What was Tenancy Tribunal case 5266161 about?

The tribunal order states: [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] and [The tenant/s] landlord/s] $1,070.49

How much money was awarded in case 5266161?

Filing Fee: $27.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Replace Curtains: $190.00 awarded to landlord; Replace Furnishings: Carpet: $485.00 awarded to landlord; Water Rates: $68.49 awarded to landlord

What type of tenancy dispute was case 5266161?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5266161?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12376122-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5266161 about?

The tribunal order states: [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] and [The tenant/s] landlord/s] $1,070.49

How much money was awarded in case 5266161?

Filing Fee: $27.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Replace Curtains: $190.00 awarded to landlord; Replace Furnishings: Carpet: $485.00 awarded to landlord; Water Rates: $68.49 awarded to landlord

What type of tenancy dispute was case 5266161?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5266161?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12376122-Tenancy_Tribunal_Order.pdf.

121A Brian Crescent, Stanmore Bay, Whangaparaoa 0932 Tenancy Tribunal Case 5266161 — Property damage

Claims and awards in Tenancy Tribunal application 5266161 — net $1,070.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace curtains	$190.00	Replace curtains
Paint work: smoke damage	$300.00	Paint work: smoke damage
Water rates 06-11/24	$68.49	4. The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy whi…
Replace furnishings: carpet	$485.00	Replace furnishings: carpet
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,070.49
Total payable by Tenant to Landlord	$1,070.49

Order

[The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] and [The tenant/s] landlord/s] $1,070.49 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,530.00 (6025561-009) in the following proportions immediately: $1,070.49 to [The tenant/s] landlord/s] and [The tenant/s] landlord/s] $459.51 to [The tenant/s] tenant/s]

Reasons

The landlord attended the hearing represented by Ms Tetlow.
Mr Blockley did not answer the calls to his phone at the time of the hearing. He had emailed the Tribunal the night prior to the hearing advising that he had just been discharged from hospital with influenza. He confirmed his phone number but did not ask for an adjournment.
As Mr Blockley did not apply for an adjournment or answer the calls made to his confirmed number at the time of the hearing, pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.
The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy which lasted several years and ended in November 2024.
As applicant, the landlord is required to prove their claims to the civil evidential standard being the balance of probabilities, or what is more likely than not.

How much is owed for rent water rates?

The tenancy ended on 10 November 2024. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy as Mr Blockley had not paid his required rates between June and November.
Accordingly, the amounts sought are ordered.

Is the tenant responsible for the damage to the premises?

The landlord seeks compensation for the costs they have been put to from the tenant smoking in the property in breach of the tenancy agreement and stains on the carpet.
To be successful in such a claim, the 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 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 (s49B cap).
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. Carpet stain
The landlord has established in evidence that the living room carpet was extensively stained during the tenancy. They have also established that the stain could not be removed with cleaning and as such it was replaced. Their insurance company covered the cost ($1,941.78) but they seek the $750 excess they paid.
Based on the evidence I am satisfied that the damage was caused carelessly. Accordingly, Mr Blockley is liable for the repair cost subject to the s49B cap and depreciation.
The Tribunal must consider betterment and depreciation. The landlord is entitled to 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 betterment and depreciation, the Tribunal will consider the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The carpets were installed when the house was built in 2016. The estimated life span of carpets in New Zealand residential properties is 8-12 years in living areas. Accordingly, this carpet was close to the end of its lifespan although I accept the evidence that it was in otherwise good condition. Taking into account depreciation, I consider that an award of $485 is reasonable being 25% of the actual cost of the replacement. Smoke damage
The alleged damage caused by Mr Blockley smoking is discoloration to the walls in the garage which needed to be repainted and the curtains smelling. The landlord has provided evidence that they attempted to have Mr Blockley cease smoking inside during the tenancy.
I accept the landlord’s oral evidence that the curtains smelt so extensively that a wash was insufficient to eliminate the smell and as such they needed to be replaced. The total cost to the landlord in replacing the curtains was $754 however in assessing such a claim, as above I must consider depreciation.
Curtains have an expected lifespan in New Zealand residential tenancies of eight years. These curtains were new with the home, therefore had reached the end of their expected lifespan. I do accept however that they were in otherwise good condition and would have had more useable life had they not been damaged. Based on the above I find that an award of $190 is reasonable in the circumstances.
Regarding the painting of the garage walls, the paintwork was also 9 years old and the expected lifespan of painted walls in a garage is 10-14 years. The actual cost was approximately $750 and as such I consider an award of $300 is reasonable in light of the evidence.
Because [The tenant/s] landlord/s] and [The tenant/s] landlord/s] have substantially succeeded with the claim, I have reimbursed the filing fee.
The bond is to be distributed in accordance with my findings.

Claims and awards in Tenancy Tribunal application 5266161 — net $1,070.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace curtains	$190.00	Replace curtains
Paint work: smoke damage	$300.00	Paint work: smoke damage
Water rates 06-11/24	$68.49	4. The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy whi…
Replace furnishings: carpet	$485.00	Replace furnishings: carpet
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,070.49
Total payable by Tenant to Landlord	$1,070.49

Order

[The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] and [The tenant/s] landlord/s] $1,070.49 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,530.00 (6025561-009) in the following proportions immediately: $1,070.49 to [The tenant/s] landlord/s] and [The tenant/s] landlord/s] $459.51 to [The tenant/s] tenant/s]

Reasons

The landlord attended the hearing represented by Ms Tetlow.
Mr Blockley did not answer the calls to his phone at the time of the hearing. He had emailed the Tribunal the night prior to the hearing advising that he had just been discharged from hospital with influenza. He confirmed his phone number but did not ask for an adjournment.
As Mr Blockley did not apply for an adjournment or answer the calls made to his confirmed number at the time of the hearing, pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.
The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy which lasted several years and ended in November 2024.
As applicant, the landlord is required to prove their claims to the civil evidential standard being the balance of probabilities, or what is more likely than not.

How much is owed for rent water rates?

The tenancy ended on 10 November 2024. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy as Mr Blockley had not paid his required rates between June and November.
Accordingly, the amounts sought are ordered.

Is the tenant responsible for the damage to the premises?

The landlord seeks compensation for the costs they have been put to from the tenant smoking in the property in breach of the tenancy agreement and stains on the carpet.
To be successful in such a claim, the 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 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 (s49B cap).
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. Carpet stain
The landlord has established in evidence that the living room carpet was extensively stained during the tenancy. They have also established that the stain could not be removed with cleaning and as such it was replaced. Their insurance company covered the cost ($1,941.78) but they seek the $750 excess they paid.
Based on the evidence I am satisfied that the damage was caused carelessly. Accordingly, Mr Blockley is liable for the repair cost subject to the s49B cap and depreciation.
The Tribunal must consider betterment and depreciation. The landlord is entitled to 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 betterment and depreciation, the Tribunal will consider the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The carpets were installed when the house was built in 2016. The estimated life span of carpets in New Zealand residential properties is 8-12 years in living areas. Accordingly, this carpet was close to the end of its lifespan although I accept the evidence that it was in otherwise good condition. Taking into account depreciation, I consider that an award of $485 is reasonable being 25% of the actual cost of the replacement. Smoke damage
The alleged damage caused by Mr Blockley smoking is discoloration to the walls in the garage which needed to be repainted and the curtains smelling. The landlord has provided evidence that they attempted to have Mr Blockley cease smoking inside during the tenancy.
I accept the landlord’s oral evidence that the curtains smelt so extensively that a wash was insufficient to eliminate the smell and as such they needed to be replaced. The total cost to the landlord in replacing the curtains was $754 however in assessing such a claim, as above I must consider depreciation.
Curtains have an expected lifespan in New Zealand residential tenancies of eight years. These curtains were new with the home, therefore had reached the end of their expected lifespan. I do accept however that they were in otherwise good condition and would have had more useable life had they not been damaged. Based on the above I find that an award of $190 is reasonable in the circumstances.
Regarding the painting of the garage walls, the paintwork was also 9 years old and the expected lifespan of painted walls in a garage is 10-14 years. The actual cost was approximately $750 and as such I consider an award of $300 is reasonable in light of the evidence.
Because [The tenant/s] landlord/s] and [The tenant/s] landlord/s] have substantially succeeded with the claim, I have reimbursed the filing fee.
The bond is to be distributed in accordance with my findings.

Tenancy Tribunal case 5266161 — Property damage at 121A Brian Crescent, Stanmore Bay, Whangaparaoa 0932

At a glance

Tenancy Tribunal case 5266161 — Property damage at 121A Brian Crescent, Stanmore Bay, Whangaparaoa 0932

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

How much is owed for rent water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.