What was Tenancy Tribunal case 5323260 about?

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

How much money was awarded in case 5323260?

Cleaning: $239.99 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Plastering And Painting Various Hole…: $1,560.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $20.00 awarded to landlord; Property Damage: $170.00 awarded to landlord; Property Damage: $681.64 awarded to tenant; Net Curtains: $80.00 awarded to landlord

What type of tenancy dispute was case 5323260?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5323260?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13236939-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5323260 about?

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

How much money was awarded in case 5323260?

Cleaning: $239.99 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Plastering And Painting Various Hole…: $1,560.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $20.00 awarded to landlord; Property Damage: $170.00 awarded to landlord; Property Damage: $681.64 awarded to tenant; Net Curtains: $80.00 awarded to landlord

What type of tenancy dispute was case 5323260?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5323260?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13236939-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5323260 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5323260 — net $1,916.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Carpet Cleaning	$239.99		Carpet Cleaning
Carpet patch repair	$500.00		Carpet patch repair
Repairs: net curtains	$80.00		Repairs: net curtains
Power use for repairs	$20.00		Power use for repairs
Replacement and painting of damaged door	$170.00		Replacement and painting of damaged door
Plastering and painting various holes on walls; painting	$1,560.00		Plastering and painting various holes on walls; painting
Filing fee reimbursement	$28.00		Filing fee reimbursement
damaged kitchen bench		$681.64	damaged kitchen bench
Total award	$2,597.99	$681.64
Net award	$1,916.35
Total payable by Tenant to Landlord	$1,916.35

The landlord attended the hearing represented. There was no attendance by the tenants.

The landlord has applied for compensation, and reimbursement of the filing fee 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.

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.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

I have taken into account betterment and 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 calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

The following damage was caused during the tenancy and repaired as stated: a. Rip in net curtains requiring repair at a cost of $80; b. Stain on carpet in lounge and bedroom that could not be removed by cleaning. Cleaning cost was $239.99. One stain was remedied with a carpet patch at a cost of $500; c. The front exterior door was damaged and the door required replacement and the new door painted. This cost $725 for the door, hinges and paint plus labour costs. I attribute 2 hours labour on the invoice provided by the landlord or $120 to this work, making a total of $845; d. The kitchen bench was damaged and the landlord remedied this by repainting it. In addition there were several holes, chips and scrapes on walls and other surfaces throughout the premises which required plastering and/or repainting. This work cost $1,560 including labour costs of $1,380 (23 hours). e. Power use for the repairs of $20 is also accepted.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Refurbishment of carpets and painted walls and surfaces was completed in July 2023 shortly before the tenancy started. Therefore, these items were less than 18 months old. In those circumstances, I have not depreciated the costs of the carpet patch repair nor repainting the walls.

The age of the front door is unknown and may be the original door of this 1920s cottage. Therefore, it should be fully depreciated. However, I accept that but for the damage, the door should have lasted longer. Therefore I award 20% of the repair costs for the unintended early replacement which is $170.

The amounts ordered are proved. The final award takes into account the balance bond received by the landlord of $681.64 after deduction of rent arrears and water rates.

As the landlord has substantially succeeded with their claims, they are entitled to suppression of their names and identifying details, as requested, and to reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 5323260 — net $1,916.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Carpet Cleaning	$239.99		Carpet Cleaning
Carpet patch repair	$500.00		Carpet patch repair
Repairs: net curtains	$80.00		Repairs: net curtains
Power use for repairs	$20.00		Power use for repairs
Replacement and painting of damaged door	$170.00		Replacement and painting of damaged door
Plastering and painting various holes on walls; painting	$1,560.00		Plastering and painting various holes on walls; painting
Filing fee reimbursement	$28.00		Filing fee reimbursement
damaged kitchen bench		$681.64	damaged kitchen bench
Total award	$2,597.99	$681.64
Net award	$1,916.35
Total payable by Tenant to Landlord	$1,916.35

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Wiremu Tamehana Ruka Allen and Dei-Chaan Wihape must pay [The landlord/s] $1,916.35 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing represented. There was no attendance by the tenants.
The landlord has applied for compensation, and reimbursement of the filing fee 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.
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
I have taken into account betterment and 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 calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The following damage was caused during the tenancy and repaired as stated: a. Rip in net curtains requiring repair at a cost of $80; b. Stain on carpet in lounge and bedroom that could not be removed by cleaning. Cleaning cost was $239.99. One stain was remedied with a carpet patch at a cost of $500; c. The front exterior door was damaged and the door required replacement and the new door painted. This cost $725 for the door, hinges and paint plus labour costs. I attribute 2 hours labour on the invoice provided by the landlord or $120 to this work, making a total of $845; d. The kitchen bench was damaged and the landlord remedied this by repainting it. In addition there were several holes, chips and scrapes on walls and other surfaces throughout the premises which required plastering and/or repainting. This work cost $1,560 including labour costs of $1,380 (23 hours). e. Power use for the repairs of $20 is also accepted.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Refurbishment of carpets and painted walls and surfaces was completed in July 2023 shortly before the tenancy started. Therefore, these items were less than 18 months old. In those circumstances, I have not depreciated the costs of the carpet patch repair nor repainting the walls.
The age of the front door is unknown and may be the original door of this 1920s cottage. Therefore, it should be fully depreciated. However, I accept that but for the damage, the door should have lasted longer. Therefore I award 20% of the repair costs for the unintended early replacement which is $170.
The amounts ordered are proved. The final award takes into account the balance bond received by the landlord of $681.64 after deduction of rent arrears and water rates.
As the landlord has substantially succeeded with their claims, they are entitled to suppression of their names and identifying details, as requested, and to reimbursement of the filing fee.

Tenancy Tribunal case 5323260 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5323260 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions