What was Tenancy Tribunal case 5138152 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $227.00 immediately,

How much money was awarded in case 5138152?

Filing Fee: $27.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Replace Wall Light: $50.00 awarded to landlord

What type of tenancy dispute was case 5138152?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5138152?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12671719-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5138152 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $227.00 immediately,

How much money was awarded in case 5138152?

Filing Fee: $27.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Replace Wall Light: $50.00 awarded to landlord

What type of tenancy dispute was case 5138152?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5138152?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12671719-Tenancy_Tribunal_Order.pdf.

Room 2, 90 Rosebank Road, Avondale, Auckland 1026 Tenancy Tribunal Case 5138152 — Property damage

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Room 2, 90 Rosebank Road, Avondale, Auckland 1026 Tenancy Tribunal Case 5138152 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5138152 — net $227.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs walls	$150.00	Repairs walls
Replace wall light	$50.00	Replace wall light
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$227.00
Total payable by Tenant to Landlord	$227.00

Claims and awards for application 5138152 — net $227.00 NZD. Verify on MoJ.

Repairs walls

Amount: $150.00
Awarded to: Landlord
Reason: Repairs walls

Replace wall light

Amount: $50.00
Awarded to: Landlord
Reason: Replace wall light

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $227.00

Total payable by Tenant to Landlord

Landlord $227.00

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

[The tenant/s] must pay [The landlord/s] $227.00 immediately, calculated as shown in table below.
The tenant’s application is dismissed.

Reasons

The tenant, Mr Virdi, applied for compensation and/or exemplary damages and the landlord, Ms Cairns, cross applied for compensation following the end of the tenancy.
Ms Cairns attended the hearing but Mr Virdi did not attend. He emailed the Tribunal shortly before the hearing commenced saying that he would not be attending. Mr Virdi’s application is therefore dismissed: 78(1)(i) and 92(1) of the Residential Tenancies Act 1986. The landlord’s claims

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 Act.
Ms Cairns claims the cost to repair the walls caused by Mr Virdi storing car tyres in his room, and the cost to replace a broken wall light. I am satisfied that she has established that the damage occurred during the tenancy, it beyond fair wear and tear, and Mr Virdi has not disproved liability for it.
The amounts ordered have been established by the production of invoices. The amount claimed to repair the walls has been reduced because the cost claimed includes painting the ceiling, door, and window in the room. Ms Cairns has not claimed that the tenant damaged the ceiling, door, or window frame.
The amount claimed to replace the wall light has been reduced by 50% to account for depreciation and betterment. 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 likely age and condition of the light. Ms Cairns did not know the age of the light, but she accepts that it was old. In the circumstances I consider the sum of $50.00 reasonable to compensate her for the damaged light.
Ms Cairns withdrew her claims for damage to the carpet and cabinet.
Ms Cairns has been mostly successful in her claims and I consider this an appropriate case to award her payment of the Tribunal application fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5138152 — net $227.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs walls	$150.00	Repairs walls
Replace wall light	$50.00	Replace wall light
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$227.00
Total payable by Tenant to Landlord	$227.00

Claims and awards for application 5138152 — net $227.00 NZD. Verify on MoJ.

Repairs walls

Amount: $150.00
Awarded to: Landlord
Reason: Repairs walls

Replace wall light

Amount: $50.00
Awarded to: Landlord
Reason: Replace wall light

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $227.00

Total payable by Tenant to Landlord

Landlord $227.00

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

[The tenant/s] must pay [The landlord/s] $227.00 immediately, calculated as shown in table below.
The tenant’s application is dismissed.

Reasons

The tenant, Mr Virdi, applied for compensation and/or exemplary damages and the landlord, Ms Cairns, cross applied for compensation following the end of the tenancy.
Ms Cairns attended the hearing but Mr Virdi did not attend. He emailed the Tribunal shortly before the hearing commenced saying that he would not be attending. Mr Virdi’s application is therefore dismissed: 78(1)(i) and 92(1) of the Residential Tenancies Act 1986. The landlord’s claims

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 Act.
Ms Cairns claims the cost to repair the walls caused by Mr Virdi storing car tyres in his room, and the cost to replace a broken wall light. I am satisfied that she has established that the damage occurred during the tenancy, it beyond fair wear and tear, and Mr Virdi has not disproved liability for it.
The amounts ordered have been established by the production of invoices. The amount claimed to repair the walls has been reduced because the cost claimed includes painting the ceiling, door, and window in the room. Ms Cairns has not claimed that the tenant damaged the ceiling, door, or window frame.
The amount claimed to replace the wall light has been reduced by 50% to account for depreciation and betterment. 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 likely age and condition of the light. Ms Cairns did not know the age of the light, but she accepts that it was old. In the circumstances I consider the sum of $50.00 reasonable to compensate her for the damaged light.
Ms Cairns withdrew her claims for damage to the carpet and cabinet.
Ms Cairns has been mostly successful in her claims and I consider this an appropriate case to award her payment of the Tribunal application fee.

Tenancy Tribunal case 5138152 — Property damage at Room 2, 90 Rosebank Road, Avondale, Auckland 1026

At a glance

Tenancy Tribunal case 5138152 — Property damage at Room 2, 90 Rosebank Road, Avondale, Auckland 1026

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