How much money was awarded in case 4618049?

Cleaning: $345.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Replace Furnishings: Lounge Carpet: $1,000.00 awarded to landlord

What type of tenancy dispute was case 4618049?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4618049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9500524-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4618049?

Cleaning: $345.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Replace Furnishings: Lounge Carpet: $1,000.00 awarded to landlord

What type of tenancy dispute was case 4618049?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4618049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9500524-Tenancy_Tribunal_Order.pdf.

2C Tawa Street, Gonville, Whanganui 4501 Tenancy Tribunal Case 4618049 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 4618049?

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 4618049 — net $115.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$345.00	Cleaning
Replace furnishings: lounge carpet	$1,000.00	Replace furnishings: lounge carpet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$115.44
Total payable by Tenant to Landlord	$115.44

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

The Bond Centre is to pay the bond of $1,250.00 (3097144-019) to The Watson Broderson Family Trust Paul Anthony Tasker immediately.

David Edward Bidlake must pay The Watson Broderson Family Trust Paul Anthony Tasker $115.44 immediately, calculated as shown in the table below. DescriptionLandlord Cleaning$345.00 Replace furnishings: lounge carpet$1,000.00 Filing fee reimbursement$20.44 Total award$1,365.44 Bond$1,250.00 Total payable by Tenant to Landlord$115.44

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.

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

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.

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 landlord provided photographic evidence of damage to the carpet in the lounge. It consisted of multiple and extensive burns that appeared to have been caused by the tenant and/or his guests discarding cigarettes directly onto the floor.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The tenant allowed his guests or he himself continued to discard cigarettes causing damage to the carpet knowing that damage was a certainty. The damage was intentional.

I have considered 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.

The landlord advised that the carpet was six or seven years old and provided a quote for its replacement. From the photographs it would appear to have had a number of years left of serviceable life. I am satisfied that the landlord would not have had to replace the carpet but for the tenant’s actions and that it had a residual value to the landlord. I have awarded the landlord a sum taking into account these factors.

Because The Watson Broderson Family Trust Paul Anthony Tasker has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4618049 — net $115.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$345.00	Cleaning
Replace furnishings: lounge carpet	$1,000.00	Replace furnishings: lounge carpet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$115.44
Total payable by Tenant to Landlord	$115.44

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The Bond Centre is to pay the bond of $1,250.00 (3097144-019) to The Watson Broderson Family Trust Paul Anthony Tasker immediately.
David Edward Bidlake must pay The Watson Broderson Family Trust Paul Anthony Tasker $115.44 immediately, calculated as shown in the table below. DescriptionLandlord Cleaning$345.00 Replace furnishings: lounge carpet$1,000.00 Filing fee reimbursement$20.44 Total award$1,365.44 Bond$1,250.00 Total payable by Tenant to Landlord$115.44

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The landlord has applied for compensation, refund of the bond and reimbursement of the filing fee 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.
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.
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 landlord provided photographic evidence of damage to the carpet in the lounge. It consisted of multiple and extensive burns that appeared to have been caused by the tenant and/or his guests discarding cigarettes directly onto the floor.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The tenant allowed his guests or he himself continued to discard cigarettes causing damage to the carpet knowing that damage was a certainty. The damage was intentional.
I have considered 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.
The landlord advised that the carpet was six or seven years old and provided a quote for its replacement. From the photographs it would appear to have had a number of years left of serviceable life. I am satisfied that the landlord would not have had to replace the carpet but for the tenant’s actions and that it had a residual value to the landlord. I have awarded the landlord a sum taking into account these factors.
Because The Watson Broderson Family Trust Paul Anthony Tasker has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4618049 — Cleanliness at 2C Tawa Street, Gonville, Whanganui 4501

At a glance

Tenancy Tribunal case 4618049 — Cleanliness at 2C Tawa Street, Gonville, Whanganui 4501

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