What was Tenancy Tribunal case 5458909 about?

The tribunal order states: [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $2,423.88 immediately,

How much money was awarded in case 5458909?

Filing Fee: $28.00 awarded to landlord; Property Damage: $220.89 awarded to landlord; Replace furnishings: Bedroom 1 - car…: $1,000.00 awarded to landlord; Replace furnishings: Bedroom 1 – net…: $100.00 awarded to landlord; Replace furnishings: Bedroom 3 - car…: $591.87 awarded to landlord; Replace furnishings: Bedroom 3 – net…: $100.00 awarded to landlord; Replace furnishings: Lounge - curtai…: $150.00 awarded to landlord; Water Rates: $233.12 awarded to landlord

What type of tenancy dispute was case 5458909?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5458909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14092596-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5458909 about?

The tribunal order states: [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $2,423.88 immediately,

How much money was awarded in case 5458909?

Filing Fee: $28.00 awarded to landlord; Property Damage: $220.89 awarded to landlord; Replace furnishings: Bedroom 1 - car…: $1,000.00 awarded to landlord; Replace furnishings: Bedroom 1 – net…: $100.00 awarded to landlord; Replace furnishings: Bedroom 3 - car…: $591.87 awarded to landlord; Replace furnishings: Bedroom 3 – net…: $100.00 awarded to landlord; Replace furnishings: Lounge - curtai…: $150.00 awarded to landlord; Water Rates: $233.12 awarded to landlord

What type of tenancy dispute was case 5458909?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5458909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14092596-Tenancy_Tribunal_Order.pdf.

2 Kanuka Place, Pyes Pa, Tauranga 3112 Tenancy Tribunal Case 5458909 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5458909 — net $2,423.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$233.12	Water rates
Lock/key replacement	$220.89	Lock/key replacement
Replace furnishings: Lounge - curtains	$150.00	Replace furnishings: Lounge - curtains
Replace furnishings: Bedroom 1 – net curtains	$100.00	Replace furnishings: Bedroom 1 – net curtains
Replace furnishings: Bedroom 3 – net curtains	$100.00	Replace furnishings: Bedroom 1 – net curtains
Replace furnishings: Bedroom 1 - carpet (excess	$1,000.00	Replace furnishings: Bedroom 1 - carpet (excess
Replace furnishings: Bedroom 3 - carpet (depreciated	$591.87	Replace furnishings: Bedroom 3 - carpet (depreciated
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,423.88
Total payable by Tenant to Landlord	$2,423.88

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with the hearing.

The landlord has applied for water rates and compensation following the end of the tenancy. No bond was taken.

A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.

The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[The tenant/s] applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.”

In the decision that follows I may not have referred to all the oral testimony and other evidence presented, but the parties should know it has been considered.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not return all of the keys. The landlord provided a locksmith invoice for $220.89 for a change in the lock left unsecure due to the missing keys. This is awarded.

Is the tenant responsible for water rates?

The landlord provided a summary of water rates outstanding. The costs were for consumption only and I award the $233.12 as claimed.

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.

The following damage was caused during the tenancy: a. Damage to the lounge curtain from cat scratching b. Damage to the master bedroom net curtains from cat scratching c. Damage to bedroom 3 net curtains from cat scratching d. Stains to the master bedroom carpet e. Stains to the bedroom 3 carpet

The damage to the curtain and net curtains appears at the base, or at window height. The damage is consistent with cat scratching. There was no permission for any pets during the tenancy. While the landlord may have been open to it, the premises was not suited without some changes such as a cat door. Based on comments from neighbours and the agent, the landlord believes there were two kittens introduced during the tenancy. The net curtains have been replaced but the lounge curtain remains in place. Replacement of the curtain has been estimated at $2,200.00. The damage, as shown in the photos, is not sufficient to justify any such replacement with tenant liability. Given no loss has yet to be incurred I award $150.00 for the accelerated depreciation due to the cat scratching.

Two rooms had staining to the carpet. I was told the carpet was “near new” at commencement The premises is the owners’ home, and this tenancy was intended as a one-off to a friend while they were overseas. The owners have since returned and reoccupied their home.

The insurer has assessed both rooms as being beyond stain removal treatment and a replacement quote of $2,841.22 was provided. The insurance excess per claim is $1,000.00. The approximate split between the two rooms carpets areas is two-third master bedroom and one-third bedroom 3. I have applied a three- year age for depreciation purposes. That leaves the $1,000.00 excess for the master bedroom as the lesser of the two costs. The same approach for bedroom three results in a tenant liability of $591.87 – this is less than the excess for any claim for that room. The lesser amount is awarded.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided comparative photos from entry and exit, as well as insurance confirmation of their assessment.

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 curtains and carpets at the start of the tenancy and their likely useful lifespan. Filing fee

Because [The tenant/s] landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5458909 — net $2,423.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$233.12	Water rates
Lock/key replacement	$220.89	Lock/key replacement
Replace furnishings: Lounge - curtains	$150.00	Replace furnishings: Lounge - curtains
Replace furnishings: Bedroom 1 – net curtains	$100.00	Replace furnishings: Bedroom 1 – net curtains
Replace furnishings: Bedroom 3 – net curtains	$100.00	Replace furnishings: Bedroom 1 – net curtains
Replace furnishings: Bedroom 1 - carpet (excess	$1,000.00	Replace furnishings: Bedroom 1 - carpet (excess
Replace furnishings: Bedroom 3 - carpet (depreciated	$591.87	Replace furnishings: Bedroom 3 - carpet (depreciated
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,423.88
Total payable by Tenant to Landlord	$2,423.88

Order

[The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $2,423.88 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with the hearing.
The landlord has applied for water rates and compensation following the end of the tenancy. No bond was taken.
A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.
The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[The tenant/s] applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.”
In the decision that follows I may not have referred to all the oral testimony and other evidence presented, but the parties should know it has been considered.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not return all of the keys. The landlord provided a locksmith invoice for $220.89 for a change in the lock left unsecure due to the missing keys. This is awarded.

Is the tenant responsible for water rates?

The landlord provided a summary of water rates outstanding. The costs were for consumption only and I award the $233.12 as claimed.

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.
The following damage was caused during the tenancy: a. Damage to the lounge curtain from cat scratching b. Damage to the master bedroom net curtains from cat scratching c. Damage to bedroom 3 net curtains from cat scratching d. Stains to the master bedroom carpet e. Stains to the bedroom 3 carpet
The damage to the curtain and net curtains appears at the base, or at window height. The damage is consistent with cat scratching. There was no permission for any pets during the tenancy. While the landlord may have been open to it, the premises was not suited without some changes such as a cat door. Based on comments from neighbours and the agent, the landlord believes there were two kittens introduced during the tenancy. The net curtains have been replaced but the lounge curtain remains in place. Replacement of the curtain has been estimated at $2,200.00. The damage, as shown in the photos, is not sufficient to justify any such replacement with tenant liability. Given no loss has yet to be incurred I award $150.00 for the accelerated depreciation due to the cat scratching.
Two rooms had staining to the carpet. I was told the carpet was “near new” at commencement The premises is the owners’ home, and this tenancy was intended as a one-off to a friend while they were overseas. The owners have since returned and reoccupied their home.
The insurer has assessed both rooms as being beyond stain removal treatment and a replacement quote of $2,841.22 was provided. The insurance excess per claim is $1,000.00. The approximate split between the two rooms carpets areas is two-third master bedroom and one-third bedroom 3. I have applied a three- year age for depreciation purposes. That leaves the $1,000.00 excess for the master bedroom as the lesser of the two costs. The same approach for bedroom three results in a tenant liability of $591.87 – this is less than the excess for any claim for that room. The lesser amount is awarded.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided comparative photos from entry and exit, as well as insurance confirmation of their assessment.
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 curtains and carpets at the start of the tenancy and their likely useful lifespan. Filing fee
Because [The tenant/s] landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5458909 — Property damage at 2 Kanuka Place, Pyes Pa, Tauranga 3112

At a glance

Tenancy Tribunal case 5458909 — Property damage at 2 Kanuka Place, Pyes Pa, Tauranga 3112

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.