishings: Fridge (depreciated 50	$250.50		Replace furnishings: Fridge (depreciated 50
Replace furnishings: Chair	$30.00		Replace furnishings: Chair
Replace furnishings: Curtains	$160.00		Replace furnishings: Curtains
Replace furnishings: Bed base	$55.00		Replace furnishings: Bed base
Repairs: Couch	$210.00		Repairs: Couch
Replace furnishings: Coffee table	$75.00		Replace furnishings: Coffee table
Repairs: Repainting walls, door, fixtures	$642.25		Repairs: Repainting walls, door, fixtures
Rubbish removal	$35.00		Rubbish removal
Filing fee	$20.44		Filing fee
Cleaning	$112.50		Cleaning
Rent credit		$411.33	Rent credit
Total award	$2,577.82	$411.33
Net award	$1,366.49
Total payable by Tenant to Landlord	$1,366.49

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Shaeden Kurt Barrett must pay Franklyn Village Limited $1,346.05 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $800.00 (6430884-002) to Franklyn Village Limited immediately.

Reasons

The landlord attended the hearing. Mr James Campion represented the landlord. No appearance by the tenant.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 17 July 2023.
The landlord was asked about any rent arrear or credit. This was ascertained online at the hearing and confirmed as a credit to the tenant of $411.33.
This credit is applied against the tenant debt in this order.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided an extensive range of photos that support the claims for $112.50 cleaning and $35.00 rubbish removal. Both amounts are awarded in full.
The amounts ordered are proved.

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. The excess here is $500.00 per event.
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.
At the end of the tenancy the landlord discovered significant damage throughout the room, its furnishings, and chattels. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The photos show a significant amount of damage throughout the room. Much of it was from “painting” or graffiti throughout and large spills of paint on the carpeted floor, joinery, and curtains. The damage must be considered intentional.
It is usual to outline in an order each claim and the justification for any compensation ordered. In this instance I leave the detail and costs per claim in the order line items above. Suffice to record here that the damage evidenced in the photos is so extensive it is difficult to identify areas or items not damaged. I am satisfied that the costs claimed are more than reasonable and the landlord has mitigated costs were possible.
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. This has been applied to the fridge at 50%. The carpet cost is not depreciated as the replacement is from stock retained by the landlord from the initial bulk purchase. The owner has carried the initial cost of purchase (the claim uses the purchase price) and storage of the carpet and this is considered sufficient discount to any full replacement cost that might have occurred at current rates. Application filing fee
The landlord has been wholly successful with the application and must therefore have the application filing fee returned by order.

Tenancy Tribunal case 4653249 — Property damage at Room F427, 47 Franklyn Street, Nelson South, Nelson

At a glance

Tenancy Tribunal case 4653249 — Property damage at Room F427, 47 Franklyn Street, Nelson South, Nelson

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

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

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions