How much money was awarded in case 5340228?

Filing Fee: $28.00 awarded to landlord; Property Damage: $1,960.00 awarded to landlord

What type of tenancy dispute was case 5340228?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5340228?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12765733-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5340228?

Filing Fee: $28.00 awarded to landlord; Property Damage: $1,960.00 awarded to landlord

What type of tenancy dispute was case 5340228?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5340228?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12765733-Tenancy_Tribunal_Order.pdf.

28 Kings Drive, Levin, Levin 5510 Tenancy Tribunal Case 5340228 — Property damage

Q: What was Tenancy Tribunal case 5340228 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Team Group Rentals Limited as the agent for Tim

Order

Claims and awards in Tenancy Tribunal application 5340228 — net $28.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Carpet (contribution to repairs	$1,960.00	Repairs: Carpet (contribution to repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$28.00
Total payable by Tenant to Landlord	$28.00

[The tenant/s] tenant/s] must pay Team Group Rentals Limited as the agent for Tim Alexander and [The tenant/s] landlord/s] $28.00 immediately, as calculated in the table below:

The Bond Centre is to pay the bond of $1,960.00 (BN-00007417) to Team Group Rentals Limited as the agent for Tim Alexander and [The tenant/s] landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not attend and did not respond despite being telephoned on the number ending in 892.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

In particular, the landlord claims for carpet damage at 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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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.

The landlord claims for carpet replacement caused by red staining throughout the property. They say they were required to replace the carpet at the invoiced amount of $4,764.05. Photographs of the staining have been provided. There was no insurance available, as the insurance company considered each room to be a separate event, resulting in the excesses being more expensive than the repair cost.

The landlord says that although the carpet was not new, it also was not that old and was in good condition at the commencement of the tenancy.

I would have reduced the total amount of $4,764.05 to reflect likely depreciation of the carpet, and fair wear and tear expected at the end of a tenancy. The landlord should be returned to the position they would have been in had the tenant not breached their obligations but should not be better or worse off.

However, as the landlord has only requested the bond to contribute to the replacement costs, I consider that this is a reasonable contribution to the damage caused, and it is not necessary to carry out any detailed exercise of deductions. It is likely that even with these deductions, the amount awarded would have been higher than the bond amount.

The following damage was caused during the tenancy: Carpet staining. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proved.

Because Team Group Rentals Limited as the agent for Tim Alexander and Jo- Anne Lundon has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 25 November 2025

Claims and awards in Tenancy Tribunal application 5340228 — net $28.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Carpet (contribution to repairs	$1,960.00	Repairs: Carpet (contribution to repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$28.00
Total payable by Tenant to Landlord	$28.00

Order

[The tenant/s] tenant/s] must pay Team Group Rentals Limited as the agent for Tim Alexander and [The tenant/s] landlord/s] $28.00 immediately, as calculated in the table below:
The Bond Centre is to pay the bond of $1,960.00 (BN-00007417) to Team Group Rentals Limited as the agent for Tim Alexander and [The tenant/s] landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not attend and did not respond despite being telephoned on the number ending in 892.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
In particular, the landlord claims for carpet damage at 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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
The landlord claims for carpet replacement caused by red staining throughout the property. They say they were required to replace the carpet at the invoiced amount of $4,764.05. Photographs of the staining have been provided. There was no insurance available, as the insurance company considered each room to be a separate event, resulting in the excesses being more expensive than the repair cost.
The landlord says that although the carpet was not new, it also was not that old and was in good condition at the commencement of the tenancy.
I would have reduced the total amount of $4,764.05 to reflect likely depreciation of the carpet, and fair wear and tear expected at the end of a tenancy. The landlord should be returned to the position they would have been in had the tenant not breached their obligations but should not be better or worse off.
However, as the landlord has only requested the bond to contribute to the replacement costs, I consider that this is a reasonable contribution to the damage caused, and it is not necessary to carry out any detailed exercise of deductions. It is likely that even with these deductions, the amount awarded would have been higher than the bond amount.
The following damage was caused during the tenancy: Carpet staining. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
Because Team Group Rentals Limited as the agent for Tim Alexander and Jo- Anne Lundon has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 25 November 2025

Tenancy Tribunal case 5340228 — Property damage at 28 Kings Drive, Levin, Levin 5510

At a glance

Tenancy Tribunal case 5340228 — Property damage at 28 Kings Drive, Levin, Levin 5510

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

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

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.