How much money was awarded in case 5119532?

Filing Fee: $27.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Rent Arrears: $365.71 awarded to landlord; Property Damage: $1,435.00 awarded to landlord; Replace All Internal Doors: $2,605.00 awarded to landlord; Under Floor Insulation - 2/3 Costs: $1,000.00 awarded to landlord; Water Rates: $76.02 awarded to landlord

What type of tenancy dispute was case 5119532?

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

Where can I read the official tribunal order for case 5119532?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11791891-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5119532?

Filing Fee: $27.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Rent Arrears: $365.71 awarded to landlord; Property Damage: $1,435.00 awarded to landlord; Replace All Internal Doors: $2,605.00 awarded to landlord; Under Floor Insulation - 2/3 Costs: $1,000.00 awarded to landlord; Water Rates: $76.02 awarded to landlord

What type of tenancy dispute was case 5119532?

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

Where can I read the official tribunal order for case 5119532?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11791891-Tribunal_Order_Redacted.pdf.

129 Aviemore Drive, Highland Park, Auckland 2010 Tenancy Tribunal Case 5119532 — Property damage

Q: What was Tenancy Tribunal case 5119532 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 5119532 — net $4,308.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$365.71	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$76.02	Water rates
Under floor insulation - 2/3 costs	$1,000.00	Under floor insulation - 2/3 costs
Carpet replacement - minus depreciation	$1,200.00	Carpet replacement - minus depreciation
Repairs: Replace all internal doors	$2,605.00	Repairs: Replace all internal doors
Repairs: Repair, repaint internal walls	$1,435.00	Repairs: Repair, repaint internal walls
Net award	$4,308.73
Total payable by Tenant to Landlord	$4,308.73

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

Dahilia Jackson must pay [The landlord/s] $4,308.73 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$365.71 Filing fee reimbursement$27.00 Water rates$76.02 Under floor insulation - 2/3 costs$1,000.00 Carpet replacement - minus depreciation $1,200.00 Repairs: Replace all internal doors$2,605.00 Repairs: Repair, repaint internal walls$1,435.00 Total award$6,708.73 Minus Bond-$2,400.00 Total payable by Tenant to Landlord$4,308.73

The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, the tenant did not attend. I rang the tenant twice on the mobile number she had provided but she did not answer. The tenant had been sent the notice of hearing and had responded saying she wanted a teleconference rather than to appear in person because of her childcare issues. I am sure the tenant was aware of the hearing and had chosen not to attend. I am conducting the hearing in her absence.

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 and water rates?

The tenancy ended on 24 November 2024. The landlord provided rent records and water rates invoices which prove the amount of $365.71 owing in rent and $76.02 owing in water bills at the end of the tenancy.

I have been provided with an email confirming that the tenant accepts she owes the rent arrears, water bills and most of the repair costs.

I am satisfied that the landlord has proven their claim for rent arrears and water bills.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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.

The following damage was caused during the tenancy: -Most of the internal doors were damaged. -Walls were damaged with holes. -Carpet was so heavily soiled and smelt of urine, it had to be replaced. -Under the house, the tenant’s dog had pulled away a large section of the underfloor insulation, that had to be replaced.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord has provided an exit and pre let inspection report and photos, which show the difference on the condition of the property at the start of the tenancy and at the end of the tenancy. The damage has clearly been done during this tenancy.

The landlord has provided the Tribunal with invoices for the cost of the repairs that they have had to carry out on the property after the tenancy ended.

I am satisfied having considered the documents and photos provided that the landlord has been successful with their claim for repairs.

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 carpet was so badly stained and smelt of urine that it had to be replaced. The landlord chose to put carpet in the bedrooms and flooring in the lounge and living areas. The cost of the flooring is more than the cost of recarpeting the whole area. The landlord estimates that to recarpet would have been approximately $4000. I will accept that as the cost of recarpeting the house.

I must consider depreciation and as the carpet was approximately 7 years old at the end of the tenancy, I must deduct 70% of the cost of replacing the carpet. I award the sum of $1200.00 for the replacement carpet.

I have not taken any depreciation off the cost of the replacement doors. At no time in a tenancy should a landlord expect to have to replace all the internal doors because a tenant has broken them.

I have awarded 2/3 of the cost of the plastering and repainted of the walls and the under house insulation. Again, a landlord generally would not expect to have to replace insulation under the house, perhaps top it up. The tenants dog ripped the insulation out of the under floor cavities.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

The Bond centre is to refund the bond immediately to the landlord to offset the cost of the debt owed by the tenant to the landlord.

The landlord has applied for suppression of their name and identifying details and as they have been successful, I will grant suppression.

Order

Claims and awards in Tenancy Tribunal application 5119532 — net $4,308.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$365.71	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$76.02	Water rates
Under floor insulation - 2/3 costs	$1,000.00	Under floor insulation - 2/3 costs
Carpet replacement - minus depreciation	$1,200.00	Carpet replacement - minus depreciation
Repairs: Replace all internal doors	$2,605.00	Repairs: Replace all internal doors
Repairs: Repair, repaint internal walls	$1,435.00	Repairs: Repair, repaint internal walls
Net award	$4,308.73
Total payable by Tenant to Landlord	$4,308.73

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

The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

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 and water rates?

I have been provided with an email confirming that the tenant accepts she owes the rent arrears, water bills and most of the repair costs.

I am satisfied that the landlord has proven their claim for rent arrears and water bills.

Is the tenant responsible for the damage to the premises?

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord has provided the Tribunal with invoices for the cost of the repairs that they have had to carry out on the property after the tenancy ended.

I am satisfied having considered the documents and photos provided that the landlord has been successful with their claim for repairs.

I have not taken any depreciation off the cost of the replacement doors. At no time in a tenancy should a landlord expect to have to replace all the internal doors because a tenant has broken them.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

The Bond centre is to refund the bond immediately to the landlord to offset the cost of the debt owed by the tenant to the landlord.

The landlord has applied for suppression of their name and identifying details and as they have been successful, I will grant suppression.

Tenancy Tribunal case 5119532 — Property damage at 129 Aviemore Drive, Highland Park, Auckland 2010

At a glance

Tenancy Tribunal case 5119532 — Property damage at 129 Aviemore Drive, Highland Park, Auckland 2010

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions