What was Tenancy Tribunal case 4865121 about?

The tribunal order states: Jimi Stone and Peter Daneil Stone must pay [The landlord/s] $1,925.12

How much money was awarded in case 4865121?

Filing Fee: $20.44 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $740.00 awarded to landlord; Carpet: $790.00 awarded to landlord; Kitchen Vinyl: $492.30 awarded to landlord; Replace Furnishings: Chair, Mattress: $205.60 awarded to landlord; Toilet Remove And Replace: $396.78 awarded to landlord

What type of tenancy dispute was case 4865121?

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

Where can I read the official tribunal order for case 4865121?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10637841-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4865121 about?

The tribunal order states: Jimi Stone and Peter Daneil Stone must pay [The landlord/s] $1,925.12

How much money was awarded in case 4865121?

Filing Fee: $20.44 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $740.00 awarded to landlord; Carpet: $790.00 awarded to landlord; Kitchen Vinyl: $492.30 awarded to landlord; Replace Furnishings: Chair, Mattress: $205.60 awarded to landlord; Toilet Remove And Replace: $396.78 awarded to landlord

What type of tenancy dispute was case 4865121?

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

Where can I read the official tribunal order for case 4865121?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10637841-Tribunal_Order_Redacted.pdf.

Room C, Unit/Flat 3, 5 Ford Street, Hamilton East, Hamilton Tenancy Tribunal Case 4865121 — Property damage

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Room C, Unit/Flat 3, 5 Ford Street, Hamilton East, Hamilton Tenancy Tribunal Case 4865121 — 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 4865121 — net $1,925.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$740.00	Rent arrears
Lock/key replacement	$200.00	Lock/key replacement
toilet remove and replace	$396.78	toilet remove and replace
Replace furnishings: Chair, Mattress	$205.60	Replace furnishings: Chair, Mattress
Repairs: Carpet	$790.00	Repairs: Carpet
Repairs: Vinyl	$492.30	Repairs: Vinyl
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,925.12
Total payable by Tenant to Landlord	$1,925.12

Claims and awards for application 4865121 — net $1,925.12 NZD. Verify on MoJ.

Rent arrears

Amount: $740.00
Awarded to: Landlord
Reason: Rent arrears

Lock/key replacement

Amount: $200.00
Awarded to: Landlord
Reason: Lock/key replacement

toilet remove and replace

Amount: $396.78
Awarded to: Landlord
Reason: toilet remove and replace

Replace furnishings: Chair, Mattress

Amount: $205.60
Awarded to: Landlord
Reason: Replace furnishings: Chair, Mattress

Repairs: Carpet

Amount: $790.00
Awarded to: Landlord
Reason: Repairs: Carpet

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Jimi Stone and Peter Daneil Stone must pay [The landlord/s] $1,925.12 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $920.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing by telephone. The guarantor was available however due to technical difficulties was unable to attend the hearing.
The premises are a single room with ensuite and kitchenette. The tenant had access to common areas, and this included a full kitchen. There were only 5 rooms and 5 residents.
The landlord confirmed that this was not a boarding house.
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 16 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant did not dispute the amount claimed or that he owed rent.

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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The amounts ordered are proved.

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 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 following damage was caused during the tenancy: 1) The carpet was stained with a red mark in the centre of the room. The landlords said that even after professional cleaning it could not be removed. Photographs were provided. The landlord sought replacement of the carpet. The tenant agreed that he spilt a drink. I find that this was careless damage and tenant is liable for the replacement. 2) The vinyl was marked in the bathroom and after cleaning the marks were still there. The landlord sought replacement of the vinyl. The tenant said that he did not know about those marks. Photographs were provided of the marked floor, after cleaning. This claim included plumbing costs to remove and reinstall the toilet. I find that this was careless damage. 3) A chair and mattress provided were damaged. The tenant did not dispute this.
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 carpet has approximately and an 8-year life and vinyl 12 years. The landlords said that the premises were under 4 years old, so depreciation was calculated at 3.5 years.
Depreciation on the mattress and chair is also calculated on this basis.
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.
On 21 August 2023 the guarantor provided a guarantee to the landlord, which undertook that the guarantor would be liable for any breach of the tenant's obligations.
The guarantor’s agreement recorded that “the signatories of this document agreed to assume the position of guarantor for Jimmy Stone for the rental of room see of 3/ 5 Ford St, Hamilton.”
The guarantee further states that “The guarantor agreed to be jointly and severely liable and responsible to the terms and conditions of the tenancy agreement as far as rents, damages, and any costs incurred to the property by the tenants is concerned. They also accept responsibility for any unpaid costs at the end of the tenancy should the tenants for any reason not fulfil their obligations under the agreement.”
The Tribunal has ordered the tenant to pay $1,925.12 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee.
I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka) Residential Tenancies Act 1986.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse 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 4865121 — net $1,925.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$740.00	Rent arrears
Lock/key replacement	$200.00	Lock/key replacement
toilet remove and replace	$396.78	toilet remove and replace
Replace furnishings: Chair, Mattress	$205.60	Replace furnishings: Chair, Mattress
Repairs: Carpet	$790.00	Repairs: Carpet
Repairs: Vinyl	$492.30	Repairs: Vinyl
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,925.12
Total payable by Tenant to Landlord	$1,925.12

Claims and awards for application 4865121 — net $1,925.12 NZD. Verify on MoJ.

Rent arrears

Amount: $740.00
Awarded to: Landlord
Reason: Rent arrears

Lock/key replacement

Amount: $200.00
Awarded to: Landlord
Reason: Lock/key replacement

toilet remove and replace

Amount: $396.78
Awarded to: Landlord
Reason: toilet remove and replace

Replace furnishings: Chair, Mattress

Amount: $205.60
Awarded to: Landlord
Reason: Replace furnishings: Chair, Mattress

Repairs: Carpet

Amount: $790.00
Awarded to: Landlord
Reason: Repairs: Carpet

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Jimi Stone and Peter Daneil Stone must pay [The landlord/s] $1,925.12 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $920.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing by telephone. The guarantor was available however due to technical difficulties was unable to attend the hearing.
The premises are a single room with ensuite and kitchenette. The tenant had access to common areas, and this included a full kitchen. There were only 5 rooms and 5 residents.
The landlord confirmed that this was not a boarding house.
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 16 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant did not dispute the amount claimed or that he owed rent.

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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The amounts ordered are proved.

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 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 following damage was caused during the tenancy: 1) The carpet was stained with a red mark in the centre of the room. The landlords said that even after professional cleaning it could not be removed. Photographs were provided. The landlord sought replacement of the carpet. The tenant agreed that he spilt a drink. I find that this was careless damage and tenant is liable for the replacement. 2) The vinyl was marked in the bathroom and after cleaning the marks were still there. The landlord sought replacement of the vinyl. The tenant said that he did not know about those marks. Photographs were provided of the marked floor, after cleaning. This claim included plumbing costs to remove and reinstall the toilet. I find that this was careless damage. 3) A chair and mattress provided were damaged. The tenant did not dispute this.
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 carpet has approximately and an 8-year life and vinyl 12 years. The landlords said that the premises were under 4 years old, so depreciation was calculated at 3.5 years.
Depreciation on the mattress and chair is also calculated on this basis.
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.
On 21 August 2023 the guarantor provided a guarantee to the landlord, which undertook that the guarantor would be liable for any breach of the tenant's obligations.
The guarantor’s agreement recorded that “the signatories of this document agreed to assume the position of guarantor for Jimmy Stone for the rental of room see of 3/ 5 Ford St, Hamilton.”
The guarantee further states that “The guarantor agreed to be jointly and severely liable and responsible to the terms and conditions of the tenancy agreement as far as rents, damages, and any costs incurred to the property by the tenants is concerned. They also accept responsibility for any unpaid costs at the end of the tenancy should the tenants for any reason not fulfil their obligations under the agreement.”
The Tribunal has ordered the tenant to pay $1,925.12 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee.
I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka) Residential Tenancies Act 1986.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4865121 — Property damage at Room C, Unit/Flat 3, 5 Ford Street, Hamilton East, Hamilton

At a glance

Tenancy Tribunal case 4865121 — Property damage at Room C, Unit/Flat 3, 5 Ford Street, Hamilton East, Hamilton

At a glance

Award balance

Claims & awards

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

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