What was Tenancy Tribunal case 4960257 about?

The tribunal order states: The parties’ names and identifying details must not be published.

How much money was awarded in case 4960257?

Filing Fee: $27.00 awarded to landlord; Replacing Stained Carpet: $500.00 awarded to landlord; S Landlord’S Tenancy Ending Expenses: $800.00 awarded to landlord

What type of tenancy dispute was case 4960257?

The dispute type was not classified.

Where can I read the official tribunal order for case 4960257?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11112595-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4960257 about?

The tribunal order states: The parties’ names and identifying details must not be published.

How much money was awarded in case 4960257?

Filing Fee: $27.00 awarded to landlord; Replacing Stained Carpet: $500.00 awarded to landlord; S Landlord’S Tenancy Ending Expenses: $800.00 awarded to landlord

What type of tenancy dispute was case 4960257?

The dispute type was not classified.

Where can I read the official tribunal order for case 4960257?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11112595-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4960257 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 4960257 — net $1,327.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
s Landlord’s tenancy ending expenses	$800.00	s Landlord’s tenancy ending expenses
Replacing stained carpet	$500.00	Replacing stained carpet
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,327.00
Bond	$2,500.00
Total payable by Tenant to Landlord	$1,327.00

The parties’ names and identifying details must not be published.

[The tenant/s] must pay [The landlord] $1,327.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,500.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord]: $1,327.00 [The tenants]: $1,173.00

Reasons

The hearing was conducted on Microsoft Teams by video link.

The landlord’s director attended for the landlord.

One of the tenants also attended.

The landlord has applied for expenses incurred due to the tenants ending their fixed-term tenancy early, compensation for carpet damage, reimbursement of the filing fee, and payment out of the bond, following the end of the tenancy. Expenses incurred due to early end of the fixed-term tenancy

The landlord agreed to the tenants ending the fixed-term tenancy. She seeks her related expenses.

Section 44A(1) of the Residential Tenancies Act 1986 provides: 44A Recovery of expenses incurred by landlord (1) A landlord who consents to an assignment under section 43B, to a subletting or parting with possession under section 44, or to termination of the tenancy in accordance with section 50(1)(d) is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the assignment, subletting, parting with possession, or termination.

The tenants sourced tenants, who the landlord vetted and selected.

The landlord invoiced the tenant for its director’s time and a property manager’s costs in the amount of $1,075.00. The landlord did not provide any timesheets or an hourly rate for its director’s work. It is not clear that the director invoiced the landlord for her work. The landlord has not provided any invoices for the property manager’s work.

I consider that $800.00 is a suitable amount to order for the landlord’s expenses. What amount should the Tribunal order for damage to the bedroom carpet

The tenants’ infant child spilt and vomited milk over about a square metre the master bedroom’s carpet. The stains could not be removed.

The damage was caused carelessly. The tenants should not have allowed their child to be drinking milk in this area without taking precautions to protect the premises’ furnishings.

The landlord has to replace the carpet to eliminate the staining. It must pay its insurer a $1,000.00 excess for the replacement.

The carpet is about six years’ old.

The Tribunal must take account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenants not breached their obligations and should not be better or worse off. The landlord will have the benefit of brand new carpet once the work is done.

In the circumstances, an order for $500.00 compensation is appropriate. Filing fee

The tenants must reimburse the tenants for the filing fee. Non-publication

The parties seek non-publication of their names and identifying details.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Both parties have substantially succeeded in the proceedings. I do not consider that publication is in the public interest or is justified because of the parties’ conduct or any other circumstances.

Non-publication is ordered.

Claims and awards in Tenancy Tribunal application 4960257 — net $1,327.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
s Landlord’s tenancy ending expenses	$800.00	s Landlord’s tenancy ending expenses
Replacing stained carpet	$500.00	Replacing stained carpet
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,327.00
Bond	$2,500.00
Total payable by Tenant to Landlord	$1,327.00

Order

The parties’ names and identifying details must not be published.
[The tenant/s] must pay [The landlord] $1,327.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,500.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord]: $1,327.00 [The tenants]: $1,173.00

Reasons

The hearing was conducted on Microsoft Teams by video link.
The landlord’s director attended for the landlord.
One of the tenants also attended.
The landlord has applied for expenses incurred due to the tenants ending their fixed-term tenancy early, compensation for carpet damage, reimbursement of the filing fee, and payment out of the bond, following the end of the tenancy. Expenses incurred due to early end of the fixed-term tenancy
The landlord agreed to the tenants ending the fixed-term tenancy. She seeks her related expenses.
Section 44A(1) of the Residential Tenancies Act 1986 provides: 44A Recovery of expenses incurred by landlord (1) A landlord who consents to an assignment under section 43B, to a subletting or parting with possession under section 44, or to termination of the tenancy in accordance with section 50(1)(d) is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the assignment, subletting, parting with possession, or termination.
The tenants sourced tenants, who the landlord vetted and selected.
The landlord invoiced the tenant for its director’s time and a property manager’s costs in the amount of $1,075.00. The landlord did not provide any timesheets or an hourly rate for its director’s work. It is not clear that the director invoiced the landlord for her work. The landlord has not provided any invoices for the property manager’s work.
I consider that $800.00 is a suitable amount to order for the landlord’s expenses. What amount should the Tribunal order for damage to the bedroom carpet
The tenants’ infant child spilt and vomited milk over about a square metre the master bedroom’s carpet. The stains could not be removed.
The damage was caused carelessly. The tenants should not have allowed their child to be drinking milk in this area without taking precautions to protect the premises’ furnishings.
The landlord has to replace the carpet to eliminate the staining. It must pay its insurer a $1,000.00 excess for the replacement.
The carpet is about six years’ old.
The Tribunal must take account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenants not breached their obligations and should not be better or worse off. The landlord will have the benefit of brand new carpet once the work is done.
In the circumstances, an order for $500.00 compensation is appropriate. Filing fee
The tenants must reimburse the tenants for the filing fee. Non-publication
The parties seek non-publication of their names and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Both parties have substantially succeeded in the proceedings. I do not consider that publication is in the public interest or is justified because of the parties’ conduct or any other circumstances.
Non-publication is ordered.

Tenancy Tribunal case 4960257 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 4960257 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions