What was Tenancy Tribunal case 4824980 about?

The tribunal order states: [The tenant/s] to pay [The landlord/s] $345.00 from the bond, calculated as

How much money was awarded in case 4824980?

Paint: $345.00 awarded to landlord

What type of tenancy dispute was case 4824980?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4824980?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10737000-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4824980 about?

The tribunal order states: [The tenant/s] to pay [The landlord/s] $345.00 from the bond, calculated as

How much money was awarded in case 4824980?

Paint: $345.00 awarded to landlord

What type of tenancy dispute was case 4824980?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4824980?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10737000-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4824980 — Property damage

Claims and awards in Tenancy Tribunal application 4824980 — net $345.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Paint	$345.00	Repairs: Paint
Net award	$345.00
Bond	$2,430.00
Total payable by Tenant to Landlord	$345.00

Order

[The tenant/s] to pay [The landlord/s] $345.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,430.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $345.00 [The tenant/s]: $2,085.00

Reasons

Both parties attended the hearing.
The tenants have applied for refund of their bond.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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 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.
The landlord claims the following damage was caused during the tenancy: Stains to carpet (a)The landlord gave evidence that the property was brand new at the beginning of the tenancy and that there were stains on the carpet at the end of the tenancy. He provided photographs which showed faint marks and said these looked more obvious when entering the room. However, he could state which rooms the photographs were taken in. The landlord provided a quote for $437.00 for stain removal but stated that this work had not yet been done as they were waiting for the Tribunal. (b)The tenants responded by saying the landlord did not do a final inspection with them and then messaged after they left to inform them about the stains. In the email to the tenants the landlord requests $200 plus GST for the stain removal. (c)The tenants provided a copy of email correspondence where they requested the location of the stains but were not give this information. The tenants claimed they left the premises reasonably clean and tidy and provided photographs they took at the end of the tenancy which supported this. (d)Having considered the evidence I am not satisfied that the landlord has proved on the balance of probabilities that the damage is beyond fair wear and tear. Damage to paintwork (a) The landlord stated that the paintwork was new at the beginning of the tenancy and claimed $3450.00 for damage to paintwork at the end of the tenancy. The landlord provided photographs showing marks on the walls throughout the premises including the garage, some were light scuff or scrape marks and some marks were more obvious. The landlord provided two quotes for painting and stated that the work has not yet been done and the premises have been re-tenanted as they were. (b) The tenants claim that the damage to paintwork is fair wear and tear and provided photographs they took at the end of the tenancy. (c) Having considered the evidence I find that the marks to the paintwork were largely fair wear and tear, however, there were a few marks in particular the ones higher up that on the balance of probabilities I find to be carelessly caused. I have considered the photographs, the fact that the work has not yet been done and the evidence of wear and tear marks particularly in the garage where it is expected there will be more wear and tear. In view of these factors, I must take a cautious approach to ordering compensation and order the tenant to pay 10 percent of the lower quoted amount being $345.00. Filing fee/Suppression
Because both parties have had some success with their claims I will not order either party to reimburse the other’s filing fee and will suppress both parties’ details in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 4824980 — net $345.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Paint	$345.00	Repairs: Paint
Net award	$345.00
Bond	$2,430.00
Total payable by Tenant to Landlord	$345.00

Order

[The tenant/s] to pay [The landlord/s] $345.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,430.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $345.00 [The tenant/s]: $2,085.00

Reasons

Both parties attended the hearing.
The tenants have applied for refund of their bond.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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 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.
The landlord claims the following damage was caused during the tenancy: Stains to carpet (a)The landlord gave evidence that the property was brand new at the beginning of the tenancy and that there were stains on the carpet at the end of the tenancy. He provided photographs which showed faint marks and said these looked more obvious when entering the room. However, he could state which rooms the photographs were taken in. The landlord provided a quote for $437.00 for stain removal but stated that this work had not yet been done as they were waiting for the Tribunal. (b)The tenants responded by saying the landlord did not do a final inspection with them and then messaged after they left to inform them about the stains. In the email to the tenants the landlord requests $200 plus GST for the stain removal. (c)The tenants provided a copy of email correspondence where they requested the location of the stains but were not give this information. The tenants claimed they left the premises reasonably clean and tidy and provided photographs they took at the end of the tenancy which supported this. (d)Having considered the evidence I am not satisfied that the landlord has proved on the balance of probabilities that the damage is beyond fair wear and tear. Damage to paintwork (a) The landlord stated that the paintwork was new at the beginning of the tenancy and claimed $3450.00 for damage to paintwork at the end of the tenancy. The landlord provided photographs showing marks on the walls throughout the premises including the garage, some were light scuff or scrape marks and some marks were more obvious. The landlord provided two quotes for painting and stated that the work has not yet been done and the premises have been re-tenanted as they were. (b) The tenants claim that the damage to paintwork is fair wear and tear and provided photographs they took at the end of the tenancy. (c) Having considered the evidence I find that the marks to the paintwork were largely fair wear and tear, however, there were a few marks in particular the ones higher up that on the balance of probabilities I find to be carelessly caused. I have considered the photographs, the fact that the work has not yet been done and the evidence of wear and tear marks particularly in the garage where it is expected there will be more wear and tear. In view of these factors, I must take a cautious approach to ordering compensation and order the tenant to pay 10 percent of the lower quoted amount being $345.00. Filing fee/Suppression
Because both parties have had some success with their claims I will not order either party to reimburse the other’s filing fee and will suppress both parties’ details in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.

Tenancy Tribunal case 4824980 — Property damage

At a glance

Tenancy Tribunal case 4824980 — Property damage

At a glance

Award balance

Claims & awards

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

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions