What was Tenancy Tribunal case 5371814 about?

The tribunal order states: [The tenant/s] and [The tenant/s] to pay Saltark Property Management Limited

How much money was awarded in case 5371814?

Property Damage: $375.00 awarded to landlord

What type of tenancy dispute was case 5371814?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5371814?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12885800-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5371814 about?

The tribunal order states: [The tenant/s] and [The tenant/s] to pay Saltark Property Management Limited

How much money was awarded in case 5371814?

Property Damage: $375.00 awarded to landlord

What type of tenancy dispute was case 5371814?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5371814?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12885800-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 11, 50 Selwyn Avenue, Mission Bay, Auckland Tenancy Tribunal Case 5371814 — Property damage

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Unit/Flat Unit 11, 50 Selwyn Avenue, Mission Bay, Auckland Tenancy Tribunal Case 5371814 — Property damage | 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 5371814 — net $375.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: flooring, half of applicable insurance excess	$375.00	Repairs: flooring, half of applicable insurance excess
Net award	$375.00
Bond	$750.00
Total payable by Tenant to Landlord	$375.00

Claims and awards for application 5371814 — net $375.00 NZD. Verify on MoJ.

Repairs: flooring, half of applicable insurance excess

Amount: $375.00
Awarded to: Landlord
Reason: Repairs: flooring, half of applicable insurance excess

Net award

Landlord $375.00

Bond

Landlord $750.00

Total payable by Tenant to Landlord

Landlord $375.00

Claim types — money lines allowed on this order

Property damage

Order

[The tenant/s] and [The tenant/s] to pay Saltark Property Management Limited $375.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $750.00 (6388038-011) immediately apportioned as follows: Saltark Property Management Limited: $375.00 [The tenant/s] and [The tenant/s]: $375.00

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, and refund of the bond 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.
The wooden flooring was damaged during the tenancy. I do not consider the damage to the workstation area to be more than fair wear and tear during this 5 year tenancy.
I consider the water damaged flooring near the ranchslider to be more than fair wear and tear, and the tenant has not disproved liability for the damage.
Given that the insurance excess claim by the landlord of $750.00 is in respect of both areas of flooring, and the landlord is only successful on one of the two areas under consideration, I consider it fair and reasonable to allow only half of the insurance excess to be recoverable against the tenant.
Only the amounts ordered are proved.
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 remaining bond is disbursed to both parties accordingly.

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 5371814 — net $375.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: flooring, half of applicable insurance excess	$375.00	Repairs: flooring, half of applicable insurance excess
Net award	$375.00
Bond	$750.00
Total payable by Tenant to Landlord	$375.00

Claims and awards for application 5371814 — net $375.00 NZD. Verify on MoJ.

Repairs: flooring, half of applicable insurance excess

Amount: $375.00
Awarded to: Landlord
Reason: Repairs: flooring, half of applicable insurance excess

Net award

Landlord $375.00

Bond

Landlord $750.00

Total payable by Tenant to Landlord

Landlord $375.00

Claim types — money lines allowed on this order

Property damage

Order

[The tenant/s] and [The tenant/s] to pay Saltark Property Management Limited $375.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $750.00 (6388038-011) immediately apportioned as follows: Saltark Property Management Limited: $375.00 [The tenant/s] and [The tenant/s]: $375.00

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, and refund of the bond 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.
The wooden flooring was damaged during the tenancy. I do not consider the damage to the workstation area to be more than fair wear and tear during this 5 year tenancy.
I consider the water damaged flooring near the ranchslider to be more than fair wear and tear, and the tenant has not disproved liability for the damage.
Given that the insurance excess claim by the landlord of $750.00 is in respect of both areas of flooring, and the landlord is only successful on one of the two areas under consideration, I consider it fair and reasonable to allow only half of the insurance excess to be recoverable against the tenant.
Only the amounts ordered are proved.
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 remaining bond is disbursed to both parties accordingly.

Tenancy Tribunal case 5371814 — Property damage at Unit/Flat Unit 11, 50 Selwyn Avenue, Mission Bay, Auckland

At a glance

Tenancy Tribunal case 5371814 — Property damage at Unit/Flat Unit 11, 50 Selwyn Avenue, Mission Bay, Auckland

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

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