What was the outcome of Tenancy Tribunal case 5012489?

The tribunal order states: Athalia Hidayat and Fredy Fredy to pay Dan Druzianic, Lesley Wilson, Dave

How much money was awarded in case 5012489?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5012489?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5012489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11142429-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5012489?

The tribunal order states: Athalia Hidayat and Fredy Fredy to pay Dan Druzianic, Lesley Wilson, Dave

How much money was awarded in case 5012489?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5012489?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5012489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11142429-Tenancy_Tribunal_Order.pdf.

Unit/Flat Apartment 304, 45 Queens Drive, Hutt Central, Tenancy Tribunal Case 5012489 — Property damage

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Order

Athalia Hidayat and Fredy Fredy to pay Dan Druzianic, Lesley Wilson, Dave Wilson As Trustees Of The Aubury Trust $500.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,305.00 (6127987-005) immediately apportioned as follows: Dan Druzianic, Lesley Wilson, Dave Wilson As Trustees Of The Aubury Trust: $500.00 Athalia Hidayat and Fredy Fredy: $805.00

Reasons

Both parties attended the hearing.

The landlord has applied for compensation to be paid from the bond following the end of the tenancy.

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.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

The carpet was damaged (badly stained) during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have taken into account betterment and depreciation. 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

The tenant's liability has been limited to the lesser of the insurance excess of $500.00 accordingly.

Order

Athalia Hidayat and Fredy Fredy to pay Dan Druzianic, Lesley Wilson, Dave Wilson As Trustees Of The Aubury Trust $500.00 from the bond, calculated as shown in table below.

Reasons

Both parties attended the hearing.

The landlord has applied for compensation to be paid from the bond following the end of the tenancy.

Is the tenant responsible for the damage to the premises?

The carpet was damaged (badly stained) during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The tenant's liability has been limited to the lesser of the insurance excess of $500.00 accordingly.

Tenancy Tribunal case 5012489 — Property damage at Unit/Flat Apartment 304, 45 Queens Drive, Hutt Central,

At a glance

Tenancy Tribunal case 5012489 — Property damage at Unit/Flat Apartment 304, 45 Queens Drive, Hutt Central,

At a glance

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

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