What was the outcome of Tenancy Tribunal case 5136888?

The tribunal order states: Graham Symes must pay Property Management Wellington Limited As Agent

How much money was awarded in case 5136888?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $880.00 awarded to landlord; Replace Furnishings: Carpet: $901.74 awarded to landlord

What type of tenancy dispute was case 5136888?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5136888?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11872785-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5136888?

The tribunal order states: Graham Symes must pay Property Management Wellington Limited As Agent

How much money was awarded in case 5136888?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $880.00 awarded to landlord; Replace Furnishings: Carpet: $901.74 awarded to landlord

What type of tenancy dispute was case 5136888?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5136888?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11872785-Tribunal_Order.pdf.

Room 11, Unit/Flat 5, 48 Aurora Terrace, Wellington 6012 Tenancy Tribunal Case 5136888 — Rent arrears

Order

This is an amended Order to include the filing fee and note the absence of the Tenant at the hearing.

Claims and awards in Tenancy Tribunal application 5136888 — net $968.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$880.00	Rent arrears
Replace furnishings: Carpet	$901.74	Replace furnishings: Carpet
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$968.74
Total payable by Tenant to Landlord	$968.74

Graham Symes must pay Property Management Wellington Limited As Agent For Owner $968.74 immediately, being rent arrears to 21 November 2024.

The Bond Centre is to pay the bond of $840.00 (6530638-007) to Property Management Wellington Limited As Agent For Owner immediately.

Reasons

The Landlord attended the hearing by telephone. The Tenant did not attend 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 21 November 2024. The landlord provided rent records which prove the amount owing at 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 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: carpet soiling. The carpet was soiled by the Tenant which covered an substantial part of the carpet. Ingoing and outgoing inspection photographs were provided and an invoice for the replacement. The Tenant suffered from medical issues. 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.

As Property Management Wellington Limited As Agent For Owner has wholly succeeded with the claim the Tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5136888 — net $968.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$880.00	Rent arrears
Replace furnishings: Carpet	$901.74	Replace furnishings: Carpet
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$968.74
Total payable by Tenant to Landlord	$968.74

Order

This is an amended Order to include the filing fee and note the absence of the Tenant at the hearing.

Graham Symes must pay Property Management Wellington Limited As Agent For Owner $968.74 immediately, being rent arrears to 21 November 2024.
The Bond Centre is to pay the bond of $840.00 (6530638-007) to Property Management Wellington Limited As Agent For Owner immediately.

Reasons

The Landlord attended the hearing by telephone. The Tenant did not attend 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 21 November 2024. The landlord provided rent records which prove the amount owing at 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 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: carpet soiling. The carpet was soiled by the Tenant which covered an substantial part of the carpet. Ingoing and outgoing inspection photographs were provided and an invoice for the replacement. The Tenant suffered from medical issues. 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.
As Property Management Wellington Limited As Agent For Owner has wholly succeeded with the claim the Tenant must reimburse the filing fee.

Tenancy Tribunal case 5136888 — Rent arrears at Room 11, Unit/Flat 5, 48 Aurora Terrace, Wellington 6012

At a glance

Tenancy Tribunal case 5136888 — Rent arrears at Room 11, Unit/Flat 5, 48 Aurora Terrace, Wellington 6012

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