How much money was awarded in case 5269159?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5269159?

The dispute type was not classified.

Where can I read the official tribunal order for case 5269159?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12247437-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5269159?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5269159?

The dispute type was not classified.

Where can I read the official tribunal order for case 5269159?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12247437-Tribunal_Order_Redacted.pdf.

83 Lake Panorama Drive, Henderson Valley, Auckland 0612 Tenancy Tribunal Case 5269159 — Tenancy dispute

Q: What was Tenancy Tribunal case 5269159 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5269159. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
3. The bond centre is to refund the balance of the bond to the tenant		$575.00	3. The bond centre is to refund the balance of the bond to the tenant

An application for suppression has been made in this case, and the Tribunal orders suppression of both parties’ names and identifying details.

The landlord’s application for compensation and a refund of the balance of the bond is dismissed.

The bond centre is to refund the balance of the bond ($575) to the tenant.

Reasons

Both parties attended the hearing.

The landlord has applied for compensation 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.

I am satisfied that the damage to the carpet that occurred during the tenancy is a landlord responsibility as it is likely the damage occurred because of fair wear and tear.

In making this finding it is relevant that the carpet was 14 years old (and therefore at or past the the end of its useful life), that it had some damage at the beginning of the tenancy (as confirmed by the tenant’s photograph provided today) and that it was in a high sun and high traffic area.

While the landlord might have had the strip of carpet replaced to ensure that the property presented as well as possible when it was staged for sale, that does not equate to a finding that the tenant must pay the repair cost.

I have considered the landlord’s submission that the tenancy agreement prohibited pets and that the damage was likely caused by cats. This is accepted, however the tenant’s submission that a previous property manager specifically permitted her to have 2 cats is also relevant and cannot be tested. Her evidence that the cats were mostly outside, had a scratching pole that they used and did not scratch or damage any other furniture or carpet, is also relevant. Her submission that the additional damaged areas could equally have been caused by carpet beetles, or the weather is also relevant.

Even if I had accepted that the carpet damaged was caused (even in part) by the cats, betterment and depreciation principles would be relevant. In calculating depreciation, the age and condition of the carpet and its likely useful lifespan of 10 years according to IRD depreciation schedules for high use carpeted areas would have lead me to conclude that the liability lies with the landlord.

Overall, the applicant has not satisfied me that it is more likely than not that the tenant is liable for the cost of the carpet repairs sought.

Both parties requested name suppression, which is approved for both. The claim was at the margins and not therefore one that it was unreasonable to make.

Order

Claims and awards in Tenancy Tribunal application 5269159. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
3. The bond centre is to refund the balance of the bond to the tenant		$575.00	3. The bond centre is to refund the balance of the bond to the tenant

An application for suppression has been made in this case, and the Tribunal orders suppression of both parties’ names and identifying details.

The landlord’s application for compensation and a refund of the balance of the bond is dismissed.

The bond centre is to refund the balance of the bond ($575) to the tenant.

Reasons

Both parties attended the hearing.

The landlord has applied for compensation following the end of the tenancy.

Is the tenant responsible for the damage to the premises?

I am satisfied that the damage to the carpet that occurred during the tenancy is a landlord responsibility as it is likely the damage occurred because of fair wear and tear.

Overall, the applicant has not satisfied me that it is more likely than not that the tenant is liable for the cost of the carpet repairs sought.

Both parties requested name suppression, which is approved for both. The claim was at the margins and not therefore one that it was unreasonable to make.

Tenancy Tribunal case 5269159 — Tenancy dispute at 83 Lake Panorama Drive, Henderson Valley, Auckland 0612

At a glance

Claims & awards

Tenancy Tribunal case 5269159 — Tenancy dispute at 83 Lake Panorama Drive, Henderson Valley, Auckland 0612

At a glance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Frequently asked questions