What was the outcome of Tenancy Tribunal case 4840063?

The tribunal order states: Tyla Ian Holmes and Shonte Holmes must pay Team Group Rentals Limited

How much money was awarded in case 4840063?

Filing Fee: $20.44 awarded to landlord; Paint 13 Walls Depreciated: $1,437.50 awarded to landlord

What type of tenancy dispute was case 4840063?

The dispute type was not classified.

Where can I read the official tribunal order for case 4840063?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10393043-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4840063?

The tribunal order states: Tyla Ian Holmes and Shonte Holmes must pay Team Group Rentals Limited

How much money was awarded in case 4840063?

Filing Fee: $20.44 awarded to landlord; Paint 13 Walls Depreciated: $1,437.50 awarded to landlord

What type of tenancy dispute was case 4840063?

The dispute type was not classified.

Where can I read the official tribunal order for case 4840063?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10393043-Tribunal_Order.pdf.

4 Martha Turnell Crescent, Manor Park, Lower Hutt 5019 Tenancy Tribunal Case 4840063 — Tenancy dispute

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4 Martha Turnell Crescent, Manor Park, Lower Hutt 5019 Tenancy Tribunal Case 4840063 — 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 4840063 — net $1,457.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Paint 13 walls depreciated	$1,437.50	Paint 13 walls depreciated
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,457.94
Total payable by Tenant to Landlord	$1,457.94

Claims and awards for application 4840063 — net $1,457.94 NZD. Verify on MoJ.

Paint 13 walls depreciated

Amount: $1,437.50
Awarded to: Landlord
Reason: Paint 13 walls depreciated

Filing fee reimbursement

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

Net award

Landlord $1,457.94

Total payable by Tenant to Landlord

Landlord $1,457.94

Claim types — money lines allowed on this order

Filing Fee

Order

Tyla Ian Holmes and Shonte Holmes must pay Team Group Rentals Limited Acting As Agent For Isuru Shaminda Hikkaduwa Withanage & Ruwini Deepika Perera Liyanage $1,457.94 immediately, calculated as shown in table below. DescriptionLandlord Paint 13 walls depreciated$1,437.50 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$1,457.94

Reasons

Both parties attended the resumed hearing by teleconference.
The landlord has applied for compensation for walls that needed to be painted after the tenancy ended.

Are the tenants liable 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.
I have considered the evidence provided and have concluded that the damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The tenants believe that the landlord did not assist them sufficiently so they could return to the property and paint walls or have a different contractor go to the property and paint the damaged walls. However the landlord does not have to allow tenants to manage repairs after a tenancy has come to an end.
The landlord has claimed $2,300.00 from the tenants. In the amount I have ordered I have taken betterment into account. 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. I have taken into account that the Tribunal generally accepts that walls in a rental premises will need to be repainted after 8 years. The walls had been painted in 2021. I have allowed 5/8 of the landlord’s remedial painting cost. Filing Fee
Because the landlord has been partly successful with the claim, the filing fee of $20.44 is ordered.

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 4840063 — net $1,457.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Paint 13 walls depreciated	$1,437.50	Paint 13 walls depreciated
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,457.94
Total payable by Tenant to Landlord	$1,457.94

Claims and awards for application 4840063 — net $1,457.94 NZD. Verify on MoJ.

Paint 13 walls depreciated

Amount: $1,437.50
Awarded to: Landlord
Reason: Paint 13 walls depreciated

Filing fee reimbursement

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

Net award

Landlord $1,457.94

Total payable by Tenant to Landlord

Landlord $1,457.94

Claim types — money lines allowed on this order

Filing Fee

Order

Tyla Ian Holmes and Shonte Holmes must pay Team Group Rentals Limited Acting As Agent For Isuru Shaminda Hikkaduwa Withanage & Ruwini Deepika Perera Liyanage $1,457.94 immediately, calculated as shown in table below. DescriptionLandlord Paint 13 walls depreciated$1,437.50 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$1,457.94

Reasons

Both parties attended the resumed hearing by teleconference.
The landlord has applied for compensation for walls that needed to be painted after the tenancy ended.

Are the tenants liable 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.
I have considered the evidence provided and have concluded that the damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The tenants believe that the landlord did not assist them sufficiently so they could return to the property and paint walls or have a different contractor go to the property and paint the damaged walls. However the landlord does not have to allow tenants to manage repairs after a tenancy has come to an end.
The landlord has claimed $2,300.00 from the tenants. In the amount I have ordered I have taken betterment into account. 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. I have taken into account that the Tribunal generally accepts that walls in a rental premises will need to be repainted after 8 years. The walls had been painted in 2021. I have allowed 5/8 of the landlord’s remedial painting cost. Filing Fee
Because the landlord has been partly successful with the claim, the filing fee of $20.44 is ordered.

Tenancy Tribunal case 4840063 — Tenancy dispute at 4 Martha Turnell Crescent, Manor Park, Lower Hutt 5019

At a glance

Tenancy Tribunal case 4840063 — Tenancy dispute at 4 Martha Turnell Crescent, Manor Park, Lower Hutt 5019

At a glance

Award balance

Claims & awards

Order

Reasons

Are the tenants liable 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

Are the tenants liable for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions