How much money was awarded in case 5347417?

Filing Fee: $28.00 awarded to landlord; Property Damage: $1,650.00 awarded to landlord; Bedroom Door: $179.99 awarded to landlord

What type of tenancy dispute was case 5347417?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5347417?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12873995-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5347417?

Filing Fee: $28.00 awarded to landlord; Property Damage: $1,650.00 awarded to landlord; Bedroom Door: $179.99 awarded to landlord

What type of tenancy dispute was case 5347417?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5347417?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12873995-Tenancy_Tribunal_Order.pdf.

3 Kiwi Place, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 5347417 — Property damage

Q: What was Tenancy Tribunal case 5347417 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Compass Property Management

Order

Claims and awards in Tenancy Tribunal application 5347417 — net $101.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess for carpet	$1,650.00	Insurance excess for carpet
Repairs: Bedroom door	$179.99	Repairs: Bedroom door
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$101.49
Total payable by Tenant to Landlord	$101.49

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Compass Property Management Limited As Agents For Zhilin Zheng & Daguang Sun $101.49 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,756.50 (3283100-012) to Compass Property Management Limited As Agents For Zhilin Zheng & Daguang Sun immediately.

Reasons

The landlord attended the hearing. The tenant did not.

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

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Is the tenant responsible for damage that occurred during the tenancy?

The law

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 the did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. 1 Carpet

The landlord claims the tenant is responsible for damaging the carpet in three bedrooms. The landlord did not submit a copy of the entry inspection report and claims this was lost when the property management company changed software. The landlord submitted photographs taken during a routine inspection on 1 September 2024. Furniture is present in the bedrooms however, no stains are apparent. The landlord gave evidence the carpet was not stained at the beginning of the tenancy. In the absence of any evidence to the contrary, the Tribunal is entitled to take the landlord’s version of events.

The landlord submitted photographs taken at the end of the tenancy. The carpet in all three bedrooms is in a very poor condition. There are large stains and it does not appear to have been cleaned at all.

On the balance of probabilities, I find the carpet was stained during the tenancy. The damage is beyond fair wear and tear, and the tenant has not disproved liability.

I accept the landlord’s evidence that the extent of the staining was such that replacement was the only option. There are many stains, which are large in size and bright in colour.

The landlord filed a claim with their insurer, which was accepted. The landlord has had to pay an excess of $1,650.00 ($550.00 per bedroom) and seeks to 1 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. recover this cost. The actual cost to replace the carpet was $3,230.00. Because the landlord only seeks the excess, there is no need to a deduction for betterment and depreciation.

The landlord’s claim for compensation is granted for $1,650.00. Door

The landlord claims the door to bedroom 1 was also damaged during the tenancy. The landlord submitted a photograph of the door taken at the end of the tenancy, which shows a relatively large patch repair has been attempted. In the absence of any evidence to the contrary, I accept the landlord’s evidence that the door was not in this condition at the beginning of the tenancy. On the balance of probabilities, I find the door was damaged during the tenancy. The damage is beyond fair wear and tear, and the tenant has not disproved liability.

The landlord submitted an invoice for $179.99 to repair the door.

The landlord’s claim for compensation is granted for $179.99. Filing fee

Because Compass Property Management Limited As Agents For Zhilin Zheng & Daguang Sun has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5347417 — net $101.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess for carpet	$1,650.00	Insurance excess for carpet
Repairs: Bedroom door	$179.99	Repairs: Bedroom door
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$101.49
Total payable by Tenant to Landlord	$101.49

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Compass Property Management Limited As Agents For Zhilin Zheng & Daguang Sun $101.49 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,756.50 (3283100-012) to Compass Property Management Limited As Agents For Zhilin Zheng & Daguang Sun immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Is the tenant responsible for damage that occurred during the tenancy?

The law

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 the did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. 1 Carpet
The landlord claims the tenant is responsible for damaging the carpet in three bedrooms. The landlord did not submit a copy of the entry inspection report and claims this was lost when the property management company changed software. The landlord submitted photographs taken during a routine inspection on 1 September 2024. Furniture is present in the bedrooms however, no stains are apparent. The landlord gave evidence the carpet was not stained at the beginning of the tenancy. In the absence of any evidence to the contrary, the Tribunal is entitled to take the landlord’s version of events.
The landlord submitted photographs taken at the end of the tenancy. The carpet in all three bedrooms is in a very poor condition. There are large stains and it does not appear to have been cleaned at all.
On the balance of probabilities, I find the carpet was stained during the tenancy. The damage is beyond fair wear and tear, and the tenant has not disproved liability.
I accept the landlord’s evidence that the extent of the staining was such that replacement was the only option. There are many stains, which are large in size and bright in colour.
The landlord filed a claim with their insurer, which was accepted. The landlord has had to pay an excess of $1,650.00 ($550.00 per bedroom) and seeks to 1 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. recover this cost. The actual cost to replace the carpet was $3,230.00. Because the landlord only seeks the excess, there is no need to a deduction for betterment and depreciation.
The landlord’s claim for compensation is granted for $1,650.00. Door
The landlord claims the door to bedroom 1 was also damaged during the tenancy. The landlord submitted a photograph of the door taken at the end of the tenancy, which shows a relatively large patch repair has been attempted. In the absence of any evidence to the contrary, I accept the landlord’s evidence that the door was not in this condition at the beginning of the tenancy. On the balance of probabilities, I find the door was damaged during the tenancy. The damage is beyond fair wear and tear, and the tenant has not disproved liability.
The landlord submitted an invoice for $179.99 to repair the door.
The landlord’s claim for compensation is granted for $179.99. Filing fee
Because Compass Property Management Limited As Agents For Zhilin Zheng & Daguang Sun has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5347417 — Property damage at 3 Kiwi Place, Pukekohe, Pukekohe 2120

At a glance

Tenancy Tribunal case 5347417 — Property damage at 3 Kiwi Place, Pukekohe, Pukekohe 2120

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for damage that occurred during the tenancy?

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 damage that occurred during the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.