What was Tenancy Tribunal case 5278087 about?

The tribunal order states: [The tenant/s] tenant/s] to pay Goodwin Realty Limited as agent for Reg Price $1,027.00

How much money was awarded in case 5278087?

Filing Fee: $27.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord

What type of tenancy dispute was case 5278087?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5278087?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12300066-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5278087 about?

The tribunal order states: [The tenant/s] tenant/s] to pay Goodwin Realty Limited as agent for Reg Price $1,027.00

How much money was awarded in case 5278087?

Filing Fee: $27.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord

What type of tenancy dispute was case 5278087?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5278087?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12300066-Tenancy_Tribunal_Order.pdf.

9 Picton Street, Freemans Bay, Auckland 1011 Tenancy Tribunal Case 5278087 — Property damage

Tenantcheck Insights

9 Picton Street, Freemans Bay, Auckland 1011 Tenancy Tribunal Case 5278087 — 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 5278087 — net $1,027.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Paint repairs	$1,000.00	Paint repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,027.00
Bond	$8,000.00
Total payable by Tenant to Landlord	$1,027.00

Claims and awards for application 5278087 — net $1,027.00 NZD. Verify on MoJ.

Paint repairs

Amount: $1,000.00
Awarded to: Landlord
Reason: Paint repairs

Filing fee reimbursement

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

Net award

Landlord $1,027.00

Bond

Landlord $8,000.00

Total payable by Tenant to Landlord

Landlord $1,027.00

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

[The tenant/s] tenant/s] to pay Goodwin Realty Limited as agent for Reg Price $1,027.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $8,000.00 (5290017-005) immediately apportioned as follows: Goodwin Realty Limited as agent for Reg Price: $1,027.00 [The tenant/s] tenant/s]: $6,973.00

Reasons

Both parties attended the hearing.
The landlord has applied for compensation for the cost of wall repairs, reimbursement of the filing fee, and payment from the bond following the end of the tenancy.

Is the tenant responsible for the damage to the premises?

The landlord applies for a contribution to its costs to repair and repaint walls that were damaged by the tenant attaching pictures and other hangings to the wall using screws or nails that holed the walls.
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.
The tenant repaired the holes. However, the repairs were incomplete.
The landlord paid a contractor $3,105.00 for repairs and repainting.
Mr Burke submitted photographs of the alleged damage. Some of the damage is fair wear and tear. However, other damage is due to intentionally screwing or nailing items to the walls.
Mr Burke submits the Tribunal should order at least 50 per cent of the cost of repairs. The tenant submits that $1,000.00 is the appropriate amount.
In my assessment, the tenant is liable for about one-third of the cost of the repairs and painting. I have taken account of depreciation and betterment in making that assessment.
Therefore, I order the tenant to pay the landlord $1,000.00, which is to be paid out from the bond. Filing fee
The tenant must reimburse the landlord for the filing fee. Bond
The bond is to be paid out in accordance with this order.

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 5278087 — net $1,027.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Paint repairs	$1,000.00	Paint repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,027.00
Bond	$8,000.00
Total payable by Tenant to Landlord	$1,027.00

Claims and awards for application 5278087 — net $1,027.00 NZD. Verify on MoJ.

Paint repairs

Amount: $1,000.00
Awarded to: Landlord
Reason: Paint repairs

Filing fee reimbursement

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

Net award

Landlord $1,027.00

Bond

Landlord $8,000.00

Total payable by Tenant to Landlord

Landlord $1,027.00

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

[The tenant/s] tenant/s] to pay Goodwin Realty Limited as agent for Reg Price $1,027.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $8,000.00 (5290017-005) immediately apportioned as follows: Goodwin Realty Limited as agent for Reg Price: $1,027.00 [The tenant/s] tenant/s]: $6,973.00

Reasons

Both parties attended the hearing.
The landlord has applied for compensation for the cost of wall repairs, reimbursement of the filing fee, and payment from the bond following the end of the tenancy.

Is the tenant responsible for the damage to the premises?

The landlord applies for a contribution to its costs to repair and repaint walls that were damaged by the tenant attaching pictures and other hangings to the wall using screws or nails that holed the walls.
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.
The tenant repaired the holes. However, the repairs were incomplete.
The landlord paid a contractor $3,105.00 for repairs and repainting.
Mr Burke submitted photographs of the alleged damage. Some of the damage is fair wear and tear. However, other damage is due to intentionally screwing or nailing items to the walls.
Mr Burke submits the Tribunal should order at least 50 per cent of the cost of repairs. The tenant submits that $1,000.00 is the appropriate amount.
In my assessment, the tenant is liable for about one-third of the cost of the repairs and painting. I have taken account of depreciation and betterment in making that assessment.
Therefore, I order the tenant to pay the landlord $1,000.00, which is to be paid out from the bond. Filing fee
The tenant must reimburse the landlord for the filing fee. Bond
The bond is to be paid out in accordance with this order.

Tenancy Tribunal case 5278087 — Property damage at 9 Picton Street, Freemans Bay, Auckland 1011

At a glance

Tenancy Tribunal case 5278087 — Property damage at 9 Picton Street, Freemans Bay, Auckland 1011

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.