What was the outcome of Tenancy Tribunal case 4930474?

The tribunal order states: Fiona Bakulich must pay Aspire Property Management Limited As Agent For

How much money was awarded in case 4930474?

Property Damage: $5,500.00 awarded to landlord; Property Damage: $435.16 awarded to landlord; Property Damage: $1,430.00 awarded to landlord

What type of tenancy dispute was case 4930474?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4930474?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11314681-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4930474?

The tribunal order states: Fiona Bakulich must pay Aspire Property Management Limited As Agent For

How much money was awarded in case 4930474?

Property Damage: $5,500.00 awarded to landlord; Property Damage: $435.16 awarded to landlord; Property Damage: $1,430.00 awarded to landlord

What type of tenancy dispute was case 4930474?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4930474?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11314681-Tribunal_Order.pdf.

37A Cleek Road, Mangere East, Auckland 2024 Tenancy Tribunal Case 4930474 — Property damage

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37A Cleek Road, Mangere East, Auckland 2024 Tenancy Tribunal Case 4930474 — 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 4930474 — net $7,365.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess x 5 for damage	$5,500.00	Insurance excess x 5 for damage
Lock/key replacement	$435.16	Lock/key replacement
Replacement carpet - depreciated	$1,430.00	Replacement carpet - depreciated
Net award	$7,365.16
Total payable by Tenant to Landlord	$7,365.16

Claims and awards for application 4930474 — net $7,365.16 NZD. Verify on MoJ.

Insurance excess x 5 for damage

Amount: $5,500.00
Awarded to: Landlord
Reason: Insurance excess x 5 for damage

Lock/key replacement

Amount: $435.16
Awarded to: Landlord
Reason: Lock/key replacement

Replacement carpet - depreciated

Amount: $1,430.00
Awarded to: Landlord
Reason: Replacement carpet - depreciated

Net award

Landlord $7,365.16

Total payable by Tenant to Landlord

Landlord $7,365.16

Claim types — money lines allowed on this order

Property damage

Order

Fiona Bakulich must pay Aspire Property Management Limited As Agent For Teddy Setiawan - 5 Pillar Trustee Limited $7,365.16 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing, held to finish the landlord’s compensation claim.

Is the tenant responsible for the damage to the premises?

The landlord has claimed the cost of replacement carpet and repairs. The landlord must prove that the 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 Residential Tenancies Act 1986 (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.
The landlord provided me with photos, invoices, and ingoing and outgoing inspection reports. I find the damage was caused during the tenancy.
The tenant said the damage to the carpets, the lino and the walls was caused by her dogs. It seems most likely to me the tenant allowed the dogs to damage the house many times, which means the damage was intentional damage.
The landlord had to replace the carpet and the lino because of stains, dog urine, dog scratches, and dirt. There was also an odour. I accept replacing the flooring was reasonable given the extent of the damage. I do have to take betterment and depreciation into account. The landlord should be returned to the position they would have been in had the tenant not breached her obligations and should not be better or worse off.
In calculating depreciation, I have taken into account the age and condition of the carpet at the start of the tenancy and the likely useful lifespan - 8 years in the IR265 table. The landlord said that the carpet was probably five years old. I find the tenant should pay 20% of the cost of the new carpet.
The insurer agreed to pay for the other repairs in five rooms and the landlord only claiming the insurance excess. This claim is proved and allowed.

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 4930474 — net $7,365.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess x 5 for damage	$5,500.00	Insurance excess x 5 for damage
Lock/key replacement	$435.16	Lock/key replacement
Replacement carpet - depreciated	$1,430.00	Replacement carpet - depreciated
Net award	$7,365.16
Total payable by Tenant to Landlord	$7,365.16

Claims and awards for application 4930474 — net $7,365.16 NZD. Verify on MoJ.

Insurance excess x 5 for damage

Amount: $5,500.00
Awarded to: Landlord
Reason: Insurance excess x 5 for damage

Lock/key replacement

Amount: $435.16
Awarded to: Landlord
Reason: Lock/key replacement

Replacement carpet - depreciated

Amount: $1,430.00
Awarded to: Landlord
Reason: Replacement carpet - depreciated

Net award

Landlord $7,365.16

Total payable by Tenant to Landlord

Landlord $7,365.16

Claim types — money lines allowed on this order

Property damage

Order

Fiona Bakulich must pay Aspire Property Management Limited As Agent For Teddy Setiawan - 5 Pillar Trustee Limited $7,365.16 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing, held to finish the landlord’s compensation claim.

Is the tenant responsible for the damage to the premises?

The landlord has claimed the cost of replacement carpet and repairs. The landlord must prove that the 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 Residential Tenancies Act 1986 (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.
The landlord provided me with photos, invoices, and ingoing and outgoing inspection reports. I find the damage was caused during the tenancy.
The tenant said the damage to the carpets, the lino and the walls was caused by her dogs. It seems most likely to me the tenant allowed the dogs to damage the house many times, which means the damage was intentional damage.
The landlord had to replace the carpet and the lino because of stains, dog urine, dog scratches, and dirt. There was also an odour. I accept replacing the flooring was reasonable given the extent of the damage. I do have to take betterment and depreciation into account. The landlord should be returned to the position they would have been in had the tenant not breached her obligations and should not be better or worse off.
In calculating depreciation, I have taken into account the age and condition of the carpet at the start of the tenancy and the likely useful lifespan - 8 years in the IR265 table. The landlord said that the carpet was probably five years old. I find the tenant should pay 20% of the cost of the new carpet.
The insurer agreed to pay for the other repairs in five rooms and the landlord only claiming the insurance excess. This claim is proved and allowed.

Tenancy Tribunal case 4930474 — Property damage at 37A Cleek Road, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 4930474 — Property damage at 37A Cleek Road, Mangere East, Auckland 2024

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions