What was the outcome of Tenancy Tribunal case 4695531?

The tribunal order states: Delanie Maree Harrison must pay Aaron James McCurdy $1,201.94

How much money was awarded in case 4695531?

Filing Fee: $20.44 awarded to landlord; Paint: $100.00 awarded to landlord; Replace Furnishings: Blinds: $40.00 awarded to landlord; Replace Furnishings: Carpet: $850.00 awarded to landlord; Rubbish Removal: $191.50 awarded to landlord

What type of tenancy dispute was case 4695531?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4695531?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10314012-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4695531?

The tribunal order states: Delanie Maree Harrison must pay Aaron James McCurdy $1,201.94

How much money was awarded in case 4695531?

Filing Fee: $20.44 awarded to landlord; Paint: $100.00 awarded to landlord; Replace Furnishings: Blinds: $40.00 awarded to landlord; Replace Furnishings: Carpet: $850.00 awarded to landlord; Rubbish Removal: $191.50 awarded to landlord

What type of tenancy dispute was case 4695531?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4695531?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10314012-Tenancy_Tribunal_Order.pdf.

53 Central Park Drive, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 4695531 — Property damage

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53 Central Park Drive, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 4695531 — 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 4695531 — net $1,201.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: Trailer and tipping fees	$191.50	Rubbish removal: Trailer and tipping fees
Filing fee reimbursement	$20.44	Filing fee reimbursement
Replace furnishings: Carpet	$850.00	Replace furnishings: Carpet
Replace furnishings: Blinds	$40.00	Replace furnishings: Blinds
Repairs: Paint	$100.00	Repairs: Paint
Net award	$1,201.94
Total payable by Tenant to Landlord	$1,201.94

Claims and awards for application 4695531 — net $1,201.94 NZD. Verify on MoJ.

Rubbish removal: Trailer and tipping fees

Amount: $191.50
Awarded to: Landlord
Reason: Rubbish removal: Trailer and tipping fees

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Replace furnishings: Carpet

Amount: $850.00
Awarded to: Landlord
Reason: Replace furnishings: Carpet

Replace furnishings: Blinds

Amount: $40.00
Awarded to: Landlord
Reason: Replace furnishings: Blinds

Repairs: Paint

Amount: $100.00
Awarded to: Landlord
Reason: Repairs: Paint

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal

Order

Delanie Maree Harrison must pay Aaron James McCurdy $1,201.94 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, the respondent did not. I proceeded with the hearing in the tenant’s absence as I am satisfied the respondent had been adequately served.
The landlord has applied for compensation 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.
The following damage was caused during the tenancy: The carpet, which was several years old at the beginning of the tenancy but still in very good condition was damaged beyond further with significant staining and marking, two holes were made in walls from doors being slammed into them, and the blinds were damaged beyond repair. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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 items at the start of the tenancy and their likely useful lifespan. Were it not for the careless use, the blinds and carpets would have lasted well beyond this tenancy.
The carpets and other items left in the house were removed to the tip and dumped.
The amounts ordered are proved.
Because Aaron James McCurdy 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 4695531 — net $1,201.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: Trailer and tipping fees	$191.50	Rubbish removal: Trailer and tipping fees
Filing fee reimbursement	$20.44	Filing fee reimbursement
Replace furnishings: Carpet	$850.00	Replace furnishings: Carpet
Replace furnishings: Blinds	$40.00	Replace furnishings: Blinds
Repairs: Paint	$100.00	Repairs: Paint
Net award	$1,201.94
Total payable by Tenant to Landlord	$1,201.94

Claims and awards for application 4695531 — net $1,201.94 NZD. Verify on MoJ.

Rubbish removal: Trailer and tipping fees

Amount: $191.50
Awarded to: Landlord
Reason: Rubbish removal: Trailer and tipping fees

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Replace furnishings: Carpet

Amount: $850.00
Awarded to: Landlord
Reason: Replace furnishings: Carpet

Replace furnishings: Blinds

Amount: $40.00
Awarded to: Landlord
Reason: Replace furnishings: Blinds

Repairs: Paint

Amount: $100.00
Awarded to: Landlord
Reason: Repairs: Paint

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal

Order

Delanie Maree Harrison must pay Aaron James McCurdy $1,201.94 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, the respondent did not. I proceeded with the hearing in the tenant’s absence as I am satisfied the respondent had been adequately served.
The landlord has applied for compensation 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.
The following damage was caused during the tenancy: The carpet, which was several years old at the beginning of the tenancy but still in very good condition was damaged beyond further with significant staining and marking, two holes were made in walls from doors being slammed into them, and the blinds were damaged beyond repair. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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 items at the start of the tenancy and their likely useful lifespan. Were it not for the careless use, the blinds and carpets would have lasted well beyond this tenancy.
The carpets and other items left in the house were removed to the tip and dumped.
The amounts ordered are proved.
Because Aaron James McCurdy has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4695531 — Property damage at 53 Central Park Drive, Te Atatu South, Auckland 0610

At a glance

Tenancy Tribunal case 4695531 — Property damage at 53 Central Park Drive, Te Atatu South, Auckland 0610

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

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

Frequently asked questions