What was the outcome of Tenancy Tribunal case 4885340?

The tribunal order states: Martina Eileen MacDonald must pay M & A Young Limited $2,332.44

How much money was awarded in case 4885340?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,400.00 awarded to landlord; Rent Arrears: $475.00 awarded to landlord; Replace Carpet And Instal In Lounge,…: $1,532.00 awarded to landlord

What type of tenancy dispute was case 4885340?

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

Where can I read the official tribunal order for case 4885340?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10598221-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4885340?

The tribunal order states: Martina Eileen MacDonald must pay M & A Young Limited $2,332.44

How much money was awarded in case 4885340?

Filing Fee: $20.44 awarded to landlord; Property Damage: $1,400.00 awarded to landlord; Rent Arrears: $475.00 awarded to landlord; Replace Carpet And Instal In Lounge,…: $1,532.00 awarded to landlord

What type of tenancy dispute was case 4885340?

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

Where can I read the official tribunal order for case 4885340?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10598221-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 12 Draper Street, Richmond, Christchurch 8013 Tenancy Tribunal Case 4885340 — Property damage

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Unit/Flat 1, 12 Draper Street, Richmond, Christchurch 8013 Tenancy Tribunal Case 4885340 — 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 4885340 — net $2,332.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 January 2024 (consent	$475.00	Rent arrears to 27 January 2024 (consent
Repairs to damaged walls	$1,400.00	Repairs to damaged walls
Replace carpet and instal in lounge, bedroom 2, and hall	$1,532.00	Replace carpet and instal in lounge, bedroom 2, and hall
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,332.44
Total payable by Tenant to Landlord	$2,332.44

Claims and awards for application 4885340 — net $2,332.44 NZD. Verify on MoJ.

Rent arrears to 27 January 2024 (consent

Amount: $475.00
Awarded to: Landlord
Reason: Rent arrears to 27 January 2024 (consent

Repairs to damaged walls

Amount: $1,400.00
Awarded to: Landlord
Reason: Repairs to damaged walls

Replace carpet and instal in lounge, bedroom 2, and hall

Amount: $1,532.00
Awarded to: Landlord
Reason: Replace carpet and instal in lounge, bedroom 2, and hall

Filing fee reimbursement

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

Net award

Landlord $2,332.44

Total payable by Tenant to Landlord

Landlord $2,332.44

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Martina Eileen MacDonald must pay M & A Young Limited $2,332.44 immediately, calculated as shown in table below: 2.
The Bond Centre is to pay the bond of $1,095.00 (3368576-021) to M & A Young Limited immediately.
The tenant’s application for name suppression is declined.

Reasons

Both parties attended the hearing. Mr and Mrs Young appeared for the landlord.
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 27 January 2024. The landlord provided rent records which prove the amount of rent owing at the end of the tenancy. The tenant accepted the landlord’s rent claims.

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 of the Residential Tenancies Act 1986 (RTA).
The following damage was caused during the tenancy. The carpets in the lounge, hall and bedroom 2 were so badly stained they had to be replaced. The carpets were new at the start of the tenancy.
There was significant damage to walls throughout the premises and to doors. The landlord has limited the claim for damage to the walls, part of the repair cost of $8,395.00. The landlord has not claimed for any other damage or for Mr Young’s time (2 weeks) spent on repair work.
The tenant accepted that she had caused damage which she suggested was in part fair wear and tear. The Tribunal does not accept that.
The photos produced in evidence prove the landlord’s (modest) claims. The damage was at least careless damage for which the tenant is liable.
I have not applied any depreciation to the landlord’s claims given that only a portion of the costs have been claimed together with the fact that the premises were newly decorated at the start of the tenancy.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee. Name suppression
The landlord did not seek name suppression. The tenant sought a name suppression order. I make no order as the tenant’s defence to the application is unsuccessful – see section 95A RTA.

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 4885340 — net $2,332.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 January 2024 (consent	$475.00	Rent arrears to 27 January 2024 (consent
Repairs to damaged walls	$1,400.00	Repairs to damaged walls
Replace carpet and instal in lounge, bedroom 2, and hall	$1,532.00	Replace carpet and instal in lounge, bedroom 2, and hall
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,332.44
Total payable by Tenant to Landlord	$2,332.44

Claims and awards for application 4885340 — net $2,332.44 NZD. Verify on MoJ.

Rent arrears to 27 January 2024 (consent

Amount: $475.00
Awarded to: Landlord
Reason: Rent arrears to 27 January 2024 (consent

Repairs to damaged walls

Amount: $1,400.00
Awarded to: Landlord
Reason: Repairs to damaged walls

Replace carpet and instal in lounge, bedroom 2, and hall

Amount: $1,532.00
Awarded to: Landlord
Reason: Replace carpet and instal in lounge, bedroom 2, and hall

Filing fee reimbursement

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

Net award

Landlord $2,332.44

Total payable by Tenant to Landlord

Landlord $2,332.44

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Martina Eileen MacDonald must pay M & A Young Limited $2,332.44 immediately, calculated as shown in table below: 2.
The Bond Centre is to pay the bond of $1,095.00 (3368576-021) to M & A Young Limited immediately.
The tenant’s application for name suppression is declined.

Reasons

Both parties attended the hearing. Mr and Mrs Young appeared for the landlord.
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 27 January 2024. The landlord provided rent records which prove the amount of rent owing at the end of the tenancy. The tenant accepted the landlord’s rent claims.

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 of the Residential Tenancies Act 1986 (RTA).
The following damage was caused during the tenancy. The carpets in the lounge, hall and bedroom 2 were so badly stained they had to be replaced. The carpets were new at the start of the tenancy.
There was significant damage to walls throughout the premises and to doors. The landlord has limited the claim for damage to the walls, part of the repair cost of $8,395.00. The landlord has not claimed for any other damage or for Mr Young’s time (2 weeks) spent on repair work.
The tenant accepted that she had caused damage which she suggested was in part fair wear and tear. The Tribunal does not accept that.
The photos produced in evidence prove the landlord’s (modest) claims. The damage was at least careless damage for which the tenant is liable.
I have not applied any depreciation to the landlord’s claims given that only a portion of the costs have been claimed together with the fact that the premises were newly decorated at the start of the tenancy.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee. Name suppression
The landlord did not seek name suppression. The tenant sought a name suppression order. I make no order as the tenant’s defence to the application is unsuccessful – see section 95A RTA.

Tenancy Tribunal case 4885340 — Property damage at Unit/Flat 1, 12 Draper Street, Richmond, Christchurch 8013

At a glance

Tenancy Tribunal case 4885340 — Property damage at Unit/Flat 1, 12 Draper Street, Richmond, Christchurch 8013

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions