How much money was awarded in case 4934737?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $718.57 awarded to landlord; Carpet: $1,228.33 awarded to landlord

What type of tenancy dispute was case 4934737?

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

Where can I read the official tribunal order for case 4934737?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11318239-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4934737?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $718.57 awarded to landlord; Carpet: $1,228.33 awarded to landlord

What type of tenancy dispute was case 4934737?

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

Where can I read the official tribunal order for case 4934737?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11318239-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 3, 26 Arawa Street, New Lynn, Auckland 0600 Tenancy Tribunal Case 4934737 — Property damage

Q: What was Tenancy Tribunal case 4934737 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4934737 — net $113.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 August 2024	$718.57	Rent arrears to 5 August 2024
Repairs: carpet	$1,228.33	Repairs: carpet
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$113.90
Total payable by Tenant to Landlord	$113.90

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Lisa Tuilaepa must pay [The landlord/s] $113.90 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,860.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

The landlord withdrew their claim for outstanding water rates at the hearing. The landlord originally sought $156.84 in outstanding water rates and alleged the tenant had only partially paid for water rates invoices issued between 8 September 2023 and 7 August 2024. At the hearing, the landlord was only able to produce original invoices from Watercare between 11 May 2024 and 7 August 2024. When it became apparent that the landlord was not able to prove their claim for outstanding water rates, they withdrew it.

How much is owed for rent?

The tenancy ended on 5 August 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy, namely $718.57. The landlord’s claim for rent arrears is granted in full for this amount.

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 landlord claims the tenant is responsible for damaging the carpet in the lounge and bedroom 1. The landlord provided photographs of the carpet taken at the beginning of the tenancy, which do not show any stains or burn marks in these areas. The landlord provided photographs of the carpet taken at the end of the tenancy, which show stains and burn marks in the shape of an iron in the lounge and bedroom 1.

The tenant accepts that the carpet in the lounge and bedroom 1 was stained during the tenancy. The tenant gave evidence that she has three young children who caused the stains by spilling drinks. The tenant claims the iron burns are the result of an accident caused by her one Sunday morning when she was preparing for church.

On the basis of the photographs provided by the landlord and admissions made by the tenant, I am satisfied the carpet in the lounge and bedroom 1 was damaged during the tenancy. The damage is more than fair wear and tear. I consider the damage to the result of carelessness, rather than an intentional act on behalf of the tenant. It was not covered by the landlord’s insurance. The tenant's liability is therefore limited to four weeks' rent, which is $2,160.00. See section 49B(3)(b) RTA.

The landlord gave evidence that the carpet was approximately three years old at the beginning of the tenancy. The tenancy was 2 years and 9 months long. Therefore, the carpet was approximately 5 years and 9 months old at the end of the tenancy. The estimated useful lifespan of carpet according to the Inland Revenue Depreciation Guide – IR265 is 8 years.

The landlord renovated the entire property at the end of the tenancy, including replacing the carpet throughout the property. The landlord provided an invoice from MK Builders NZ Ltd for $17,768.72 (including GST). The invoice records the cost to replace the carpet as $2,450.00 + GST ($2,817.50 total).

The tenant is responsible for damaging the carpet in the lounge and bedroom 1 however, the carpet throughout the property was replaced. The carpet was almost at the end of its estimated useful lifespan at the end of the tenancy. The value of the property has increased as a result of new carpet being laid.

I consider a fair and reasonable result is one which requires the tenant to compensate the landlord two-thirds of the cost to replace the carpet, less an adjustment for unjust enrichment. Two thirds of $2,817.50 is $1,878.33. I consider a deduction of $650.00 is appropriate to reflect the age of the carpet and increase in value to the property as a result of new carpet being laid. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off.

The landlord’s claim for compensation for damage to the carpet is granted for a total of $1,228.33.

The amount ordered is proved. I have taken into account betterment and depreciation. I have also considered the age and condition of the carpet at the start of the tenancy and its useful lifespan. Suppression and filing fee

The landlord has applied for name suppression and reimbursement of the filing fee. The landlord has been wholly successful in their claim. Therefore, I must suppress their name and identifying details, and reimburse the filing fee. See sections 95A(1) and 102(4)(a) RTA.

Order

Claims and awards in Tenancy Tribunal application 4934737 — net $113.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 August 2024	$718.57	Rent arrears to 5 August 2024
Repairs: carpet	$1,228.33	Repairs: carpet
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$113.90
Total payable by Tenant to Landlord	$113.90

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Lisa Tuilaepa must pay [The landlord/s] $113.90 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,860.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

The landlord’s claim for compensation for damage to the carpet is granted for a total of $1,228.33.

Tenancy Tribunal case 4934737 — Property damage at Unit/Flat Flat 3, 26 Arawa Street, New Lynn, Auckland 0600

At a glance

Tenancy Tribunal case 4934737 — Property damage at Unit/Flat Flat 3, 26 Arawa Street, New Lynn, Auckland 0600

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

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

Frequently asked questions