What was Tenancy Tribunal case 5315481 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] And David John

How much money was awarded in case 5315481?

Filing Fee: $28.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Rent Arrears: $10,120.00 awarded to landlord

What type of tenancy dispute was case 5315481?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5315481?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13159534-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5315481 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] And David John

How much money was awarded in case 5315481?

Filing Fee: $28.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Rent Arrears: $10,120.00 awarded to landlord

What type of tenancy dispute was case 5315481?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5315481?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13159534-Tenancy_Tribunal_Order.pdf.

16 Milton Street, Gore, Gore 9710 Tenancy Tribunal Case 5315481 — Rent arrears

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16 Milton Street, Gore, Gore 9710 Tenancy Tribunal Case 5315481 — Rent arrears | 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 5315481 — net $8,998.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 10 May 2025	$10,120.00		Rent arrears to 10 May 2025
Living room carpet damage	$350.00		Living room carpet damage
Filing fee reimbursement	$28.00		Filing fee reimbursement
Less bond paid to landlord		$1,500.00	Less bond paid to landlord
Total award	$10,498.00	$1,500.00
Net award	$8,998.00
Total payable by Tenant to Landlord	$8,998.00

Claims and awards for application 5315481 — net $8,998.00 NZD. Verify on MoJ.

Rent arrears to 10 May 2025

Amount: $10,120.00
Awarded to: Landlord
Reason: Rent arrears to 10 May 2025

Living room carpet damage

Amount: $350.00
Awarded to: Landlord
Reason: Living room carpet damage

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Less bond paid to landlord

Amount: $1,500.00
Awarded to: Tenant
Reason: Less bond paid to landlord

Total award

Landlord $10,498.00 · Tenant $1,500.00

Net award

Landlord $8,998.00

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

[The tenant/s] must pay [The landlord/s] And David John Robertson As Trustees For The D J & K L Robertson Family Trust $8,998.00 immediately, calculated as shown in table below.

Reasons

Ms Robertson attended the hearing for the landlords. The tenant was phoned on the number provided but the call went to voicemail.
The landlords have applied for rent arrears totalling $10,120.00, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 10 May 2025. The landlords provided rent records which prove the amount of rent claimed.

Is the tenant responsible for the damage to the carpet premises?

To be successful in a claim for damage to the premises, the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability the tenant must prove they, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986.
The landlords have established that the living room carpet at the premises was damaged by burns near the wood burner. The damage is more than fair wear and tear and the tenant has not disproved liability for it.
The cost to replace the living room carpet was $3,895.00 and the landlords claim the insurance excess ($1,500.00) payable by them to have the carpet replaced.
When assessing the amount of compensation payable for the damage, I have taken into account betterment and depreciation. The landlords 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. In calculating depreciation, I have taken into account the age and condition of the carpets at the start of the tenancy and their likely useful lifespan. Carpets in a living room are expected to last between 8 and 12 years before requiring replacement. Ms Robertson said that they purchased the property in 2020 and she was unsure of the age of the carpets at that time but said that they were in good condition. Doing the best I can on the evidence before me I consider that the carpet was likely near the end of its useful life and that compensation of $350.00 is reasonable.
The landlords have been successful in their claims and are therefore entitled to payment of the Tribunal application fee.

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 5315481 — net $8,998.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 10 May 2025	$10,120.00		Rent arrears to 10 May 2025
Living room carpet damage	$350.00		Living room carpet damage
Filing fee reimbursement	$28.00		Filing fee reimbursement
Less bond paid to landlord		$1,500.00	Less bond paid to landlord
Total award	$10,498.00	$1,500.00
Net award	$8,998.00
Total payable by Tenant to Landlord	$8,998.00

Claims and awards for application 5315481 — net $8,998.00 NZD. Verify on MoJ.

Rent arrears to 10 May 2025

Amount: $10,120.00
Awarded to: Landlord
Reason: Rent arrears to 10 May 2025

Living room carpet damage

Amount: $350.00
Awarded to: Landlord
Reason: Living room carpet damage

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Less bond paid to landlord

Amount: $1,500.00
Awarded to: Tenant
Reason: Less bond paid to landlord

Total award

Landlord $10,498.00 · Tenant $1,500.00

Net award

Landlord $8,998.00

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

[The tenant/s] must pay [The landlord/s] And David John Robertson As Trustees For The D J & K L Robertson Family Trust $8,998.00 immediately, calculated as shown in table below.

Reasons

Ms Robertson attended the hearing for the landlords. The tenant was phoned on the number provided but the call went to voicemail.
The landlords have applied for rent arrears totalling $10,120.00, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 10 May 2025. The landlords provided rent records which prove the amount of rent claimed.

Is the tenant responsible for the damage to the carpet premises?

To be successful in a claim for damage to the premises, the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability the tenant must prove they, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986.
The landlords have established that the living room carpet at the premises was damaged by burns near the wood burner. The damage is more than fair wear and tear and the tenant has not disproved liability for it.
The cost to replace the living room carpet was $3,895.00 and the landlords claim the insurance excess ($1,500.00) payable by them to have the carpet replaced.
When assessing the amount of compensation payable for the damage, I have taken into account betterment and depreciation. The landlords 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. In calculating depreciation, I have taken into account the age and condition of the carpets at the start of the tenancy and their likely useful lifespan. Carpets in a living room are expected to last between 8 and 12 years before requiring replacement. Ms Robertson said that they purchased the property in 2020 and she was unsure of the age of the carpets at that time but said that they were in good condition. Doing the best I can on the evidence before me I consider that the carpet was likely near the end of its useful life and that compensation of $350.00 is reasonable.
The landlords have been successful in their claims and are therefore entitled to payment of the Tribunal application fee.

Tenancy Tribunal case 5315481 — Rent arrears at 16 Milton Street, Gore, Gore 9710

At a glance

Tenancy Tribunal case 5315481 — Rent arrears at 16 Milton Street, Gore, Gore 9710

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the carpet premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the carpet premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions