How much money was awarded in case 5359462?

Compensation: $1,000.00 awarded to landlord

What type of tenancy dispute was case 5359462?

The dispute type was not classified.

Where can I read the official tribunal order for case 5359462?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12710999-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5359462?

Compensation: $1,000.00 awarded to landlord

What type of tenancy dispute was case 5359462?

The dispute type was not classified.

Where can I read the official tribunal order for case 5359462?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12710999-Tribunal_Order_Redacted.pdf.

197 West Harbour Drive, West Harbour, Auckland 0618 Tenancy Tribunal Case 5359462 — Tenancy dispute

Q: What was Tenancy Tribunal case 5359462 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5359462. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Compensation for Chattels	$1,000.00		Compensation for Chattels

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

The Bond Centre is to pay the bond of $1,186.86 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,000.00 Yvonne Tauai: $186.86

Reasons

The applicant attended the hearing by phone. The respondent did not answer.

The applicant seeks compensation of $1,670.00 for the replacement of a queen bed and mattress, a king bed and mattress, a portable fixed bed, a sofa set, a dining table, a small dining table, two bookshelves, a writing desk, two white plastic chairs, and two bedside tables. The applicant has produced evidence that the tenant acknowledged receipt of these items at the commencement of the tenancy, and the applicant states that the items were no longer present at the end of the tenancy. I accept this evidence.

A landlord is entitled to be compensated for the loss of chattels caused by a tenant. However, the Tribunal cannot place a landlord in a better position than they were in prior to the loss. This is the principle of betterment. In assessing appropriate compensation, the Tribunal must also consider depreciation. This involves starting with the replacement cost of the chattel and applying depreciation based on its age and condition at the beginning of the tenancy. The Tribunal relies on the evidence provided by the applicant to assess the quantum of damages.

In this case, I am satisfied that the chattels claimed were in the property at the start of the tenancy and were removed by the tenant. However, the landlord’s estimate that the items were only seven years old is highly unlikely. The photographs provided show items that appear to be at least a decade old and therefore fully depreciated. I accept that, notwithstanding their age, the items remained in usable condition during the tenancy and the landlord would have continued to receive benefit from them.

To replace items of this age and condition, it is reasonable to expect that the landlord could obtain similar second-hand equivalents through TradeMe or Facebook Marketplace. I assess that this can be done for approximately $1,000. Accordingly, I award compensation in that amount.

Order

Claims and awards in Tenancy Tribunal application 5359462. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Compensation for Chattels	$1,000.00		Compensation for Chattels

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

The Bond Centre is to pay the bond of $1,186.86 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,000.00 Yvonne Tauai: $186.86

Reasons

The applicant attended the hearing by phone. The respondent did not answer.

Tenancy Tribunal case 5359462 — Tenancy dispute at 197 West Harbour Drive, West Harbour, Auckland 0618

At a glance

Claims & awards

Tenancy Tribunal case 5359462 — Tenancy dispute at 197 West Harbour Drive, West Harbour, Auckland 0618

At a glance

Claims & awards

Order

Reasons

Topics & place

Frequently asked questions

Order

Reasons

Topics & place

Frequently asked questions