What was Tenancy Tribunal case 5318160 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s]

How much money was awarded in case 5318160?

Filing Fee: $28.00 awarded to landlord; Replace Furnishings: Carpet: $1,820.00 awarded to landlord

What type of tenancy dispute was case 5318160?

The dispute type was not classified.

Where can I read the official tribunal order for case 5318160?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12580794-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5318160 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s]

How much money was awarded in case 5318160?

Filing Fee: $28.00 awarded to landlord; Replace Furnishings: Carpet: $1,820.00 awarded to landlord

What type of tenancy dispute was case 5318160?

The dispute type was not classified.

Where can I read the official tribunal order for case 5318160?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12580794-Tenancy_Tribunal_Order.pdf.

8 Glanmire Road, Newlands, Wellington 6037 Tenancy Tribunal Case 5318160 — Tenancy dispute

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8 Glanmire Road, Newlands, Wellington 6037 Tenancy Tribunal Case 5318160 — Tenancy dispute | 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 5318160 — net $1,848.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: Carpet	$1,820.00	Replace furnishings: Carpet
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,848.00
Total payable by Tenant to Landlord	$1,848.00

Claims and awards for application 5318160 — net $1,848.00 NZD. Verify on MoJ.

Replace furnishings: Carpet

Amount: $1,820.00
Awarded to: Landlord
Reason: Replace furnishings: Carpet

Filing fee reimbursement

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

Net award

Landlord $1,848.00

Total payable by Tenant to Landlord

Landlord $1,848.00

Claim types — money lines allowed on this order

Filing Fee

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $1,848.00 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing, conducted via teleconference.
The landlord has applied for compensation for the replacement of carpet following the end of the tenancy.

Is the tenant responsible for the damage to the carpet?

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.
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.
The tenant accepted the carpet was damaged by deep staining that could not be removed by her engaging professional cleaners. Unfortunately, the landlord advised that any loss protection via landlord insurance was not available here as the damage was not deemed a single event and the actual replacement cost incurred is lesser than the sum of excesses that would apply.
The landlord provided photos and an invoice for replacement. The invoice totalled $1,820.00.
Given the mutual agreement regarding the cause and liability these were not reviewed in detail but if needed, a determination of tenant liability of the invoiced cost would have ensued.
The amount ordered is proved.
I have not applied depreciation. The landlord 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 considering (but not applying) depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. This carpet was new at commencement (six months old at exit) and of a high quality. The landlord mitigated the loss through the reuse of underlay and accepting stains elsewhere. Filing fee
Because [The tenant/s] landlord/s] has wholly succeeded with the claim I must reimburse the filing 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 5318160 — net $1,848.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: Carpet	$1,820.00	Replace furnishings: Carpet
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,848.00
Total payable by Tenant to Landlord	$1,848.00

Claims and awards for application 5318160 — net $1,848.00 NZD. Verify on MoJ.

Replace furnishings: Carpet

Amount: $1,820.00
Awarded to: Landlord
Reason: Replace furnishings: Carpet

Filing fee reimbursement

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

Net award

Landlord $1,848.00

Total payable by Tenant to Landlord

Landlord $1,848.00

Claim types — money lines allowed on this order

Filing Fee

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $1,848.00 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing, conducted via teleconference.
The landlord has applied for compensation for the replacement of carpet following the end of the tenancy.

Is the tenant responsible for the damage to the carpet?

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.
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.
The tenant accepted the carpet was damaged by deep staining that could not be removed by her engaging professional cleaners. Unfortunately, the landlord advised that any loss protection via landlord insurance was not available here as the damage was not deemed a single event and the actual replacement cost incurred is lesser than the sum of excesses that would apply.
The landlord provided photos and an invoice for replacement. The invoice totalled $1,820.00.
Given the mutual agreement regarding the cause and liability these were not reviewed in detail but if needed, a determination of tenant liability of the invoiced cost would have ensued.
The amount ordered is proved.
I have not applied depreciation. The landlord 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 considering (but not applying) depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. This carpet was new at commencement (six months old at exit) and of a high quality. The landlord mitigated the loss through the reuse of underlay and accepting stains elsewhere. Filing fee
Because [The tenant/s] landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5318160 — Tenancy dispute at 8 Glanmire Road, Newlands, Wellington 6037

At a glance

Tenancy Tribunal case 5318160 — Tenancy dispute at 8 Glanmire Road, Newlands, Wellington 6037

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the carpet?

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

Is the tenant responsible for the damage to the carpet?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.