How much money was awarded in case 4778459?

Cleaning: $207.00 awarded to landlord; Cleaning: $130.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garden And Rubbish: $231.80 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Rent Credit: $183.00 awarded to tenant

What type of tenancy dispute was case 4778459?

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

Where can I read the official tribunal order for case 4778459?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10481263-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4778459?

Cleaning: $207.00 awarded to landlord; Cleaning: $130.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garden And Rubbish: $231.80 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Rent Credit: $183.00 awarded to tenant

What type of tenancy dispute was case 4778459?

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

Where can I read the official tribunal order for case 4778459?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10481263-Tenancy_Tribunal_Order.pdf.

50D Middlepark Road, Sockburn, Christchurch 8042 Tenancy Tribunal Case 4778459 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4778459?

The tribunal order states: The tenants are liable to the landlord in the total sum of $914.24 calculated as

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Order

Claims and awards in Tenancy Tribunal application 4778459 — net $916.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Carpet Cleaning	$207.00		Carpet Cleaning
Cleaning	$130.00		Cleaning
Garden and rubbish	$231.80		Garden and rubbish
Vanity damage	$550.00		Vanity damage
Wall damage - lounge	$400.00		Wall damage - lounge
Wall damage - hallway	$100.00		Wall damage - hallway
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent credit		$183.00	Rent credit
Total award	$1,639.24	$183.00
Net award	$916.24
Total payable by Tenant to Landlord	$916.24

The tenants are liable to the landlord in the total sum of $914.24 calculated as shown in the table below payable as follows.

Jimi Jason Ward must pay Wongeoon Vast Limited $916.24 immediately.

Reuben Samuel Hezekiah Skudder and Dylan John Burgin must pay Wongeoon Vast limited $816.24 immediately being the total liability less $100 for the wall damage in the hallway.

For the avoidance of any doubt, the maximum sum that the landlord can recover from the tenants is $916.24.

Reasons

Mr Wongeoon attended the hearing for the landlord. Of the tenants, Mr Bergin and Mr Skudder attended. Mr Ward did not attend.

The landlord has applied for rent arrears, compensation and the filing fee following the end of the tenancy. There is bond in the sum of $540 held by the landlord. Background

This tenancy began in February 2021 and ended in November 2023. The tenants changed during that period. Mr Ward was a tenant for the entire duration of the tenancy. Mr Skudder joined in May 2021. Mr Bergin joined in November 2022.

There was a mediation on 4 April 2024 at which the parties agreed and settled the landlord’s claims for cleaning, carpet cleaning and garden work and rubbish removal as ordered above.

The landlord withdrew its claim for a missing wardrobe.

Since the mediation, the rent arrears have been paid in full leaving a rent credit in the sum of $183.

The remaining claims are for damage to two walls, one in the lounge and one in the hallway and damage to a bathroom vanity. Law

Tenants must not carelessly or intentionally damage 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.

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).

The Tribunal must consider betterment and depreciation where appropriate. 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 considers the age and condition of the items at the start of the tenancy and their likely useful lifespan. Evidence, Discussion and Decision Vanity

The damage to the vanity consists of cracks to the ceramic basin. The damage occurred during the tenancy when all the named tenants were the tenants.

The tenants suggested that if the damage occurred due to an impact, the basin would have shattered completely. They suggested that there must have been some other reason for the damage such as an earthquake.

There was no evidence to support that suggestion and I am not willing to accept that ceramic basins cannot crack from an impact or undue pressure.

The tenants have not proved that they are not responsible for the damage. The most likely explanation for the damage is that the basin suffered an impact or some form of undue pressure. I note that the tenants are jointly liable for the damage regardless of who caused the damage.

The landlord did not produce a quotation or estimate for replacing the vanity. Mr Wongeoon submitted that it is obvious that the cost of replacing the vanity will well exceed the insurance excess of $550. I accept that. I also accept that although the vanity is still usable, it will need to be replaced.

The vanity is approximately 20 years old and so I must consider betterment. The landlord will be getting a brand-new vanity. The vanity appears to have been in good condition before the damage occurred. In my view, even after applying a discount for betterment, the resultant award would still exceed the insurance excess. There will be considerable cost removing and disposing of the existing vanity, buying a new one and installing it. I have therefore awarded the excess in full. Wall Damage

The damage to the walls occurred during the tenancy and it is likely to have been caused by tenant carelessness.

The damage to the wall in the hall occurred before Mr Bergin and Mr Skudder became tenants and so they can have no liability for it.

The damage to the wall in the hall is relatively minor and it has been partly repaired. Mr Wongeoon said that the wall was wallpapered and so the entire wall would need to be painted. He later conceded that it was a painted wall.

Given that, and the fact that the wall was not in good condition besides the damage, I have awarded $100 compensation for it.

The damage to the wall in the lounge is more extensive and the wall is wallpapered. The landlord produced a quotation for $800 plus GST to repair all the wall damage. There was no breakdown between the two walls. I also treat the quotation with some scepticism. For example, the quotation includes GST but there is no GST number on the quotation.

I therefore make my own assessment of the likely cost of repairing the damage and painting the wall in the sum of $400 and award that. Filing Fee

The landlord has had significant success and so I have awarded the filing fee. Result

The tenant’s total liability has been reduced by the rent credit and the bond held by the landlord. Mr Ward has liability to pay the resultant debt in full and Mr Bergin and Mr Skudder are liable to pay the full debt less $100 because that are not liability for the hallway wall damage.

The total liability does not exceed the $916.24. The landlord is entitled to enforce payment of the order against any of the tenants (up to their respective liability) but cannot recover more than the total debt. How the tenants split the shared debt ($816.24) between themselves is not the province of the landlord or of the Tribunal.

Order

Claims and awards in Tenancy Tribunal application 4778459 — net $916.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Carpet Cleaning	$207.00		Carpet Cleaning
Cleaning	$130.00		Cleaning
Garden and rubbish	$231.80		Garden and rubbish
Vanity damage	$550.00		Vanity damage
Wall damage - lounge	$400.00		Wall damage - lounge
Wall damage - hallway	$100.00		Wall damage - hallway
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent credit		$183.00	Rent credit
Total award	$1,639.24	$183.00
Net award	$916.24
Total payable by Tenant to Landlord	$916.24