What was Tenancy Tribunal case 4917014 about?

The tribunal order states: [The tenant/s] to pay [The landlord/s] $860.00 from the bond, calculated as

How much money was awarded in case 4917014?

Cleaning: $225.00 awarded to landlord; Lawns and Garden Work: $115.00 awarded to landlord; Property Damage: $80.00 awarded to landlord; Property Damage: $40.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Torn Wallpaper In Lounge: $100.00 awarded to landlord

What type of tenancy dispute was case 4917014?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4917014?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10891311-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4917014 about?

The tribunal order states: [The tenant/s] to pay [The landlord/s] $860.00 from the bond, calculated as

How much money was awarded in case 4917014?

Cleaning: $225.00 awarded to landlord; Lawns and Garden Work: $115.00 awarded to landlord; Property Damage: $80.00 awarded to landlord; Property Damage: $40.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Torn Wallpaper In Lounge: $100.00 awarded to landlord

What type of tenancy dispute was case 4917014?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4917014?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10891311-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4917014 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4917014 — net $860.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Clean lounge curtains	$225.00	Clean lounge curtains
Lawns and Garden work: dog pick-up	$115.00	Lawns and Garden work: dog pick-up
Damage to lounge carpet from dog	$80.00	Damage to lounge carpet from dog
Torn wallpaper in lounge	$100.00	Torn wallpaper in lounge
Repairs: Dog damage to skirting and framing in lounge	$300.00	Repairs: Dog damage to skirting and framing in lounge
Damage to sleepout carpet	$40.00	Damage to sleepout carpet
Net award	$860.00
Bond	$1,760.00
Total payable by Tenant to Landlord	$860.00

[The applicant/s] attended the hearing for both tenants together with the landlords’ representative.

The parties disagree about what the tenants should contribute towards repairs and renovation done by the landlords after the seven-year tenancy ended.

Both parties provided notes taken by each of them on 25 January 2017 in a ‘property condition report’ at the start of the tenancy. There are no photographs from this time.

The tenants accept that they kept a dog at the premises without the prior consent of the landlord and that some of the claims relate to the dog.

What is the law on tenant obligations and damage claims?

At the end of a tenancy, tenants must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all landlord chattels. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).

If making a claim for damage, a landlord must prove that any damage happened during this tenancy and is more than fair wear and tear. Fair wear and tear is anything that would happen as a normal and ordinary part of living in the property.

A tenant is liable for any intentional or careless damage. Tenants are liable for the actions of people at the premises with their permission. Sections 40(2)(a), 41 and 49B RTA.

Everything is subject to wear and tear and will need to be replaced in time. If an item has to be replaced earlier because of tenant damage, and is replaced with a newer or better item, then the compensation needs to be adjusted to reflect that. A landlord should not be in a better position after a claim in the Tribunal, then the landlord would have been if the damage had not occurred.

The Tribunal often considers the age and condition of the items at the start of the tenancy and their likely useful lifespan. The Inland Revenue Department (IRD) has published general depreciation rates for residential rental property chattels. 1 This gives a guide to the expected useful life of various items including carpet (8 years), curtains (8 years), fridges and freezers (8 years), domestic vacuum cleaners (3 years), heat pumps (10 years). My decisions on the claims 1 IR265 published October 2023.

After consideration of all evidence, my decisions are:- a. Lawns and garden: the parties agree the tenants will pay $115.00 to pick up after the dog; b. Clean lounge curtains: I award the invoiced amount to clean the lounge curtains to remove blue pen marks and because cleaning is reasonable after a lengthy tenancy. I do not award the cost to replace the cotton curtain linings as consider this damage to be primarily due to sun damage and normal wear over 7 years. c. Damage to lounge carpet: The carpet was worn through in front of the ranchslider and in one patch in the middle of the lounge by the end of the tenancy. The tenant accepts that the patch in front of the ranchslider was made worse by the dog but says the carpet was already worn and sun damaged in this location (the tenant’s photos from 2021 show wear starting). There are no photos from the start of the tenancy and the age of the lounge carpet is not known. My assessment is that the damage caused by the dog is careless, but the carpet was probably over ten years old so had no economic value left and was due for replacement. I award $80.00 to recognise that the dog contributed to the damage (50% of the replacement value of the carpet and underlay in front of the ranchslider). d. Torn wallpaper: Two patches of wallpaper were torn off two walls in the lounge, and there were multiple areas of lifted and peeling wallpaper in two bedrooms. The tenant accepts that her young daughter was responsible for the two patches in the lounge but says the wallpaper was already peeling in the bedrooms at the start of the tenancy. This is confirmed on the tenant’s notes taken at the start of the tenancy (property condition report) which also records a yellow mark on the wallpaper in the lounge (next to the ranchslider). The landlord claims half of the cost to wallpaper and paint the entire house which is $2,049.00. I find that the torn wallpaper in the lounge is careless damage but the damage in the bedrooms is wear and tear. The damage in the lounge (including the pre-existing yellow stain) could have been repaired (the tenant says the landlord told her she had spare wallpaper). I award $100.00 to recognise the two patches in the lounge. e. Dog damage to skirting and framing in lounge: The photos show and the tenant accepts the dog scratched or chewed 3 patches along the framing of the lounge ranchslider and one section of skirting. The landlord claims $500.83 for repairs on a builder’s invoice. The tenant supplied an alternative quote for $184.00 which was based on photos of the damage and says the builder’s invoice is not itemised and is too expensive. A landlord does not have to consult with a tenant before getting work done however in the absence of detail on the invoice of the work done, I agree that $500.83 is overpriced. I award $300.00. f. Damage to carpet in sleepout: Photos show a patch worn through and what appears to be sun damage by the door, and a greenish stain. The wear through to underlay and the stain are more than wear and tear and the tenant has not proven this damage is not careless. However, the tenant says the owner told her the sleep out was built in 2010. The landlord’s representative has no information on the age of this carpet. If it was 14 years old by the end of the tenancy, it was at the end of its life and due for replacement. I award $40.00 to recognise that some of the damage was more than wear and tear. g. Small hole in the hallway door: the tenant proved this hole was present at the start of the tenancy, so this claim is dismissed. Filing fee and suppression of name

Both parties have been partially successful so the filing fees will remain as paid.

I suppress both the landlord and tenant names because the landlord was entitled to seek some compensation however the tenant has successfully defended the quantum of compensation claimed. If the landlords’ claims had been more realistic, this matter may well have been resolved by agreement.

The bond is refunded in accordance with the orders.

Reasons

Claims and awards in Tenancy Tribunal application 4917014 — net $860.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Clean lounge curtains	$225.00	Clean lounge curtains
Lawns and Garden work: dog pick-up	$115.00	Lawns and Garden work: dog pick-up
Damage to lounge carpet from dog	$80.00	Damage to lounge carpet from dog
Torn wallpaper in lounge	$100.00	Torn wallpaper in lounge
Repairs: Dog damage to skirting and framing in lounge	$300.00	Repairs: Dog damage to skirting and framing in lounge
Damage to sleepout carpet	$40.00	Damage to sleepout carpet
Net award	$860.00
Bond	$1,760.00
Total payable by Tenant to Landlord	$860.00

[The applicant/s] attended the hearing for both tenants together with the landlords’ representative.

The parties disagree about what the tenants should contribute towards repairs and renovation done by the landlords after the seven-year tenancy ended.

Both parties provided notes taken by each of them on 25 January 2017 in a ‘property condition report’ at the start of the tenancy. There are no photographs from this time.

The tenants accept that they kept a dog at the premises without the prior consent of the landlord and that some of the claims relate to the dog.

What is the law on tenant obligations and damage claims?

A tenant is liable for any intentional or careless damage. Tenants are liable for the actions of people at the premises with their permission. Sections 40(2)(a), 41 and 49B RTA.

Both parties have been partially successful so the filing fees will remain as paid.

The bond is refunded in accordance with the orders.

Tenancy Tribunal case 4917014 — Property damage

At a glance

Tenancy Tribunal case 4917014 — Property damage

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

What is the law on tenant obligations and damage claims?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

What is the law on tenant obligations and damage claims?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions