What was Tenancy Tribunal case 4736192 about?

The tribunal order states: Christopher Field and Jessica Hazelwood Bradley must pay [The landlord/s]

How much money was awarded in case 4736192?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,178.00 awarded to landlord; Rent Arrears: $817.14 awarded to landlord; Rubbish Removal: $30.00 awarded to landlord

What type of tenancy dispute was case 4736192?

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

Where can I read the official tribunal order for case 4736192?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9980147-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4736192 about?

The tribunal order states: Christopher Field and Jessica Hazelwood Bradley must pay [The landlord/s]

How much money was awarded in case 4736192?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,178.00 awarded to landlord; Rent Arrears: $817.14 awarded to landlord; Rubbish Removal: $30.00 awarded to landlord

What type of tenancy dispute was case 4736192?

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

Where can I read the official tribunal order for case 4736192?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9980147-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4736192 — Property damage

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New Zealand Tenancy Tribunal Case 4736192 — Property damage | 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 4736192 — net $85.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 October 2023	$817.14	Rent arrears to 10 October 2023
Replacement carpet - depreciated amount	$1,178.00	Replacement carpet - depreciated amount
Filing fee reimbursement	$20.44	Filing fee reimbursement
Rubbish removal	$30.00	Rubbish removal
Net award	$85.58
Total payable by Tenant to Landlord	$85.58

Claims and awards for application 4736192 — net $85.58 NZD. Verify on MoJ.

Rent arrears to 10 October 2023

Amount: $817.14
Awarded to: Landlord
Reason: Rent arrears to 10 October 2023

Replacement carpet - depreciated amount

Amount: $1,178.00
Awarded to: Landlord
Reason: Replacement carpet - depreciated amount

Filing fee reimbursement

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

Rubbish removal

Amount: $30.00
Awarded to: Landlord
Reason: Rubbish removal

Net award

Landlord $85.58

Total payable by Tenant to Landlord

Landlord $85.58

Dismissed claims

Panting — Other orders

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Christopher Field and Jessica Hazelwood Bradley must pay [The landlord/s] $85.58 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,960.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are dismissed.

Reasons

The landlord and Ms Hazelwood-Bradley 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.

How much is owed for rent?

The tenancy ended on 10 October 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant agreed they owe the money.

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 (RTA).
The tenant did not leave the premises reasonably clean because some rubbish was left behind. The landlord provided an invoice showing the cost for a skip and a builder. The builder was at the flat for a bathroom renovation. This means I do not know exactly how much it cost to remove the rubbish the tenants left behind. Rather than dismiss the claim I have estimated that it would take half an hour for the builder to load the rubbish into the skip. I allow $30 based on the invoice.

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. Carpets
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.
There was damage to the carpets during the tenancy. The tenant fully admitted that they had a puppy – which was in breach of the tenancy agreement - and the puppy clawed the carpets. The tenant then cut the carpet to tidy it up. I find the damage was intentional damage. The cost of the new carpet was $3,100.
I am required 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. In calculating depreciation I must consider the age and condition of the items at the start of the tenancy, and their likely useful lifespan. The landlord submitted that the house last had new carpet in November 2018. Carpet is expected to last 8 years in tenancy premises according to the IRD table ir265. I allow compensation in the amount of $1,178. Curtains
The claim for replacement curtains is not allowed. Curtains also depreciate in value over time. I note that the ingoing property condition report records that the curtains in the lounge and in the master bedroom had “dirt and cat hair” on them, and some were faded. It seems most likely to me the curtains were ready to be replaced so the claim the tenant pay for them is dismissed. Lino
The claim for replacement lino is not allowed either. The ingoing condition report notes that some of the tiles were lifting at the start of the tenancy. It seems most likely to me the lino was also in need of replacement and landlord’s pay for wear and tear. Painting
There is a claim for repainting the flat. The landlord submitted this was needed because of the large amount of mould on the ceilings and around the windows. In reply, the tenant said the house was damp and it was hard to keep on top of the mould. She also said it felt like she was paying for the landlord’s renovation.
This is the landlord’s claim to prove. I was provided with the outgoing inspection report, which has photos. While I can see some mould on ceilings and around the windows it looks like it could have been cleaned off. The claim for panting is dismissed. Other orders
The bond is refunded in full to the landlord.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenants’ names will be published because orders are made against them.
I note the tenant asked at the hearing if she can pay the amount owed by weekly payments. It is up the tenant to contact the landlord to see how this can be arranged.

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 4736192 — net $85.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 October 2023	$817.14	Rent arrears to 10 October 2023
Replacement carpet - depreciated amount	$1,178.00	Replacement carpet - depreciated amount
Filing fee reimbursement	$20.44	Filing fee reimbursement
Rubbish removal	$30.00	Rubbish removal
Net award	$85.58
Total payable by Tenant to Landlord	$85.58

Claims and awards for application 4736192 — net $85.58 NZD. Verify on MoJ.

Rent arrears to 10 October 2023

Amount: $817.14
Awarded to: Landlord
Reason: Rent arrears to 10 October 2023

Replacement carpet - depreciated amount

Amount: $1,178.00
Awarded to: Landlord
Reason: Replacement carpet - depreciated amount

Filing fee reimbursement

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

Rubbish removal

Amount: $30.00
Awarded to: Landlord
Reason: Rubbish removal

Net award

Landlord $85.58

Total payable by Tenant to Landlord

Landlord $85.58

Dismissed claims

Panting — Other orders

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Christopher Field and Jessica Hazelwood Bradley must pay [The landlord/s] $85.58 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,960.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are dismissed.

Reasons

The landlord and Ms Hazelwood-Bradley 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.

How much is owed for rent?

The tenancy ended on 10 October 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant agreed they owe the money.

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 (RTA).
The tenant did not leave the premises reasonably clean because some rubbish was left behind. The landlord provided an invoice showing the cost for a skip and a builder. The builder was at the flat for a bathroom renovation. This means I do not know exactly how much it cost to remove the rubbish the tenants left behind. Rather than dismiss the claim I have estimated that it would take half an hour for the builder to load the rubbish into the skip. I allow $30 based on the invoice.

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. Carpets
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.
There was damage to the carpets during the tenancy. The tenant fully admitted that they had a puppy – which was in breach of the tenancy agreement - and the puppy clawed the carpets. The tenant then cut the carpet to tidy it up. I find the damage was intentional damage. The cost of the new carpet was $3,100.
I am required 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. In calculating depreciation I must consider the age and condition of the items at the start of the tenancy, and their likely useful lifespan. The landlord submitted that the house last had new carpet in November 2018. Carpet is expected to last 8 years in tenancy premises according to the IRD table ir265. I allow compensation in the amount of $1,178. Curtains
The claim for replacement curtains is not allowed. Curtains also depreciate in value over time. I note that the ingoing property condition report records that the curtains in the lounge and in the master bedroom had “dirt and cat hair” on them, and some were faded. It seems most likely to me the curtains were ready to be replaced so the claim the tenant pay for them is dismissed. Lino
The claim for replacement lino is not allowed either. The ingoing condition report notes that some of the tiles were lifting at the start of the tenancy. It seems most likely to me the lino was also in need of replacement and landlord’s pay for wear and tear. Painting
There is a claim for repainting the flat. The landlord submitted this was needed because of the large amount of mould on the ceilings and around the windows. In reply, the tenant said the house was damp and it was hard to keep on top of the mould. She also said it felt like she was paying for the landlord’s renovation.
This is the landlord’s claim to prove. I was provided with the outgoing inspection report, which has photos. While I can see some mould on ceilings and around the windows it looks like it could have been cleaned off. The claim for panting is dismissed. Other orders
The bond is refunded in full to the landlord.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenants’ names will be published because orders are made against them.
I note the tenant asked at the hearing if she can pay the amount owed by weekly payments. It is up the tenant to contact the landlord to see how this can be arranged.

Tenancy Tribunal case 4736192 — Property damage

At a glance

Tenancy Tribunal case 4736192 — Property damage

At a glance

Award balance

Claims & awards

Dismissed claims

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

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

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

Frequently asked questions