What was the outcome of Tenancy Tribunal case 4979208?

The tribunal order states: Joanne Gail Perkins to pay Avery Rental Maintenance Limited T/As Avery

How much money was awarded in case 4979208?

Cleaning: $287.50 awarded to landlord; Estimated Cost Of New Smooth Edge: $400.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $392.86 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord

What type of tenancy dispute was case 4979208?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4979208?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11034765-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4979208?

The tribunal order states: Joanne Gail Perkins to pay Avery Rental Maintenance Limited T/As Avery

How much money was awarded in case 4979208?

Cleaning: $287.50 awarded to landlord; Estimated Cost Of New Smooth Edge: $400.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $392.86 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord

What type of tenancy dispute was case 4979208?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4979208?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11034765-Tenancy_Tribunal_Order.pdf.

12 Devon Street, Aro Valley, Wellington 6021 Tenancy Tribunal Case 4979208 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4979208 — net $1,357.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 - 31 July 2024	$392.86	Rent arrears to 27 - 31 July 2024
Treatment and cleaning for the smell	$287.50	Treatment and cleaning for the smell
Rubbish removal: carpet and underlay	$250.00	Rubbish removal: carpet and underlay
Estimated cost of new smooth edge	$400.00	Estimated cost of new smooth edge
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,357.36
Bond	$1,650.00
Total payable by Tenant to Landlord	$1,357.36

Joanne Gail Perkins to pay Avery Rental Maintenance Limited T/As Avery Rental Management $1,357.36 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,650.00 (3286412-009) immediately apportioned as follows: Avery Rental Maintenance Limited T/As Avery Rental Management: $1,357.36 Joanne Gail Perkins: $292.64

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.

How much is owed for rent?

The tenancy ended on 31 July 2024. The tenant paid all her rent but unintentionally missed 5 days at the end of the tenancy. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant agreed to pay the rent owed.

Is the tenant responsible for the damage to the premises?

The parties agree that there was cat urine in the carpet at the end of the tenancy. There is a claim for replacement carpet, for removing the old carpet and underlay and for the cost of treating the smell.

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. See sections 40(2)(a), 41 and 49B 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.

I find the damage is more than fair wear and tear. I find the tenant intentionally damaged the carpets by allowing a cat to urinate inside the house. The treatment invoice records that they saw visible stains from cat urine in all the carpeted rooms. It seems most likely to me there was cat urine in all the carpeted rooms at the end of the tenancy. The evidence the smooth edge had to be thrown out is credible. I accept the evidence the smell was overpowering.

I am required 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 their obligations, and should not be better or worse off. In calculating depreciation I have to consider the age and condition of the items at the start of the tenancy and their likely useful lifespan.

The landlord said the carpet was a good quality wool blend carpet installed in 2009. I estimate the useful life of the carpet to be 10 years. This is longer than the five years stated in the IR265 because I accept the wool carpet would most likely last longer, and because the property condition report at the start of the tenancy only recorded “minor stains” in the lounge. However, the age of the carpet precludes me from making an order for compensation for replacing the carpet because this would mean the tenant paying for an improvement. This claim is dismissed.

I do find the tenant should pay some compensation because there was intentional damage. The carpet, underlay and smooth edge had to be removed before the house could be treated for the smell. I find the tenant should pay for these costs. I have also estimated a cost for new smooth edge and the tenant should pay for this as well. Other orders

The request for the bond refund has been sent to the Bond Centre.

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

The tenant’s name is published because there is public interest in names when there is intentional damage.

Claims and awards in Tenancy Tribunal application 4979208 — net $1,357.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 - 31 July 2024	$392.86	Rent arrears to 27 - 31 July 2024
Treatment and cleaning for the smell	$287.50	Treatment and cleaning for the smell
Rubbish removal: carpet and underlay	$250.00	Rubbish removal: carpet and underlay
Estimated cost of new smooth edge	$400.00	Estimated cost of new smooth edge
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,357.36
Bond	$1,650.00
Total payable by Tenant to Landlord	$1,357.36

Order

Joanne Gail Perkins to pay Avery Rental Maintenance Limited T/As Avery Rental Management $1,357.36 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,650.00 (3286412-009) immediately apportioned as follows: Avery Rental Maintenance Limited T/As Avery Rental Management: $1,357.36 Joanne Gail Perkins: $292.64

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.

How much is owed for rent?

The tenancy ended on 31 July 2024. The tenant paid all her rent but unintentionally missed 5 days at the end of the tenancy. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant agreed to pay the rent owed.

Is the tenant responsible for the damage to the premises?

The parties agree that there was cat urine in the carpet at the end of the tenancy. There is a claim for replacement carpet, for removing the old carpet and underlay and for the cost of treating the smell.
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. See sections 40(2)(a), 41 and 49B 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.
I find the damage is more than fair wear and tear. I find the tenant intentionally damaged the carpets by allowing a cat to urinate inside the house. The treatment invoice records that they saw visible stains from cat urine in all the carpeted rooms. It seems most likely to me there was cat urine in all the carpeted rooms at the end of the tenancy. The evidence the smooth edge had to be thrown out is credible. I accept the evidence the smell was overpowering.
I am required 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 their obligations, and should not be better or worse off. In calculating depreciation I have to consider the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The landlord said the carpet was a good quality wool blend carpet installed in 2009. I estimate the useful life of the carpet to be 10 years. This is longer than the five years stated in the IR265 because I accept the wool carpet would most likely last longer, and because the property condition report at the start of the tenancy only recorded “minor stains” in the lounge. However, the age of the carpet precludes me from making an order for compensation for replacing the carpet because this would mean the tenant paying for an improvement. This claim is dismissed.
I do find the tenant should pay some compensation because there was intentional damage. The carpet, underlay and smooth edge had to be removed before the house could be treated for the smell. I find the tenant should pay for these costs. I have also estimated a cost for new smooth edge and the tenant should pay for this as well. Other orders
The request for the bond refund has been sent to the Bond Centre.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The tenant’s name is published because there is public interest in names when there is intentional damage.

Tenancy Tribunal case 4979208 — Rent arrears at 12 Devon Street, Aro Valley, Wellington 6021

At a glance

Tenancy Tribunal case 4979208 — Rent arrears at 12 Devon Street, Aro Valley, Wellington 6021

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

Property management

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

Property management

Frequently asked questions