Published tribunal order
Tenancy Tribunal case 5303424 — Property damage at 26 Karos Lane, Northwood, Christchurch 8051
Decided 21 Aug 2025 · Published 21 Aug 2025 · Application 5303424
- Property damage
Party names are redacted in the official published order.
Order
- The Bond Centre is to pay the bond of $1,128.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Reasons
- Both parties attended the hearing.
- The landlord has applied for compensation, a refund of the part of the bond held at the bond centre, and reimbursement of the filing fee following the end of the tenancy.
- The tenants have also applied for a refund of the balance of the bond.
Did the tenant comply with their obligations at the end of the tenancy?
- At the end of the tenancy the tenant must leave the premises, including the carpets in a reasonably clean and tidy condition.
- The photographs provided confirm that the carpets, which were brand new at the commencement of the tenancy were stained at the end of the tenancy.
- The tenants had the carpets professionally cleaned, but unfortunately the cleaning has damaged the carpets. The photographs provided and the report from Jaes confirms that the carpet was discoloured and damaged in the bedroom and lounge.
- The landlord has insurance and has had to pay an excess per room to have the carpets replaced.
- I am satisfied that the carpet cleaning has damaged the carpets, and the damage is therefore caused by carelessness when cleaning the carpets, either on the part of the tenants or the carpet cleaners they engaged.
- I am not satisfied that the damage was caused by fair wear and tear. As noted, this maybe an issue that the tenants take up with the carpet cleaners they engaged, but that is not the landlord’s issue.
- Where 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.
- The landlord is claiming the excess disclosed on the tenancy agreement (and not the higher excess the owner had to pay, which means the owner is also out of pocket).
- The amounts ordered are proved.
- As the application is successful the tenants are to pay the filing fee.
- Name suppression is approved for both parties.