How much money was awarded in case 4616209?

Filing Fee: $20.44 awarded to landlord; Property Damage: $550.00 awarded to landlord

What type of tenancy dispute was case 4616209?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4616209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9414682-Tribunal_Order.pdf.

How much money was awarded in case 4616209?

Filing Fee: $20.44 awarded to landlord; Property Damage: $550.00 awarded to landlord

What type of tenancy dispute was case 4616209?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4616209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9414682-Tribunal_Order.pdf.

1 Blade Mews, Prebbleton 7604 Tenancy Tribunal Case 4616209 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4616209?

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

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Order

Claims and awards in Tenancy Tribunal application 4616209 — net $570.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Insurance Excess - Nook	$550.00	Repairs: Insurance Excess - Nook
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$570.44
Bond	$2,740.00
Total payable by Tenant to Landlord	$570.44

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

Melanie Jade Coates and Daniel George Cooper to pay Red Chili Property Management Limited as agent For K And K Urlwin $570.44 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,740.00 (6411308-001) immediately apportioned as follows: Red Chili Property Management Limited as agent For K And K Urlwin: $570.44 Melanie Jade Coates and Daniel George Cooper: $2,169.56

The Tenant’s application for compensation is withdrawn.

The Landlord’s claim for damage to a bench top is dismissed.

Reasons

Both parties attended the hearing.

The landlord has applied for compensation, partial refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenant had applied for compensation and refund of the bond. The application for compensation was withdrawn at the hearing on 13 September 2023.

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 landlord claims that a kitchen bench top was damaged during the tenancy requiring replacement and that the desktop in a study nook was also damaged requiring replacement. The landlord says that the damage was careless and claims two insurance excesses of $550 each. The landlord provided photographs of the damage and quotes for replacement.

Mr Cooper accepted that the front edged of the desk had been damaged but said that it could be repaired at a modest cost. He did not provide any corroborative evidence of a possible repair or the cost of repair. The landlord established that the cost of a replacement desktop is $1,045.86. I award the insurance excess of $550.00 for the study nook.

The damage to the benchtop appears to be a water mark. While the landlord provided evidence of the replacement cost, it did not establish that replacement is required, or will be done. Mr Cooper says that it was caused when a container used for cleaning was put on the bench. The actions Mr Cooper described amount to normal use of an engineered stone kitchen bench top. I am not satisfied that the tenant has carelessly caused damage to the bench. The claim for a replacement bench top is dismissed.

As the landlord was partially successful with its claims I have awarded reimbursement of its filing fee.

Order

Claims and awards in Tenancy Tribunal application 4616209 — net $570.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Insurance Excess - Nook	$550.00	Repairs: Insurance Excess - Nook
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$570.44
Bond	$2,740.00
Total payable by Tenant to Landlord	$570.44

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

Melanie Jade Coates and Daniel George Cooper to pay Red Chili Property Management Limited as agent For K And K Urlwin $570.44 from the bond, calculated as shown in table below.

The Tenant’s application for compensation is withdrawn.

The Landlord’s claim for damage to a bench top is dismissed.

Reasons

Both parties attended the hearing.

The landlord has applied for compensation, partial refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenant had applied for compensation and refund of the bond. The application for compensation was withdrawn at the hearing on 13 September 2023.

Is the tenant responsible for the damage to the premises?

As the landlord was partially successful with its claims I have awarded reimbursement of its filing fee.

Tenancy Tribunal case 4616209 — Property damage at 1 Blade Mews, Prebbleton 7604

At a glance

Tenancy Tribunal case 4616209 — Property damage at 1 Blade Mews, Prebbleton 7604

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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