How much money was awarded in case 5132270?

Filing Fee: $27.00 awarded to landlord; Previous Order Application 5030649 D…: $27.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord

What type of tenancy dispute was case 5132270?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5132270?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11591281-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5132270?

Filing Fee: $27.00 awarded to landlord; Previous Order Application 5030649 D…: $27.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord

What type of tenancy dispute was case 5132270?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5132270?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11591281-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5132270 — Property damage

Q: What was Tenancy Tribunal case 5132270 about?

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

Order

Claims and awards in Tenancy Tribunal application 5132270 — net $1,254.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5030649 dated 09/12/2024	$27.00	Previous order application 5030649 dated 09/12/2024
Carpet damage - insurance excess	$1,200.00	Carpet damage - insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,254.00
Bond	$1,960.00
Total payable by Tenant to Landlord	$1,254.00

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

Cassidy Kemp and Steven Te Ahiwaka to pay [The landlord/s] $1,254.00 from the bond, calculated as shown in table below.

This order incorporates the Tribunal order made on 9 December 2024 under application 5030649.

The Bond Centre is to pay the bond of $1,960.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,254.00 Cassidy Kemp and Steven Te Ahiwaka: $706.00

Reasons

[Ms N] attended the hearing or the landlord. The tenants were phoned on the numbers provided but the call to the number provided for Ms Kemp went to voicemail. The call to the number provided for Mr Te Ahiwaka was answered but the call disconnected before the hearing started.

The landlord has applied for compensation for damage to the carpets, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Is the tenant responsible for the damage to the premises?

To be successful in a claim for damage to the premises the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986 (the Act).

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): section 49B(3)(b) of the Act.

The carpets in three rooms at the premises were damaged by animal urine which could not be removed by cleaning, and they therefore required replacement.

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

The amount ordered has been established. The cost to replace the carpets was $3,867.00. The landlord has insurance for the loss and was require to pay three policy excesses totalling $1,200.00 (one excess for each room).

I have taken into account depreciation or betterment. The carpets were new at the tenancy commencement and therefore just over three years old at the end of the tenancy. Carpets are expected last somewhere between 10 to 15 years before requiring replacement. Thus, when calculating the amount payable after deducting depreciation or betterment of 30% (if they were considered to only last 10 years) from the cost to replace the carpets would be $2,706.00.

I therefore find the tenants liable to pay the amount claimed.

The landlord has been successful in its claim and is therefore entitled to payment of the Tribunal application fee.

On 9 December 2024 the Tribunal made an order relating to this tenancy, for the Tribunal application fee. It is appropriate and sensible to incorporate the previous order into this order. Suppression

The landlord has applied for a suppression order. Section 95A of the Act provides that the Tribunal must, on the application of a party who has been wholly or substantially successful in the proceedings, order that the party’s name or identifying particulars not be published (unless the limited circumstances set out in the section apply).

The landlord has been wholly successful in its claim and the limited exceptions set out in s 95A do not apply. I therefore make an order that the landlord’s name and identifying details be suppressed.

Claims and awards in Tenancy Tribunal application 5132270 — net $1,254.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5030649 dated 09/12/2024	$27.00	Previous order application 5030649 dated 09/12/2024
Carpet damage - insurance excess	$1,200.00	Carpet damage - insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,254.00
Bond	$1,960.00
Total payable by Tenant to Landlord	$1,254.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Cassidy Kemp and Steven Te Ahiwaka to pay [The landlord/s] $1,254.00 from the bond, calculated as shown in table below.
This order incorporates the Tribunal order made on 9 December 2024 under application 5030649.
The Bond Centre is to pay the bond of $1,960.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,254.00 Cassidy Kemp and Steven Te Ahiwaka: $706.00

Reasons

[Ms N] attended the hearing or the landlord. The tenants were phoned on the numbers provided but the call to the number provided for Ms Kemp went to voicemail. The call to the number provided for Mr Te Ahiwaka was answered but the call disconnected before the hearing started.
The landlord has applied for compensation for damage to the carpets, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Is the tenant responsible for the damage to the premises?

To be successful in a claim for damage to the premises the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986 (the Act).
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): section 49B(3)(b) of the Act.
The carpets in three rooms at the premises were damaged by animal urine which could not be removed by cleaning, and they therefore required replacement.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered has been established. The cost to replace the carpets was $3,867.00. The landlord has insurance for the loss and was require to pay three policy excesses totalling $1,200.00 (one excess for each room).
I have taken into account depreciation or betterment. The carpets were new at the tenancy commencement and therefore just over three years old at the end of the tenancy. Carpets are expected last somewhere between 10 to 15 years before requiring replacement. Thus, when calculating the amount payable after deducting depreciation or betterment of 30% (if they were considered to only last 10 years) from the cost to replace the carpets would be $2,706.00.
I therefore find the tenants liable to pay the amount claimed.
The landlord has been successful in its claim and is therefore entitled to payment of the Tribunal application fee.
On 9 December 2024 the Tribunal made an order relating to this tenancy, for the Tribunal application fee. It is appropriate and sensible to incorporate the previous order into this order. Suppression
The landlord has applied for a suppression order. Section 95A of the Act provides that the Tribunal must, on the application of a party who has been wholly or substantially successful in the proceedings, order that the party’s name or identifying particulars not be published (unless the limited circumstances set out in the section apply).
The landlord has been wholly successful in its claim and the limited exceptions set out in s 95A do not apply. I therefore make an order that the landlord’s name and identifying details be suppressed.

Tenancy Tribunal case 5132270 — Property damage

At a glance

Tenancy Tribunal case 5132270 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions