What was the outcome of Tenancy Tribunal case 4818697?

The tribunal order states: (This order replaces the incomplete order sent in error earlier in the day)

How much money was awarded in case 4818697?

Filing Fee: $20.44 awarded to landlord; Painting: $2,750.00 awarded to landlord; Property Damage: $1,039.96 awarded to landlord; Property Damage: $600.00 awarded to landlord; Property Damage: $3,000.00 awarded to landlord; Smoke Alarms: $225.75 awarded to landlord

What type of tenancy dispute was case 4818697?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4818697?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10230650-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4818697?

The tribunal order states: (This order replaces the incomplete order sent in error earlier in the day)

How much money was awarded in case 4818697?

Filing Fee: $20.44 awarded to landlord; Painting: $2,750.00 awarded to landlord; Property Damage: $1,039.96 awarded to landlord; Property Damage: $600.00 awarded to landlord; Property Damage: $3,000.00 awarded to landlord; Smoke Alarms: $225.75 awarded to landlord

What type of tenancy dispute was case 4818697?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4818697?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10230650-Tribunal_Order.pdf.

29 Davidson Crescent, Tawa, Wellington 5028 Tenancy Tribunal Case 4818697 — Property damage

Order

(This order replaces the incomplete order sent in error earlier in the day) Jessie Taupo must pay Te Ahuru Mowai Limited Partnership $7,636.15 immediately, calculated as shown in table below. DescriptionLandlord Oven replacement$1,039.96 Carpet repairs$600.00 Curtain replacement$3,000.00 Painting$2,750.00 Replace smoke alarms$225.75 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$7,636.15

Reasons

Claims and awards in Tenancy Tribunal application 4818697 — net $7,636.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Oven replacement	$1,039.96	Oven replacement
Carpet repairs	$600.00	Carpet repairs
Curtain replacement	$3,000.00	Curtain replacement
Painting	$2,750.00	Painting
Replace smoke alarms	$225.75	Replace smoke alarms
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. B Smallbone 19 April 2024 __________________________________…
Net award	$7,636.15
Total payable by Tenant to Landlord	$7,636.15

Both parties attended the hearing.

The landlord has applied for compensation and reimbursement of the filing fee following 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 following chattels were missing at the end of the tenancy: Curtains and smoke alarms were removed from the premises.

I have considered the amount claimed for curtains and have reduced the amount ordered based on inadequate evidence about the actual cost of replacement curtains.

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.

The depreciation is calculated as being 8 years life for the curtains and 1.5 years used. The cost of the alarms is reasonable.

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.

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 oven was damaged beyond repair, walls were damaged by marks and some minor holes and carpet was damaged. The damage is more than fair wear and tear.

The tenant does not dispute the oven and carpet damage.

The oven was replaced at a cost $1,164.76. The life of an oven is about 14 years. The oven was almost 18 months old. The depreciation is 1.5/14.

The repair cost for the carpet is reasonable.

The evidence provided by the applicant about the extent of the marks on walls was limited to a few photos. The amount claimed is for a complete repaint of the walls. The evidence the applicant should have provided for the claim would be photos of all walls needing to be painted and an invoice from the tradesperson showing the work carried out. I accept that some walls had to be painted. I have discounted the amount claimed due to insufficient evidence and depreciation. Filing Fee

Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered.

Claims and awards in Tenancy Tribunal application 4818697 — net $7,636.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Oven replacement	$1,039.96	Oven replacement
Carpet repairs	$600.00	Carpet repairs
Curtain replacement	$3,000.00	Curtain replacement
Painting	$2,750.00	Painting
Replace smoke alarms	$225.75	Replace smoke alarms
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. B Smallbone 19 April 2024 __________________________________…
Net award	$7,636.15
Total payable by Tenant to Landlord	$7,636.15

Order

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following 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 following chattels were missing at the end of the tenancy: Curtains and smoke alarms were removed from the premises.
I have considered the amount claimed for curtains and have reduced the amount ordered based on inadequate evidence about the actual cost of replacement curtains.
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.
The depreciation is calculated as being 8 years life for the curtains and 1.5 years used. The cost of the alarms is reasonable.

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.
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 oven was damaged beyond repair, walls were damaged by marks and some minor holes and carpet was damaged. The damage is more than fair wear and tear.
The tenant does not dispute the oven and carpet damage.
The oven was replaced at a cost $1,164.76. The life of an oven is about 14 years. The oven was almost 18 months old. The depreciation is 1.5/14.
The repair cost for the carpet is reasonable.
The evidence provided by the applicant about the extent of the marks on walls was limited to a few photos. The amount claimed is for a complete repaint of the walls. The evidence the applicant should have provided for the claim would be photos of all walls needing to be painted and an invoice from the tradesperson showing the work carried out. I accept that some walls had to be painted. I have discounted the amount claimed due to insufficient evidence and depreciation. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered.

Tenancy Tribunal case 4818697 — Property damage at 29 Davidson Crescent, Tawa, Wellington 5028

At a glance

Tenancy Tribunal case 4818697 — Property damage at 29 Davidson Crescent, Tawa, Wellington 5028

At a glance

Award balance

Claims & awards

Order

Reasons

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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Property management

Frequently asked questions