What was the outcome of Tenancy Tribunal case 4799211?

The tribunal order states: Courtney Wilson must pay Michelle White and Dean White $2,516.15

How much money was awarded in case 4799211?

Previous Order Application 4799211 D…: $986.15 awarded to landlord; Replace Garage Carpet: $1,530.00 awarded to landlord

What type of tenancy dispute was case 4799211?

The dispute type was not classified.

Where can I read the official tribunal order for case 4799211?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10613936-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4799211?

The tribunal order states: Courtney Wilson must pay Michelle White and Dean White $2,516.15

How much money was awarded in case 4799211?

Previous Order Application 4799211 D…: $986.15 awarded to landlord; Replace Garage Carpet: $1,530.00 awarded to landlord

What type of tenancy dispute was case 4799211?

The dispute type was not classified.

Where can I read the official tribunal order for case 4799211?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10613936-Tribunal_Order.pdf.

60 Koropupu Street, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 4799211 — Tenancy dispute

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60 Koropupu Street, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 4799211 — Tenancy dispute | 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 4799211 — net $2,516.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4799211 dated 17/07/2024	$986.15	Previous order application 4799211 dated 17/07/2024
Replace garage carpet	$1,530.00	Replace garage carpet
Net award	$2,516.15
Total payable by Tenant to Landlord	$2,516.15

Claims and awards for application 4799211 — net $2,516.15 NZD. Verify on MoJ.

Previous order application 4799211 dated 17/07/2024

Amount: $986.15
Awarded to: Landlord
Reason: Previous order application 4799211 dated 17/07/2024

Replace garage carpet

Amount: $1,530.00
Awarded to: Landlord
Reason: Replace garage carpet

Net award

Landlord $2,516.15

Total payable by Tenant to Landlord

Landlord $2,516.15

Order

Courtney Wilson must pay Michelle White and Dean White $2,516.15 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing on 17 July 2024. The Tribunal awarded outgoings, carpet cleaning costs, and the filing fee totalling $986.15. The award is included in this further order for enforcement purposes.
The landlord’s claim for carpet replacement costs was adjourned for further evidence. The landlord subsequently produced photographs which appear to show numerous yellowish round stains on the garage carpet, probably consistent with a welding activity as alleged.
The 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 4 weeks' rent. The weekly rent was $650.00, and the insurance excess was $1,250.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
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.
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.
It is difficult to assess the full extent of the damage to the carpet from the landlord’s photographs, but I accept the carpet needs replacing. The damage from welding would likely have occurred on a number of occasions. The damage was at least careless, because a reasonably prudent tenant performing such work in the garage would use some protective covering. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I understood the carpet was brand new at the start of the tenancy, which ran for just less than 5 months. I therefore award the amount claimed.

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 4799211 — net $2,516.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4799211 dated 17/07/2024	$986.15	Previous order application 4799211 dated 17/07/2024
Replace garage carpet	$1,530.00	Replace garage carpet
Net award	$2,516.15
Total payable by Tenant to Landlord	$2,516.15

Claims and awards for application 4799211 — net $2,516.15 NZD. Verify on MoJ.

Previous order application 4799211 dated 17/07/2024

Amount: $986.15
Awarded to: Landlord
Reason: Previous order application 4799211 dated 17/07/2024

Replace garage carpet

Amount: $1,530.00
Awarded to: Landlord
Reason: Replace garage carpet

Net award

Landlord $2,516.15

Total payable by Tenant to Landlord

Landlord $2,516.15

Order

Courtney Wilson must pay Michelle White and Dean White $2,516.15 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing on 17 July 2024. The Tribunal awarded outgoings, carpet cleaning costs, and the filing fee totalling $986.15. The award is included in this further order for enforcement purposes.
The landlord’s claim for carpet replacement costs was adjourned for further evidence. The landlord subsequently produced photographs which appear to show numerous yellowish round stains on the garage carpet, probably consistent with a welding activity as alleged.
The 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 4 weeks' rent. The weekly rent was $650.00, and the insurance excess was $1,250.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
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.
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.
It is difficult to assess the full extent of the damage to the carpet from the landlord’s photographs, but I accept the carpet needs replacing. The damage from welding would likely have occurred on a number of occasions. The damage was at least careless, because a reasonably prudent tenant performing such work in the garage would use some protective covering. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I understood the carpet was brand new at the start of the tenancy, which ran for just less than 5 months. I therefore award the amount claimed.

Tenancy Tribunal case 4799211 — Tenancy dispute at 60 Koropupu Street, Pukekohe, Pukekohe 2120

At a glance

Tenancy Tribunal case 4799211 — Tenancy dispute at 60 Koropupu Street, Pukekohe, Pukekohe 2120

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions