Published tribunal order
Tenancy Tribunal case 4883981 — Tenancy dispute
Decided 24 Jul 2024 · Published 24 Jul 2024 · Application 4883981
- Property damage
Party names are redacted in the official published order.
Order
- Colin Cashmore must pay [The landlord/s] $1,399.95 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenant. This matter was originally heard in March 2024. I am satisfied adequate service of the hearing notice has been completed. The tenant ought to be aware of the proceedings. I considered it reasonable to proceed with the hearing in the tenant’s absence.
- The landlord has applied for compensation for a 2-seater couch and double bed ($1,745.15) and reimbursement of the filing fee following the end of the tenancy. Tenant’s responsibilities 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, and leave all chattels provided for their benefit. See section 40(1)(e) Residential Tenancies Act 1986 (“RTA”).
- For damage claims, the 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.
- On the evidence produced, the landlord has proven the compensation claim for the replacement of the double bed and 2-seater couch.
- The Tribunal must take 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.
- The useful lifespan for furniture is 10 years. The landlord provided proof of purchase of the existing couch and the double bed in 2021. As the couch and bed had reached 20% of its estimated life, the tenant is liable for the remaining 80%, being $1,396.12.
- As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.