How much money was awarded in case 4491985?

Cleaning: $655.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $800.00 awarded to landlord; Rent Arrears: $1,232.00 awarded to landlord; Window Frames: $250.00 awarded to landlord

What type of tenancy dispute was case 4491985?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4491985?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9362941-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4491985?

Cleaning: $655.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $800.00 awarded to landlord; Rent Arrears: $1,232.00 awarded to landlord; Window Frames: $250.00 awarded to landlord

What type of tenancy dispute was case 4491985?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4491985?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9362941-Tenancy_Tribunal_Order.pdf.

270 Horseshoe Bush Road, Dairy Flat, RD 4, Dairy Flat Tenancy Tribunal Case 4491985 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4491985?

The tribunal order states: No application for suppression has been made in this case and no suppression

Order

Claims and awards in Tenancy Tribunal application 4491985 — net $2,957.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30/10/2022	$1,232.00	Rent arrears to 30/10/2022
Carpet Cleaning	$655.50	Carpet Cleaning
Insurance excess x 2	$800.00	Insurance excess x 2
Repairs: Window frames	$250.00	Repairs: Window frames
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,957.94
Total payable by Tenant to Landlord	$2,957.94

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

The Estate of Emma-Jane Morgan is to pay Julie Earwaker $2,957.94 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,957.94 (5937497-004) to Julie Earwaker immediately. The Bond Centre is to pay the bond of $202.06 (5937497-004) to The Estate of Emma-Jane Morgan immediately.

Reasons

Both parties attended the hearing. Ben Drury attended for the respondent.

The applicant has applied for rent arrears, compensation for carpet damage and cleaning, compensation for window frame damage, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The applicant sought $1,230.00 for rent arrears to 30 th October 2022.

The respondent did not dispute the rent arrears.

Accordingly, I order the respondent to pay the applicant $1,230.00 for rent arrears. Law regarding cleaning and damage claims

At the end of the tenancy the tenant must leave the premises reasonably clean.

For damage claims, 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 Residential Tenancies Act 1986 (“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. 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. 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 Tribunal needs to take 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, The Tribunal takes into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Carpet damage and cleaning

The respondent had a dog at the premises. At the end of the tenancy, the carpet had some frayed edges but more importantly the carpet was left smelling bad. It was described as oil and urine smell.

The applicant said that she could not get the smell out despite having it cleaned and had to make an insurance claim for the carpet to be replaced.

I accept the applicant’s evidence that the carpet smelled bad.

The insurance covered most of the carpet except for two areas. There was $1,182.00 spent to replace the additional areas.

I accept that if the carpet had not been damaged by the dog’s smell, it was not necessary to replace the carpet.

The carpet was 8 years and 8 months old at the end of the tenancy. The residual depreciated value of the carpet was less than $700.00.

I find that the damage would be classified as careless damage and I grant the $800.00 insurance excess to the applicant.

For the two areas not covered by insurance, I grant the applicant $655.50 for carpet cleaning. However, I do not grant the additional replacement costs as the insurance excess exceeded the carpet’s residual depreciated values. Window frames

The respondent did not dispute $250.00 sought for repairing the window frames damaged by the dog. Accordingly, the amount is granted. Filing fee reimbursement

Because the applicant has wholly succeeded with the claim, the respondent must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4491985 — net $2,957.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30/10/2022	$1,232.00	Rent arrears to 30/10/2022
Carpet Cleaning	$655.50	Carpet Cleaning
Insurance excess x 2	$800.00	Insurance excess x 2
Repairs: Window frames	$250.00	Repairs: Window frames
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,957.94
Total payable by Tenant to Landlord	$2,957.94

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The Estate of Emma-Jane Morgan is to pay Julie Earwaker $2,957.94 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,957.94 (5937497-004) to Julie Earwaker immediately. The Bond Centre is to pay the bond of $202.06 (5937497-004) to The Estate of Emma-Jane Morgan immediately.

Reasons

Both parties attended the hearing. Ben Drury attended for the respondent.
The applicant has applied for rent arrears, compensation for carpet damage and cleaning, compensation for window frame damage, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The applicant sought $1,230.00 for rent arrears to 30 th October 2022.
The respondent did not dispute the rent arrears.
Accordingly, I order the respondent to pay the applicant $1,230.00 for rent arrears. Law regarding cleaning and damage claims
At the end of the tenancy the tenant must leave the premises reasonably clean.
For damage claims, 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 Residential Tenancies Act 1986 (“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. 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. 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 Tribunal needs to take 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, The Tribunal takes into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Carpet damage and cleaning
The respondent had a dog at the premises. At the end of the tenancy, the carpet had some frayed edges but more importantly the carpet was left smelling bad. It was described as oil and urine smell.
The applicant said that she could not get the smell out despite having it cleaned and had to make an insurance claim for the carpet to be replaced.
I accept the applicant’s evidence that the carpet smelled bad.
The insurance covered most of the carpet except for two areas. There was $1,182.00 spent to replace the additional areas.
I accept that if the carpet had not been damaged by the dog’s smell, it was not necessary to replace the carpet.
The carpet was 8 years and 8 months old at the end of the tenancy. The residual depreciated value of the carpet was less than $700.00.
I find that the damage would be classified as careless damage and I grant the $800.00 insurance excess to the applicant.
For the two areas not covered by insurance, I grant the applicant $655.50 for carpet cleaning. However, I do not grant the additional replacement costs as the insurance excess exceeded the carpet’s residual depreciated values. Window frames
The respondent did not dispute $250.00 sought for repairing the window frames damaged by the dog. Accordingly, the amount is granted. Filing fee reimbursement
Because the applicant has wholly succeeded with the claim, the respondent must reimburse the filing fee.

Tenancy Tribunal case 4491985 — Rent arrears at 270 Horseshoe Bush Road, Dairy Flat, RD 4, Dairy Flat

At a glance

Tenancy Tribunal case 4491985 — Rent arrears at 270 Horseshoe Bush Road, Dairy Flat, RD 4, Dairy Flat

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions