What was Tenancy Tribunal case 5027889 about?

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

How much money was awarded in case 5027889?

Cleaning: $80.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $442.86 awarded to landlord; Property Damage: $2,480.00 awarded to landlord; Water Rates: $101.60 awarded to landlord

What type of tenancy dispute was case 5027889?

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

Where can I read the official tribunal order for case 5027889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11344464-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5027889 about?

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

How much money was awarded in case 5027889?

Cleaning: $80.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $442.86 awarded to landlord; Property Damage: $2,480.00 awarded to landlord; Water Rates: $101.60 awarded to landlord

What type of tenancy dispute was case 5027889?

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

Where can I read the official tribunal order for case 5027889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11344464-Tribunal_Order_Redacted.pdf.

3 South Belt, Lincoln, Lincoln 7608 Tenancy Tribunal Case 5027889 — Property damage

Claims and awards in Tenancy Tribunal application 5027889 — net $651.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 Jul 2024	$442.86	Rent arrears to 5 Jul 2024
Water rates	$101.60	Water rates
Cleaning: Windows	$80.00	Cleaning: Windows
Repairs: Damage to carpet (limited to 4 weeks’ rent	$2,480.00	Repairs: Damage to carpet (limited to 4 weeks’ rent
Filing fee	$27.00	Filing fee
Net award	$651.46
Total payable by Tenant to Landlord	$651.46

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name.
The Bond Centre is to pay the bond of $2,480.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Ada Waho must pay [The landlord/s] $624.46 immediately, calculated as shown in table below.

Reasons

Both parties attended the video hearing.
The landlord has applied for rent arrears, compensation for water rates, window cleaning and damage to carpet, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenancy
The tenancy commenced on 5 August 2023 and ended on 5 July 2024. Orders by consent
During the hearing, both parties agreed the following amounts were owed by the tenant to the landlord: a. Rent arrears to 5 July 2024 of $442.86; b. Water rates for the period 19/06/24 to 08/07/24 of $101.60; c. A contribution to window cleaning in the amount of $80.00.
The only matter that remained in dispute for my determination was whether the tenant was liable for the cost of replacing the carpet.

Is the tenant responsible for the damage to the carpet?

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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) 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 note that the landlord referred to this authority in their application.
The landlord says the carpet was newly installed just prior to the start of the tenancy. The landlord has provided an invoice from Carpet Kingdom which states new carpet was installed on 20 July 2023. The tenancy commenced on 5 August 2023.
The landlord has also provided photographs taken by the property manager on 8 July 2024 (the final day of the tenancy) which show stains and/or damage to the carpet in the living room, master bedroom, and two further bedrooms.
I am satisfied the landlord has proved the carpet was damaged during the tenancy and that it is more than fair wear and tear.
The tenant says the damage was caused by food and drinks being spilled by her children and/or other adults. Some of the spills were caused by her daughter spilling juice, and another incident involved someone spilling butter chicken. Ms Waho says she tried to clean the carpet herself, and also paid for a professional wet-vacuum of the house at the end of the tenancy but acknowledged it did not remove the stains. Ms Waho says she scrubbed some areas using laundry powder and says this resulted in the white powdery marks visible in the photographs. Ms Waho acknowledged the stains were caused during the tenancy but says they were not intentional.
I am satisfied the tenant did not intentionally cause or permit the damage to the carpet, but that the damage was carelessly caused by the tenant, or those she is responsible for. Essentially, I accept the stains were as caused by food and drink being spilled which were made worse by improper treatment of the stains.
The landlord seeks an order for the cost of replacement of the carpet. In support of that claim, the landlord has provided a quote from a carpet company which states replacement of the carpet in the four rooms is estimated to cost $7,328.44. I note the landlord has not actually replaced the carpet and has since re-tenanted the property.
As stated above, where 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. See section 49B(3)(a) RTA.
Rent was charged at $620 per week, therefore four weeks’ rent is $2,480.
The landlord has produced a letter from the landlord’s insurer which confirms a claim would be accepted, but states each of the four rooms would be treated as a separate insurance claim. As a result, an excess of $2,150 would be payable for each of the four claims, meaning the total excess for the four rooms would be $8,600. The landlord determined it was not economical to make an insurance claim.
Pursuant to section 49B(3)(a) of the RTA, the tenant is liable to pay the lesser amount, being four weeks’ rent, for damage to the carpet. Should the tenant reimburse the landlord’s filing fee?
Given the landlord has succeeded with the claim the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5027889 — net $651.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 Jul 2024	$442.86	Rent arrears to 5 Jul 2024
Water rates	$101.60	Water rates
Cleaning: Windows	$80.00	Cleaning: Windows
Repairs: Damage to carpet (limited to 4 weeks’ rent	$2,480.00	Repairs: Damage to carpet (limited to 4 weeks’ rent
Filing fee	$27.00	Filing fee
Net award	$651.46
Total payable by Tenant to Landlord	$651.46

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name.
The Bond Centre is to pay the bond of $2,480.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Ada Waho must pay [The landlord/s] $624.46 immediately, calculated as shown in table below.

Reasons

Both parties attended the video hearing.
The landlord has applied for rent arrears, compensation for water rates, window cleaning and damage to carpet, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenancy
The tenancy commenced on 5 August 2023 and ended on 5 July 2024. Orders by consent
During the hearing, both parties agreed the following amounts were owed by the tenant to the landlord: a. Rent arrears to 5 July 2024 of $442.86; b. Water rates for the period 19/06/24 to 08/07/24 of $101.60; c. A contribution to window cleaning in the amount of $80.00.
The only matter that remained in dispute for my determination was whether the tenant was liable for the cost of replacing the carpet.

Is the tenant responsible for the damage to the carpet?

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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) 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 note that the landlord referred to this authority in their application.
The landlord says the carpet was newly installed just prior to the start of the tenancy. The landlord has provided an invoice from Carpet Kingdom which states new carpet was installed on 20 July 2023. The tenancy commenced on 5 August 2023.
The landlord has also provided photographs taken by the property manager on 8 July 2024 (the final day of the tenancy) which show stains and/or damage to the carpet in the living room, master bedroom, and two further bedrooms.
I am satisfied the landlord has proved the carpet was damaged during the tenancy and that it is more than fair wear and tear.
The tenant says the damage was caused by food and drinks being spilled by her children and/or other adults. Some of the spills were caused by her daughter spilling juice, and another incident involved someone spilling butter chicken. Ms Waho says she tried to clean the carpet herself, and also paid for a professional wet-vacuum of the house at the end of the tenancy but acknowledged it did not remove the stains. Ms Waho says she scrubbed some areas using laundry powder and says this resulted in the white powdery marks visible in the photographs. Ms Waho acknowledged the stains were caused during the tenancy but says they were not intentional.
I am satisfied the tenant did not intentionally cause or permit the damage to the carpet, but that the damage was carelessly caused by the tenant, or those she is responsible for. Essentially, I accept the stains were as caused by food and drink being spilled which were made worse by improper treatment of the stains.
The landlord seeks an order for the cost of replacement of the carpet. In support of that claim, the landlord has provided a quote from a carpet company which states replacement of the carpet in the four rooms is estimated to cost $7,328.44. I note the landlord has not actually replaced the carpet and has since re-tenanted the property.
As stated above, where 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. See section 49B(3)(a) RTA.
Rent was charged at $620 per week, therefore four weeks’ rent is $2,480.
The landlord has produced a letter from the landlord’s insurer which confirms a claim would be accepted, but states each of the four rooms would be treated as a separate insurance claim. As a result, an excess of $2,150 would be payable for each of the four claims, meaning the total excess for the four rooms would be $8,600. The landlord determined it was not economical to make an insurance claim.
Pursuant to section 49B(3)(a) of the RTA, the tenant is liable to pay the lesser amount, being four weeks’ rent, for damage to the carpet. Should the tenant reimburse the landlord’s filing fee?
Given the landlord has succeeded with the claim the tenant must reimburse the filing fee.

Tenancy Tribunal case 5027889 — Property damage at 3 South Belt, Lincoln, Lincoln 7608

At a glance

Tenancy Tribunal case 5027889 — Property damage at 3 South Belt, Lincoln, Lincoln 7608

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the carpet?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the carpet?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions