What was the outcome of Tenancy Tribunal case 4732049?

The tribunal order states: Faaitaita Alhuni must pay Robert Allen and Pauline Allen $9,377.00

How much money was awarded in case 4732049?

Filing Fee: $27.00 awarded to landlord; Labour Costs: $2,800.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Arrears: $1,740.00 awarded to landlord; Carpet: $4,560.00 awarded to landlord; Resealing The Floors: $200.00 awarded to landlord; Walls And Repaint: $350.00 awarded to landlord

What type of tenancy dispute was case 4732049?

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

Where can I read the official tribunal order for case 4732049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10979255-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4732049?

The tribunal order states: Faaitaita Alhuni must pay Robert Allen and Pauline Allen $9,377.00

How much money was awarded in case 4732049?

Filing Fee: $27.00 awarded to landlord; Labour Costs: $2,800.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Arrears: $1,740.00 awarded to landlord; Carpet: $4,560.00 awarded to landlord; Resealing The Floors: $200.00 awarded to landlord; Walls And Repaint: $350.00 awarded to landlord

What type of tenancy dispute was case 4732049?

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

Where can I read the official tribunal order for case 4732049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10979255-Tribunal_Order.pdf.

58 Wigan Street, Gore, Gore 9710 Tenancy Tribunal Case 4732049 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4732049 — net $9,377.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,740.00	Rent arrears
Repairs: Carpet	$4,560.00	Repairs: Carpet
Repairs: Walls and repaint	$350.00	Repairs: Walls and repaint
Repairs: Resealing the floors	$200.00	Repairs: Resealing the floors
Insurance excess	$750.00	Insurance excess
Labour costs	$2,800.00	Labour costs
Filing fee	$27.00	Filing fee
Net award	$9,377.00
Total payable by Tenant to Landlord	$9,377.00

The tenant was served with the application yet failed to attend 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.

How much is owed for rent?

The tenancy ended on 15 th July 2022. The landlord provided rent records which prove the amount owing at 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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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 property had just been renovated with new carpet throughout at the commencement of the tenancy. The tenant had a cat and lamb and the lamb was allowed in the house. She also had a dog that visited the property. There was significant damage to the carpets that were stained and smelt strongly of animal urine and faeces.

Further there was damage to the walls and window sills caused by excessive condensation as the tenant failed to ventilate the property. The damage is more than fair wear and tear, and the tenant has not 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.

Because Robert Allen, Pauline Allen has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4732049 — net $9,377.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,740.00	Rent arrears
Repairs: Carpet	$4,560.00	Repairs: Carpet
Repairs: Walls and repaint	$350.00	Repairs: Walls and repaint
Repairs: Resealing the floors	$200.00	Repairs: Resealing the floors
Insurance excess	$750.00	Insurance excess
Labour costs	$2,800.00	Labour costs
Filing fee	$27.00	Filing fee
Net award	$9,377.00
Total payable by Tenant to Landlord	$9,377.00

Order

Faaitaita Alhuni must pay Robert Allen and Pauline Allen $9,377.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,050.00 (6380932-004) to Robert Allen and Pauline Allen immediately.

Reasons

The tenant was served with the application yet failed to attend 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.

How much is owed for rent?

The tenancy ended on 15 th July 2022. The landlord provided rent records which prove the amount owing at 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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 property had just been renovated with new carpet throughout at the commencement of the tenancy. The tenant had a cat and lamb and the lamb was allowed in the house. She also had a dog that visited the property. There was significant damage to the carpets that were stained and smelt strongly of animal urine and faeces.
Further there was damage to the walls and window sills caused by excessive condensation as the tenant failed to ventilate the property. The damage is more than fair wear and tear, and the tenant has not 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.
Because Robert Allen, Pauline Allen has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4732049 — Property damage at 58 Wigan Street, Gore, Gore 9710

At a glance

Tenancy Tribunal case 4732049 — Property damage at 58 Wigan Street, Gore, Gore 9710

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions