What was Tenancy Tribunal case 4732469 about?

The tribunal order states: [The tenant/s] must pay Renae Pocklington $5,471.13 immediately, calculated

How much money was awarded in case 4732469?

Filing Fee: $20.44 awarded to landlord; Kitchen Vinyl: $500.00 awarded to landlord; Loss Of Rents: $1,640.00 awarded to landlord; Previous Order Application 4732469 D…: $610.69 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Property Damage: $200.00 awarded to landlord

What type of tenancy dispute was case 4732469?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4732469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10160824-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4732469 about?

The tribunal order states: [The tenant/s] must pay Renae Pocklington $5,471.13 immediately, calculated

How much money was awarded in case 4732469?

Filing Fee: $20.44 awarded to landlord; Kitchen Vinyl: $500.00 awarded to landlord; Loss Of Rents: $1,640.00 awarded to landlord; Previous Order Application 4732469 D…: $610.69 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Property Damage: $200.00 awarded to landlord

What type of tenancy dispute was case 4732469?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4732469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10160824-Tribunal_Order_Redacted.pdf.

Unit/Flat Unit 1, 156 Charles Street, Westshore, Napier Tenancy Tribunal Case 4732469 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4732469 — net $5,471.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4732469 dated 07/02/2024	$610.69	Previous order application 4732469 dated 07/02/2024
Insurance excess - interior painting	$500.00	Insurance excess - interior painting
Insurance excess - vinyl replacement	$500.00	Insurance excess - vinyl replacement
Insurance excess (4) – carpet replacement	$2,000.00	Insurance excess (4) – carpet replacement
Loss of rents	$1,640.00	Loss of rents
Curtain replacement	$200.00	Curtain replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,471.13
Total payable by Tenant to Landlord	$5,471.13

The landlord attended the hearing by teleconference. The tenant did not attend.

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

On 7 February 2024 the Tribunal made an Order (“the February Order”) refunding the bond to the landlord and determining compensation claims brought by the landlord, which resulted in a sum of $610.69 being payable by the tenant to the landlord. That sum is included in this Order, which supersedes the February Order.

The February Order notes: “23. The landlord has claimed compensation for interior painting, replacement of a window frame, carpet replacement, vinyl replacement and loss of rents.

Those are all claims that might be impacted by the landlord’s insurance and determination of those claims is adjourned until the next hearing.”

The landlord has had insurance claims processed for those events and has given evidence today as to the outcome. Interior Painting

The interior paintwork was damaged during the tenancy such that repainting was required. The damage was beyond wear and tear and the landlord is entitled to compensation for the loss caused.

An insurance claim was accepted with an excess of $500.00 payable. That is the amount of the landlord’s loss for which she is entitled to be compensated. Vinyl replacement

The vinyl was damaged during the tenancy such that replacement was required. The damage was beyond wear and tear and the landlord is entitled to compensation for the loss caused.

An insurance claim was accepted with an excess of $500.00 payable. That is the amount of the landlord’s loss for which she is entitled to be compensated. Carpet replacement

The carpet throughout the premises was damaged during the tenancy such that replacement was required. The damage was beyond wear and tear and the landlord is entitled to compensation for the loss caused.

An insurance claim was accepted, although in this case replacement of the carpet in each of the four affected rooms was categorised as a separate event with a separate $500.00 excess payable. The combined excess amount represents the landlord’s loss for which the landlord is entitled to be compensated. Window joinery

The landlord has a price for the replacement window but not installation costs due to scarcity of tradespeople. As the landlord is unable to quantify her loss, an award of compensation cannot be calculated. It is not appropriate to leave the claims in abeyance until the loss is incurred.

If that claim is to be pursued it should be by way of a separate application (referencing this application number). Curtains

Curtains were damaged during the tenancy such that replacement was required. The damage was beyond wear and tear and the landlord is entitled to compensation for the loss caused.

An insurance has been accepted for this loss.

I have taken into account betterment and depreciation. The landlord should be returned to the position she would have been in had the tenant not breached her obligations, and should not be better or worse off.

The curtains were new at the start of this 7 year tenancy so were close to the end of their depreciable life when the tenancy ended. That is taken into account as is the replacement cost of $1,318.55. Loss of rents

The landlord’s evidence is that her insurance does not cover loss of rent.

A landlord is not entitled to be indemnified against all loss of rent for maintenance/ repair work between tenancies. Here, the position is that tradespeople needed access to the premises for 4 weeks to complete work to repair damage that was the tenant’s responsibility. It was only from that point that the landlord was able to begin readvertising the premises as available for rent so the claim does not cover the whole of the period no rent was being received.

I find that in those circumstances, the landlord’s claim for loss of rent is reasonable and does represent an actual, direct and foreseeable loss arising from the tenant’s breaches. The landlord’s claim to compensation is proved.

Because Renae Pocklington has succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4732469 — net $5,471.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4732469 dated 07/02/2024	$610.69	Previous order application 4732469 dated 07/02/2024
Insurance excess - interior painting	$500.00	Insurance excess - interior painting
Insurance excess - vinyl replacement	$500.00	Insurance excess - vinyl replacement
Insurance excess (4) – carpet replacement	$2,000.00	Insurance excess (4) – carpet replacement
Loss of rents	$1,640.00	Loss of rents
Curtain replacement	$200.00	Curtain replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,471.13
Total payable by Tenant to Landlord	$5,471.13

Order

[The tenant/s] must pay Renae Pocklington $5,471.13 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing by teleconference. The tenant did not attend.
The landlord applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
On 7 February 2024 the Tribunal made an Order (“the February Order”) refunding the bond to the landlord and determining compensation claims brought by the landlord, which resulted in a sum of $610.69 being payable by the tenant to the landlord. That sum is included in this Order, which supersedes the February Order.
The February Order notes: “23. The landlord has claimed compensation for interior painting, replacement of a window frame, carpet replacement, vinyl replacement and loss of rents.
Those are all claims that might be impacted by the landlord’s insurance and determination of those claims is adjourned until the next hearing.”
The landlord has had insurance claims processed for those events and has given evidence today as to the outcome. Interior Painting
The interior paintwork was damaged during the tenancy such that repainting was required. The damage was beyond wear and tear and the landlord is entitled to compensation for the loss caused.
An insurance claim was accepted with an excess of $500.00 payable. That is the amount of the landlord’s loss for which she is entitled to be compensated. Vinyl replacement
The vinyl was damaged during the tenancy such that replacement was required. The damage was beyond wear and tear and the landlord is entitled to compensation for the loss caused.
An insurance claim was accepted with an excess of $500.00 payable. That is the amount of the landlord’s loss for which she is entitled to be compensated. Carpet replacement
The carpet throughout the premises was damaged during the tenancy such that replacement was required. The damage was beyond wear and tear and the landlord is entitled to compensation for the loss caused.
An insurance claim was accepted, although in this case replacement of the carpet in each of the four affected rooms was categorised as a separate event with a separate $500.00 excess payable. The combined excess amount represents the landlord’s loss for which the landlord is entitled to be compensated. Window joinery
The landlord has a price for the replacement window but not installation costs due to scarcity of tradespeople. As the landlord is unable to quantify her loss, an award of compensation cannot be calculated. It is not appropriate to leave the claims in abeyance until the loss is incurred.
If that claim is to be pursued it should be by way of a separate application (referencing this application number). Curtains
Curtains were damaged during the tenancy such that replacement was required. The damage was beyond wear and tear and the landlord is entitled to compensation for the loss caused.
An insurance has been accepted for this loss.
I have taken into account betterment and depreciation. The landlord should be returned to the position she would have been in had the tenant not breached her obligations, and should not be better or worse off.
The curtains were new at the start of this 7 year tenancy so were close to the end of their depreciable life when the tenancy ended. That is taken into account as is the replacement cost of $1,318.55. Loss of rents
The landlord’s evidence is that her insurance does not cover loss of rent.
A landlord is not entitled to be indemnified against all loss of rent for maintenance/ repair work between tenancies. Here, the position is that tradespeople needed access to the premises for 4 weeks to complete work to repair damage that was the tenant’s responsibility. It was only from that point that the landlord was able to begin readvertising the premises as available for rent so the claim does not cover the whole of the period no rent was being received.
I find that in those circumstances, the landlord’s claim for loss of rent is reasonable and does represent an actual, direct and foreseeable loss arising from the tenant’s breaches. The landlord’s claim to compensation is proved.
Because Renae Pocklington has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4732469 — Property damage at Unit/Flat Unit 1, 156 Charles Street, Westshore, Napier

At a glance

Tenancy Tribunal case 4732469 — Property damage at Unit/Flat Unit 1, 156 Charles Street, Westshore, Napier

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions