What was Tenancy Tribunal case 4709870 about?

The tribunal order states: The claim for water was withdrawn and the claim for flooring was dismissed.

How much money was awarded in case 4709870?

Filing Fee: $20.44 awarded to landlord; Property Damage: $242.27 awarded to landlord; Rent Arrears: $535.71 awarded to landlord

What type of tenancy dispute was case 4709870?

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

Where can I read the official tribunal order for case 4709870?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10220172-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4709870 about?

The tribunal order states: The claim for water was withdrawn and the claim for flooring was dismissed.

How much money was awarded in case 4709870?

Filing Fee: $20.44 awarded to landlord; Property Damage: $242.27 awarded to landlord; Rent Arrears: $535.71 awarded to landlord

What type of tenancy dispute was case 4709870?

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

Where can I read the official tribunal order for case 4709870?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10220172-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4709870 — Rent arrears

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New Zealand Tenancy Tribunal Case 4709870 — Rent arrears | 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 4709870 — net $798.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
By consent - rent arrears - 5 days	$535.71	By consent - rent arrears - 5 days
By consent - repairs to the front door	$242.27	By consent - repairs to the front door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$798.42
Bond	$3,000.00
Total payable by Tenant to Landlord	$798.42

Claims and awards for application 4709870 — net $798.42 NZD. Verify on MoJ.

By consent - rent arrears - 5 days

Amount: $535.71
Awarded to: Landlord
Reason: By consent - rent arrears - 5 days

By consent - repairs to the front door

Amount: $242.27
Awarded to: Landlord
Reason: By consent - repairs to the front door

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $798.42

Bond

Landlord $3,000.00

Total payable by Tenant to Landlord

Landlord $798.42

Dismissed claims

Flooring

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

The claim for water was withdrawn and the claim for flooring was dismissed.
Amr Soliman to pay [The landlord/s] $798.42 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $798.42 Amr Soliman: $2,201.58

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenant agreed to pay for the rent and the repairs to the front door.

Is the tenant responsible for the damage to the premises?

There is a claim for replacing the old cork tiles with new flooring in two bathrooms. The tenant did not agree to pay for the new flooring. The landlord asked for an adjournment because the insurance assessor is in the process of deciding if the insurer will pay for the flooring. This was not allowed because the tenancy ended over 9 months ago, and there has already been one adjournment. I decided to make a decision based on the information available to me at the hearing.
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, 49B Residential Tenancies Act 1986.
When it comes to any claim for damage I have to take betterment and depreciation into account. 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. I have looked at the photos taken at the start of the tenancy and I can see that the floor was already worn and marked. It seems most likely to me that any order the tenant pay for new flooring would result in the tenant paying for an improvement.
Even if I am wrong in this, I was not provided with any proof of age for the cork tiles which means I cannot calculate depreciation. The claim for flooring is dismissed.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

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 4709870 — net $798.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
By consent - rent arrears - 5 days	$535.71	By consent - rent arrears - 5 days
By consent - repairs to the front door	$242.27	By consent - repairs to the front door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$798.42
Bond	$3,000.00
Total payable by Tenant to Landlord	$798.42

Claims and awards for application 4709870 — net $798.42 NZD. Verify on MoJ.

By consent - rent arrears - 5 days

Amount: $535.71
Awarded to: Landlord
Reason: By consent - rent arrears - 5 days

By consent - repairs to the front door

Amount: $242.27
Awarded to: Landlord
Reason: By consent - repairs to the front door

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $798.42

Bond

Landlord $3,000.00

Total payable by Tenant to Landlord

Landlord $798.42

Dismissed claims

Flooring

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

The claim for water was withdrawn and the claim for flooring was dismissed.
Amr Soliman to pay [The landlord/s] $798.42 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $798.42 Amr Soliman: $2,201.58

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenant agreed to pay for the rent and the repairs to the front door.

Is the tenant responsible for the damage to the premises?

There is a claim for replacing the old cork tiles with new flooring in two bathrooms. The tenant did not agree to pay for the new flooring. The landlord asked for an adjournment because the insurance assessor is in the process of deciding if the insurer will pay for the flooring. This was not allowed because the tenancy ended over 9 months ago, and there has already been one adjournment. I decided to make a decision based on the information available to me at the hearing.
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, 49B Residential Tenancies Act 1986.
When it comes to any claim for damage I have to take betterment and depreciation into account. 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. I have looked at the photos taken at the start of the tenancy and I can see that the floor was already worn and marked. It seems most likely to me that any order the tenant pay for new flooring would result in the tenant paying for an improvement.
Even if I am wrong in this, I was not provided with any proof of age for the cork tiles which means I cannot calculate depreciation. The claim for flooring is dismissed.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4709870 — Rent arrears

At a glance

Tenancy Tribunal case 4709870 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions