What was the outcome of Tenancy Tribunal case 4887222?

The tribunal order states: Rose Kingi must pay Online Rentals Limited T/A Ray White Hamilton As Agent

How much money was awarded in case 4887222?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,218.57 awarded to landlord; Carpet: $1,100.00 awarded to landlord

What type of tenancy dispute was case 4887222?

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

Where can I read the official tribunal order for case 4887222?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10736576-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4887222?

The tribunal order states: Rose Kingi must pay Online Rentals Limited T/A Ray White Hamilton As Agent

How much money was awarded in case 4887222?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,218.57 awarded to landlord; Carpet: $1,100.00 awarded to landlord

What type of tenancy dispute was case 4887222?

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

Where can I read the official tribunal order for case 4887222?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10736576-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 7 Inverness Avenue, Hamilton East, Hamilton Tenancy Tribunal Case 4887222 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4887222 — net $1,939.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 March 2024	$2,218.57	Rent arrears to 22 March 2024
Repairs: Carpet	$1,100.00	Repairs: Carpet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,939.01
Total payable by Tenant to Landlord	$1,939.01

Rose Kingi must pay Online Rentals Limited T/A Ray White Hamilton As Agent For Dhl New Investment $1,939.01 immediately, calculated as shown in table below.

This order for rent arrears incorporates the Tribunal order made on 5 March 2024 under application 4825659.

The Bond Centre is to pay the bond of $1,400.00 (5278430-011) to Online Rentals Limited T/A Ray White Hamilton As Agent For Dhl New Investment immediately.

Reasons

The landlord attended the hearing but the tenant did not attend.

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?

The tenancy ended on 22 March 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. The rent arrears order incorporates the Mediator’s order dated 5 March 2024 (application 4825659) for rent arrears.

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.

The following damage was caused to the carpet during the tenancy: Carpet in bedroom 2: two burn marks were caused during the tenancy. Carpet in the lounge: one burn mark was caused during the tenancy.

The photographs provided of the condition of the carpet establish that it ahd stains at the start of the tenancy but no mark burns. The burn marks were likely caused by a hair straightener being placed on the carpet while it was hot. In all three areas of damage the carpet has been burnt to the extent that the underlay can be seen. I am satisfied from by the evidence that there is no surplus carpet available to patch the carpet.

The landlord’s insurer has accepted a claim for the damaged carpet on the basis that an excess has been applied for each room. The proven amount of the insurance excess is $500.00 per claim.

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.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

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.

I find that at least two of the burn marks were intentionally caused. The tenant may have carelessly caused one burn mark, but it would be clearly apparent thereafter that placing a hot hair straightener on the carpet was going to cause damage.

The amounts ordered are proved.

The insurance excess awarded takes into account betterment and depreciation.

The landlord also made a claim for damage to the carpet in the other bedroom. However from the before and after photographs presented I fail to see that damage has occurred to the extent that the carpet required replacing. I accept some stains have been caused to the carpet during the tenancy, but find they probably would have been removed with cleaning.

As the landlord has substantially succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4887222 — net $1,939.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 March 2024	$2,218.57	Rent arrears to 22 March 2024
Repairs: Carpet	$1,100.00	Repairs: Carpet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,939.01
Total payable by Tenant to Landlord	$1,939.01

Order

Rose Kingi must pay Online Rentals Limited T/A Ray White Hamilton As Agent For Dhl New Investment $1,939.01 immediately, calculated as shown in table below.
This order for rent arrears incorporates the Tribunal order made on 5 March 2024 under application 4825659.
The Bond Centre is to pay the bond of $1,400.00 (5278430-011) to Online Rentals Limited T/A Ray White Hamilton As Agent For Dhl New Investment immediately.

Reasons

The landlord attended the hearing but the tenant did not attend.
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?

The tenancy ended on 22 March 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. The rent arrears order incorporates the Mediator’s order dated 5 March 2024 (application 4825659) for rent arrears.

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.
The following damage was caused to the carpet during the tenancy: Carpet in bedroom 2: two burn marks were caused during the tenancy. Carpet in the lounge: one burn mark was caused during the tenancy.
The photographs provided of the condition of the carpet establish that it ahd stains at the start of the tenancy but no mark burns. The burn marks were likely caused by a hair straightener being placed on the carpet while it was hot. In all three areas of damage the carpet has been burnt to the extent that the underlay can be seen. I am satisfied from by the evidence that there is no surplus carpet available to patch the carpet.
The landlord’s insurer has accepted a claim for the damaged carpet on the basis that an excess has been applied for each room. The proven amount of the insurance excess is $500.00 per claim.
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.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
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.
I find that at least two of the burn marks were intentionally caused. The tenant may have carelessly caused one burn mark, but it would be clearly apparent thereafter that placing a hot hair straightener on the carpet was going to cause damage.
The amounts ordered are proved.
The insurance excess awarded takes into account betterment and depreciation.
The landlord also made a claim for damage to the carpet in the other bedroom. However from the before and after photographs presented I fail to see that damage has occurred to the extent that the carpet required replacing. I accept some stains have been caused to the carpet during the tenancy, but find they probably would have been removed with cleaning.
As the landlord has substantially succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4887222 — Rent arrears at Unit/Flat 2, 7 Inverness Avenue, Hamilton East, Hamilton

At a glance

Tenancy Tribunal case 4887222 — Rent arrears at Unit/Flat 2, 7 Inverness Avenue, Hamilton East, Hamilton

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions