What was the outcome of Tenancy Tribunal case 4744389?

The tribunal order states: Mersey Aroha Burrows must pay Kris Sharon Lawry (Christine) and Matt Lawry

How much money was awarded in case 4744389?

Cleaning: $500.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Replace Benchtop: $1,200.00 awarded to landlord; Property Damage: $4,800.00 awarded to landlord; Replace Furnishings: Matt: $350.00 awarded to landlord; Water Rates: $257.08 awarded to landlord

What type of tenancy dispute was case 4744389?

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

Where can I read the official tribunal order for case 4744389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9967091-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4744389?

The tribunal order states: Mersey Aroha Burrows must pay Kris Sharon Lawry (Christine) and Matt Lawry

How much money was awarded in case 4744389?

Cleaning: $500.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Replace Benchtop: $1,200.00 awarded to landlord; Property Damage: $4,800.00 awarded to landlord; Replace Furnishings: Matt: $350.00 awarded to landlord; Water Rates: $257.08 awarded to landlord

What type of tenancy dispute was case 4744389?

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

Where can I read the official tribunal order for case 4744389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9967091-Tenancy_Tribunal_Order.pdf.

1867 Alexandra Street, Te Awamutu, Te Awamutu 3800 Tenancy Tribunal Case 4744389 — Property damage

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1867 Alexandra Street, Te Awamutu, Te Awamutu 3800 Tenancy Tribunal Case 4744389 — 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 4744389 — net $5,027.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$257.08	Water rates
Carpet Cleaning	$500.00	Carpet Cleaning
Cleaning	$500.00	Carpet Cleaning
Replace furnishings: Matt	$350.00	Replace furnishings: Matt
Replace Benchtop	$1,200.00	Replace Benchtop
Replace carpet: Insurance excesses for carpet replacement	$4,800.00	Replace carpet: Insurance excesses for carpet replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,027.52
Total payable by Tenant to Landlord	$5,027.52

Claims and awards for application 4744389 — net $5,027.52 NZD. Verify on MoJ.

Water rates

Amount: $257.08
Awarded to: Landlord
Reason: Water rates

Carpet Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Carpet Cleaning

Replace furnishings: Matt

Amount: $350.00
Awarded to: Landlord
Reason: Replace furnishings: Matt

Replace Benchtop

Amount: $1,200.00
Awarded to: Landlord
Reason: Replace Benchtop

Replace carpet: Insurance excesses for carpet replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Water Rates

Order

Mersey Aroha Burrows must pay Kris Sharon Lawry (Christine) and Matt Lawry $5,027.52 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (3550767-009) to Kris Sharon Lawry (Christine) and Matt Lawry immediately.

Reasons

Only the applicant 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.

How much is owed for water rates?

The tenancy ended on 22/8/2023. The landlord confirmed all rent had been paid and provided water rates invoices which prove the amount owing at 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, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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: the carpets in 7 rooms were extensively damaged by dog and cat urine and faeces. The damage is more than fair wear and tear, and so extensive the carpet needed to be replaced and the floors sanded back to remove the odour. The tenant has not disproved liability for the damage.
The amounts ordered are proved.
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. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. The carpet in one bedroom was new, and in the other 4 bedrooms and living area and hallway was many years old. The landlord’s excess is $1,200 per room. The amount ordered is considered reasonable. The benchtop was also older but in very good condition. Replacing it required electrical and plumbing work and the excess is awarded in full.
Because Kris Sharon Lawry (Christine), Matt Lawry has wholly succeeded with the claim I must reimburse 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 4744389 — net $5,027.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$257.08	Water rates
Carpet Cleaning	$500.00	Carpet Cleaning
Cleaning	$500.00	Carpet Cleaning
Replace furnishings: Matt	$350.00	Replace furnishings: Matt
Replace Benchtop	$1,200.00	Replace Benchtop
Replace carpet: Insurance excesses for carpet replacement	$4,800.00	Replace carpet: Insurance excesses for carpet replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,027.52
Total payable by Tenant to Landlord	$5,027.52

Claims and awards for application 4744389 — net $5,027.52 NZD. Verify on MoJ.

Water rates

Amount: $257.08
Awarded to: Landlord
Reason: Water rates

Carpet Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Carpet Cleaning

Replace furnishings: Matt

Amount: $350.00
Awarded to: Landlord
Reason: Replace furnishings: Matt

Replace Benchtop

Amount: $1,200.00
Awarded to: Landlord
Reason: Replace Benchtop

Replace carpet: Insurance excesses for carpet replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Water Rates

Order

Mersey Aroha Burrows must pay Kris Sharon Lawry (Christine) and Matt Lawry $5,027.52 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (3550767-009) to Kris Sharon Lawry (Christine) and Matt Lawry immediately.

Reasons

Only the applicant 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.

How much is owed for water rates?

The tenancy ended on 22/8/2023. The landlord confirmed all rent had been paid and provided water rates invoices which prove the amount owing at 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, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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: the carpets in 7 rooms were extensively damaged by dog and cat urine and faeces. The damage is more than fair wear and tear, and so extensive the carpet needed to be replaced and the floors sanded back to remove the odour. The tenant has not disproved liability for the damage.
The amounts ordered are proved.
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. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. The carpet in one bedroom was new, and in the other 4 bedrooms and living area and hallway was many years old. The landlord’s excess is $1,200 per room. The amount ordered is considered reasonable. The benchtop was also older but in very good condition. Replacing it required electrical and plumbing work and the excess is awarded in full.
Because Kris Sharon Lawry (Christine), Matt Lawry has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4744389 — Property damage at 1867 Alexandra Street, Te Awamutu, Te Awamutu 3800

At a glance

Tenancy Tribunal case 4744389 — Property damage at 1867 Alexandra Street, Te Awamutu, Te Awamutu 3800

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

Frequently asked questions