What was Tenancy Tribunal case 5190593 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 5190593?

Filing Fee: $27.00 awarded to landlord; Replace Carpets - Tenant Contributio…: $1,425.00 awarded to landlord

What type of tenancy dispute was case 5190593?

The dispute type was not classified.

Where can I read the official tribunal order for case 5190593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12113970-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5190593 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 5190593?

Filing Fee: $27.00 awarded to landlord; Replace Carpets - Tenant Contributio…: $1,425.00 awarded to landlord

What type of tenancy dispute was case 5190593?

The dispute type was not classified.

Where can I read the official tribunal order for case 5190593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12113970-Tribunal_Order_Redacted.pdf.

64 Etherton Drive, Weymouth, Auckland 2103 Tenancy Tribunal Case 5190593 — Tenancy dispute

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64 Etherton Drive, Weymouth, Auckland 2103 Tenancy Tribunal Case 5190593 — Tenancy dispute | 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 5190593 — net $1,452.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace carpets - tenant contribution	$1,425.00	Replace carpets - tenant contribution
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,452.00
Total payable by Tenant to Landlord	$1,452.00

Claims and awards for application 5190593 — net $1,452.00 NZD. Verify on MoJ.

Replace carpets - tenant contribution

Amount: $1,425.00
Awarded to: Landlord
Reason: Replace carpets - tenant contribution

Filing fee reimbursement

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

Net award

Landlord $1,452.00

Total payable by Tenant to Landlord

Landlord $1,452.00

Claim types — money lines allowed on this order

Filing Fee

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Celinda Tuigamala and Simolo Tomi must pay [The landlord/s] $1,452.00 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following 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.
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. 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: the carpets were damaged by pets, the damage included odours and staining caused by pet urine/excrement. The damage is more than fair wear and tear, the tenancy agreement prohibited pets inside and the tenant has not disproved liability for the damage.
The replacement cost of replacing the carpets is $2,851.96. The landlord has insurance. The excess is $2,500.
I must however take 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 carpets were replaced in November 2019. They were therefore more than 5 years old at the end of the tenancy. Carpets in a rental property have an expected lifespan of around 10 years. I have therefore awarded 50% of the actual cost of replacing the carpets which is $1,425, while not reimbursement of the full excess it is the landlords out of pocket cost, after considering depreciation and betterment principles.
The landlords request for reimbursement of the filing fee and name suppression are approved as the application is successful.
The tenants have agreed to pay $250 per fortnight to repay the amount owing, with payments commencing 30 July 2026. They should honour that agreement to avoid further debt collection costs with collecting the amount outstanding.

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 5190593 — net $1,452.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace carpets - tenant contribution	$1,425.00	Replace carpets - tenant contribution
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,452.00
Total payable by Tenant to Landlord	$1,452.00

Claims and awards for application 5190593 — net $1,452.00 NZD. Verify on MoJ.

Replace carpets - tenant contribution

Amount: $1,425.00
Awarded to: Landlord
Reason: Replace carpets - tenant contribution

Filing fee reimbursement

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

Net award

Landlord $1,452.00

Total payable by Tenant to Landlord

Landlord $1,452.00

Claim types — money lines allowed on this order

Filing Fee

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Celinda Tuigamala and Simolo Tomi must pay [The landlord/s] $1,452.00 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following 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.
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. 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: the carpets were damaged by pets, the damage included odours and staining caused by pet urine/excrement. The damage is more than fair wear and tear, the tenancy agreement prohibited pets inside and the tenant has not disproved liability for the damage.
The replacement cost of replacing the carpets is $2,851.96. The landlord has insurance. The excess is $2,500.
I must however take 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 carpets were replaced in November 2019. They were therefore more than 5 years old at the end of the tenancy. Carpets in a rental property have an expected lifespan of around 10 years. I have therefore awarded 50% of the actual cost of replacing the carpets which is $1,425, while not reimbursement of the full excess it is the landlords out of pocket cost, after considering depreciation and betterment principles.
The landlords request for reimbursement of the filing fee and name suppression are approved as the application is successful.
The tenants have agreed to pay $250 per fortnight to repay the amount owing, with payments commencing 30 July 2026. They should honour that agreement to avoid further debt collection costs with collecting the amount outstanding.

Tenancy Tribunal case 5190593 — Tenancy dispute at 64 Etherton Drive, Weymouth, Auckland 2103

At a glance

Award balance

Tenancy Tribunal case 5190593 — Tenancy dispute at 64 Etherton Drive, Weymouth, Auckland 2103

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

Frequently asked questions

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Frequently asked questions