What was Tenancy Tribunal case 4907705 about?

The tribunal order states: Pheonix Kereopa must pay [The landlord/s] $496.10 immediately, calculated as

How much money was awarded in case 4907705?

Filing Fee: $20.44 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $1,794.00 awarded to landlord; Rent Credit: $252.86 awarded to tenant; Rubbish Removal: $893.55 awarded to landlord; Water Rates: $55.97 awarded to landlord

What type of tenancy dispute was case 4907705?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4907705?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10886774-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4907705 about?

The tribunal order states: Pheonix Kereopa must pay [The landlord/s] $496.10 immediately, calculated as

How much money was awarded in case 4907705?

Filing Fee: $20.44 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $1,794.00 awarded to landlord; Rent Credit: $252.86 awarded to tenant; Rubbish Removal: $893.55 awarded to landlord; Water Rates: $55.97 awarded to landlord

What type of tenancy dispute was case 4907705?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4907705?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10886774-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4907705 — Property damage

Claims and awards in Tenancy Tribunal application 4907705 — net $496.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$55.97		Water rates
Rubbish removal, lawns & gardening	$893.55		Rubbish removal, lawns & gardening
Repairs to walls	$345.00		Repairs to walls
Carpet replacement	$1,794.00		Carpet replacement
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent credit		$252.86	Rent credit
Total award	$3,108.96	$252.86
Net award	$496.10
Total payable by Tenant to Landlord	$496.10

Order

Pheonix Kereopa must pay [The landlord/s] $496.10 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,360.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlord, represented by [The landlord’s representative], attended the hearing. The tenant was notified but did not appear. After the hearing, the landlord provided additional evidence concerning the landlord’s insurance.
This tenancy began on 14 May 2022 and ended on 9 April 2024, after the tenant gave notice to end the tenancy.
The landlord has applied for water rates, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing at the end of the tenancy. The landlord explained that there was a water leak just prior to the tenancy ending, so the amount payable has been adjusted to take this into account.
The landlord also advised that there was a rent credit of $252.86, as noted in the tenant ledger produced at the hearing. This is recorded in the table above.

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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims rubbish removal and lawn mowing/gardening costs. The landlord has produced photographic and documentary evidence. This includes an invoice, and inspection reports with photographs showing the condition of the premises at the end of the tenancy, and prior to the tenancy commencing. The landlord’s evidence establishes that the tenant did not remove all rubbish, and left furniture and belongings behind. The lawns needed to be mowed and some gardening work was required. The invoice covers the rubbish removal, lawn mowing and gardening costs.
The amounts ordered are proved. General principles regarding responsibility for damage
The landlord claims compensation for damage to the walls and carpet. To be successful, 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 RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B of the RTA applies. 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) of the 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) of the 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) of the RTA.
In this case the landlord has advised that the insurance excess is $750.00. The rent for the premises is $590.00 per week.
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) of the 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. Wall damage
From the photographic, oral, and documentary evidence produced by the landlord, I am satisfied that the wall damage was caused during the tenancy. There are holes in one of the bedrooms and the laundry. The landlord’s initial inspection report shows that the walls in these areas were in a reasonable condition at the start of the tenancy. The damage to the walls is more than fair wear and tear, and the tenant has not disproved liability for the damage. The repair cost is $345.00, as shown in the invoice, which is awarded. Carpet
The landlord’s evidence is that the tenant kept a dog at the premises, in breach of her tenancy agreement. There were extensive stains, odour from dog urine, and damage from the dog chewing the carpet. The stains could not be removed with professional cleaning, and the carpet could not be adequately repaired. So, the carpet in all rooms had to be replaced, due to the extent of the damage. Photographs and an invoice have been produced.
The total cost of replacing the carpet is $2,990.00, based on an invoice from [renovation services] for completion of this work. The landlord states the carpet was four years old at the end of the tenancy. The landlord has also advised that damage to the carpet was not covered under the landlord’s insurance policy.
From the photographic, oral, and documentary evidence produced by the landlord, I am satisfied that the carpet damage was caused during the tenancy. This damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
When determining the quantum of the landlord’s compensation, betterment and depreciation must be taken into account. The landlord should be returned to the position they would have been in had the damage not occurred, and should not be better or worse off. In calculating depreciation, the age and condition of the item at the start of the tenancy and its likely useful lifespan must be factored in.
The landlord seeks compensation for replacement of the carpet throughout the house. Having considered the landlord’s evidence, I find that, due to the extent of the damage, it was reasonable for the landlord to replace the carpet, rather than repairing and/or getting it professionally cleaned. As the landlord’s insurance policy does not include the carpet, the tenant will be liable for the replacement cost of the carpet after reduction for depreciation, up to a limit equivalent to four weeks’ rent.
The estimated useful lifespan of carpet under current depreciation guidelines is 8 to 10 years. As the carpet was four years old, the amount awarded is reduced, and the landlord is awarded the depreciated amount of $1,794.00, which is approximately 60% of the replacement cost. Filing fee and name suppression
Because the landlord has been successful, the tenant is to pay the landlord’s filing fee. The landlord’s request for name suppression is granted on the same basis.

Claims and awards in Tenancy Tribunal application 4907705 — net $496.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$55.97		Water rates
Rubbish removal, lawns & gardening	$893.55		Rubbish removal, lawns & gardening
Repairs to walls	$345.00		Repairs to walls
Carpet replacement	$1,794.00		Carpet replacement
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent credit		$252.86	Rent credit
Total award	$3,108.96	$252.86
Net award	$496.10
Total payable by Tenant to Landlord	$496.10

Order

Pheonix Kereopa must pay [The landlord/s] $496.10 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,360.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlord, represented by [The landlord’s representative], attended the hearing. The tenant was notified but did not appear. After the hearing, the landlord provided additional evidence concerning the landlord’s insurance.
This tenancy began on 14 May 2022 and ended on 9 April 2024, after the tenant gave notice to end the tenancy.
The landlord has applied for water rates, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing at the end of the tenancy. The landlord explained that there was a water leak just prior to the tenancy ending, so the amount payable has been adjusted to take this into account.
The landlord also advised that there was a rent credit of $252.86, as noted in the tenant ledger produced at the hearing. This is recorded in the table above.

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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims rubbish removal and lawn mowing/gardening costs. The landlord has produced photographic and documentary evidence. This includes an invoice, and inspection reports with photographs showing the condition of the premises at the end of the tenancy, and prior to the tenancy commencing. The landlord’s evidence establishes that the tenant did not remove all rubbish, and left furniture and belongings behind. The lawns needed to be mowed and some gardening work was required. The invoice covers the rubbish removal, lawn mowing and gardening costs.
The amounts ordered are proved. General principles regarding responsibility for damage
The landlord claims compensation for damage to the walls and carpet. To be successful, 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 RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B of the RTA applies. 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) of the 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) of the 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) of the RTA.
In this case the landlord has advised that the insurance excess is $750.00. The rent for the premises is $590.00 per week.
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) of the 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. Wall damage
From the photographic, oral, and documentary evidence produced by the landlord, I am satisfied that the wall damage was caused during the tenancy. There are holes in one of the bedrooms and the laundry. The landlord’s initial inspection report shows that the walls in these areas were in a reasonable condition at the start of the tenancy. The damage to the walls is more than fair wear and tear, and the tenant has not disproved liability for the damage. The repair cost is $345.00, as shown in the invoice, which is awarded. Carpet
The landlord’s evidence is that the tenant kept a dog at the premises, in breach of her tenancy agreement. There were extensive stains, odour from dog urine, and damage from the dog chewing the carpet. The stains could not be removed with professional cleaning, and the carpet could not be adequately repaired. So, the carpet in all rooms had to be replaced, due to the extent of the damage. Photographs and an invoice have been produced.
The total cost of replacing the carpet is $2,990.00, based on an invoice from [renovation services] for completion of this work. The landlord states the carpet was four years old at the end of the tenancy. The landlord has also advised that damage to the carpet was not covered under the landlord’s insurance policy.
From the photographic, oral, and documentary evidence produced by the landlord, I am satisfied that the carpet damage was caused during the tenancy. This damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
When determining the quantum of the landlord’s compensation, betterment and depreciation must be taken into account. The landlord should be returned to the position they would have been in had the damage not occurred, and should not be better or worse off. In calculating depreciation, the age and condition of the item at the start of the tenancy and its likely useful lifespan must be factored in.
The landlord seeks compensation for replacement of the carpet throughout the house. Having considered the landlord’s evidence, I find that, due to the extent of the damage, it was reasonable for the landlord to replace the carpet, rather than repairing and/or getting it professionally cleaned. As the landlord’s insurance policy does not include the carpet, the tenant will be liable for the replacement cost of the carpet after reduction for depreciation, up to a limit equivalent to four weeks’ rent.
The estimated useful lifespan of carpet under current depreciation guidelines is 8 to 10 years. As the carpet was four years old, the amount awarded is reduced, and the landlord is awarded the depreciated amount of $1,794.00, which is approximately 60% of the replacement cost. Filing fee and name suppression
Because the landlord has been successful, the tenant is to pay the landlord’s filing fee. The landlord’s request for name suppression is granted on the same basis.

Tenancy Tribunal case 4907705 — Property damage

At a glance

Tenancy Tribunal case 4907705 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions