What was Tenancy Tribunal case 5262285 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 5262285?

Filing Fee: $27.00 awarded to landlord; Kitchen Vinyl: $448.20 awarded to landlord; Property Damage: $100.00 awarded to landlord

What type of tenancy dispute was case 5262285?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5262285?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12278754-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5262285 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 5262285?

Filing Fee: $27.00 awarded to landlord; Kitchen Vinyl: $448.20 awarded to landlord; Property Damage: $100.00 awarded to landlord

What type of tenancy dispute was case 5262285?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5262285?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12278754-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5262285 — Property damage

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New Zealand Tenancy Tribunal Case 5262285 — 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 5262285 — net $575.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs to laundry vinyl depreciated	$448.20	Repairs to laundry vinyl depreciated
Repairs to walls	$100.00	Repairs to walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$575.20
Bond	$2,760.00
Total payable by Tenant to Landlord	$575.20

Claims and awards for application 5262285 — net $575.20 NZD. Verify on MoJ.

Repairs to laundry vinyl depreciated

Amount: $448.20
Awarded to: Landlord
Reason: Repairs to laundry vinyl depreciated

Repairs to walls

Amount: $100.00
Awarded to: Landlord
Reason: Repairs to walls

Filing fee reimbursement

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

Net award

Landlord $575.20

Bond

Landlord $2,760.00

Total payable by Tenant to Landlord

Landlord $575.20

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Zubair Rehman and Beenish Hameed to pay the landlord $575.20 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,760.00 ([Bond number suppressed]) immediately apportioned as follows: The landlord: $575.20 Zubair Rehman and Beenish Hameed: $2,184.80

Reasons

Both parties attended the hearing. Zubair Rehman represented Beenish Hameed.
The landlord has applied for compensation from the bond, 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.
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.
The vinyl was stained during the tenancy. The stains could not be removed. The damage is more than fair wear and tear. The tenant is liable for the cost of replacement vinyl. 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. The tenancy was for 21 months in a new property. I have given the vinyl a life of 10 years. The depreciation is 21/120 x $543.26 = $95.07. Replacement cost less depreciation is $448.20.
There was minor damage to the walls. The repair cost is acceptable. It is less than is usually charged for minor repairs to walls.
The amounts ordered are proved.
The tenant has said that he was not given opportunity toi carry our remedial work however under the provisions of the Residential Tenancies Act 1986, a landlord is not required to let the tenant back into the property after the tenancy ends. Filing fee
Because the landlord has been partly successful with the claim the filing fee of $28.00 is ordered to be paid by the tenant. Suppression
The landlord has applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded with the claim and therefore name suppression is granted.

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 5262285 — net $575.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs to laundry vinyl depreciated	$448.20	Repairs to laundry vinyl depreciated
Repairs to walls	$100.00	Repairs to walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$575.20
Bond	$2,760.00
Total payable by Tenant to Landlord	$575.20

Claims and awards for application 5262285 — net $575.20 NZD. Verify on MoJ.

Repairs to laundry vinyl depreciated

Amount: $448.20
Awarded to: Landlord
Reason: Repairs to laundry vinyl depreciated

Repairs to walls

Amount: $100.00
Awarded to: Landlord
Reason: Repairs to walls

Filing fee reimbursement

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

Net award

Landlord $575.20

Bond

Landlord $2,760.00

Total payable by Tenant to Landlord

Landlord $575.20

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Zubair Rehman and Beenish Hameed to pay the landlord $575.20 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,760.00 ([Bond number suppressed]) immediately apportioned as follows: The landlord: $575.20 Zubair Rehman and Beenish Hameed: $2,184.80

Reasons

Both parties attended the hearing. Zubair Rehman represented Beenish Hameed.
The landlord has applied for compensation from the bond, 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.
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.
The vinyl was stained during the tenancy. The stains could not be removed. The damage is more than fair wear and tear. The tenant is liable for the cost of replacement vinyl. 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. The tenancy was for 21 months in a new property. I have given the vinyl a life of 10 years. The depreciation is 21/120 x $543.26 = $95.07. Replacement cost less depreciation is $448.20.
There was minor damage to the walls. The repair cost is acceptable. It is less than is usually charged for minor repairs to walls.
The amounts ordered are proved.
The tenant has said that he was not given opportunity toi carry our remedial work however under the provisions of the Residential Tenancies Act 1986, a landlord is not required to let the tenant back into the property after the tenancy ends. Filing fee
Because the landlord has been partly successful with the claim the filing fee of $28.00 is ordered to be paid by the tenant. Suppression
The landlord has applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded with the claim and therefore name suppression is granted.

Tenancy Tribunal case 5262285 — Property damage

At a glance

Tenancy Tribunal case 5262285 — 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