What was Tenancy Tribunal case 5469296 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Reh Property Management Limited As Agent For Tayo

How much money was awarded in case 5469296?

Cleaning: $345.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $164.80 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Property Damage: $450.00 awarded to landlord; Walls and Doors: $1,220.00 awarded to landlord

What type of tenancy dispute was case 5469296?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5469296?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14027311-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5469296 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Reh Property Management Limited As Agent For Tayo

How much money was awarded in case 5469296?

Cleaning: $345.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $164.80 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Property Damage: $450.00 awarded to landlord; Walls and Doors: $1,220.00 awarded to landlord

What type of tenancy dispute was case 5469296?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5469296?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14027311-Tenancy_Tribunal_Order.pdf.

100 Stortford Street, Ashhurst, Palmerston North 4810 Tenancy Tribunal Case 5469296 — Property damage

Tenantcheck Insights

100 Stortford Street, Ashhurst, Palmerston North 4810 Tenancy Tribunal Case 5469296 — 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 5469296 — net $1,307.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: to walls and doors	$1,220.00	Repairs: to walls and doors
Lock/key replacement	$164.80	Lock/key replacement
Carpet replacement 2 rooms - insurance excess	$1,500.00	Carpet replacement 2 rooms - insurance excess
Carpet Cleaning and stain removal	$345.00	Carpet Cleaning and stain removal
Carpet repairs	$450.00	Carpet repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,307.80
Total payable by Tenant to Landlord	$1,307.80

Claims and awards for application 5469296 — net $1,307.80 NZD. Verify on MoJ.

Repairs: to walls and doors

Amount: $1,220.00
Awarded to: Landlord
Reason: Repairs: to walls and doors

Lock/key replacement

Amount: $164.80
Awarded to: Landlord
Reason: Lock/key replacement

Carpet replacement 2 rooms - insurance excess

Amount: $1,500.00
Awarded to: Landlord
Reason: Carpet replacement 2 rooms - insurance excess

Carpet Cleaning and stain removal

Amount: $345.00
Awarded to: Landlord
Reason: Carpet Cleaning and stain removal

Carpet repairs

Amount: $450.00
Awarded to: Landlord
Reason: Carpet repairs

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage

Order

[The tenant/s] tenant/s] must pay Reh Property Management Limited As Agent For Tayo Altenburg $1,307.80 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (6488313-008) to Reh Property Management Limited As Agent For Tayo Altenburg immediately.

Reasons

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

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 and return all keys and security device. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises including the carpets and kitchen reasonably clean and tidy, and did not return the keys.
The amounts ordered are proved.

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.
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 following damage was caused during the tenancy: several walls and doors in the house and garage were damaged and required repair and painting. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The carpets throughout the home were damaged. In the lounge and master bedroom, it was more cost effective to replace the carpets than repair them. The landlord claimed insurance so the excess of $750 per room is awarded as this is less than the depreciated amount. The carpet in the hallway was repaired. The carpets throughout the property were stained.
The amounts ordered are proved.
I have taken into account betterment and depreciation when assessing compensation for the wall repairs and carpet replacement costs. 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.
Because Reh Property Management Limited As Agent For Tayo Altenburg has substantially succeeded with the claim I have reimbursed the filing fee.

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 5469296 — net $1,307.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: to walls and doors	$1,220.00	Repairs: to walls and doors
Lock/key replacement	$164.80	Lock/key replacement
Carpet replacement 2 rooms - insurance excess	$1,500.00	Carpet replacement 2 rooms - insurance excess
Carpet Cleaning and stain removal	$345.00	Carpet Cleaning and stain removal
Carpet repairs	$450.00	Carpet repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,307.80
Total payable by Tenant to Landlord	$1,307.80

Claims and awards for application 5469296 — net $1,307.80 NZD. Verify on MoJ.

Repairs: to walls and doors

Amount: $1,220.00
Awarded to: Landlord
Reason: Repairs: to walls and doors

Lock/key replacement

Amount: $164.80
Awarded to: Landlord
Reason: Lock/key replacement

Carpet replacement 2 rooms - insurance excess

Amount: $1,500.00
Awarded to: Landlord
Reason: Carpet replacement 2 rooms - insurance excess

Carpet Cleaning and stain removal

Amount: $345.00
Awarded to: Landlord
Reason: Carpet Cleaning and stain removal

Carpet repairs

Amount: $450.00
Awarded to: Landlord
Reason: Carpet repairs

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage

Order

[The tenant/s] tenant/s] must pay Reh Property Management Limited As Agent For Tayo Altenburg $1,307.80 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (6488313-008) to Reh Property Management Limited As Agent For Tayo Altenburg immediately.

Reasons

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

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 and return all keys and security device. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises including the carpets and kitchen reasonably clean and tidy, and did not return the keys.
The amounts ordered are proved.

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.
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 following damage was caused during the tenancy: several walls and doors in the house and garage were damaged and required repair and painting. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The carpets throughout the home were damaged. In the lounge and master bedroom, it was more cost effective to replace the carpets than repair them. The landlord claimed insurance so the excess of $750 per room is awarded as this is less than the depreciated amount. The carpet in the hallway was repaired. The carpets throughout the property were stained.
The amounts ordered are proved.
I have taken into account betterment and depreciation when assessing compensation for the wall repairs and carpet replacement costs. 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.
Because Reh Property Management Limited As Agent For Tayo Altenburg has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5469296 — Property damage at 100 Stortford Street, Ashhurst, Palmerston North 4810

At a glance

Tenancy Tribunal case 5469296 — Property damage at 100 Stortford Street, Ashhurst, Palmerston North 4810

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 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

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

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.