What was the outcome of Tenancy Tribunal case 4854694?

The tribunal order states: Monique Cotton must pay Donna Ellis and Richard Ellis $4,903.84 immediately,

How much money was awarded in case 4854694?

Cleaning: $1,628.40 awarded to landlord; Dump Fee: $95.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $4,550.00 awarded to landlord; Property Damage: $650.00 awarded to landlord

What type of tenancy dispute was case 4854694?

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

Where can I read the official tribunal order for case 4854694?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10671327-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4854694?

The tribunal order states: Monique Cotton must pay Donna Ellis and Richard Ellis $4,903.84 immediately,

How much money was awarded in case 4854694?

Cleaning: $1,628.40 awarded to landlord; Dump Fee: $95.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $4,550.00 awarded to landlord; Property Damage: $650.00 awarded to landlord

What type of tenancy dispute was case 4854694?

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

Where can I read the official tribunal order for case 4854694?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10671327-Tenancy_Tribunal_Order.pdf.

23 Lismore Street, Strandon, New Plymouth 4312 Tenancy Tribunal Case 4854694 — Property damage

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23 Lismore Street, Strandon, New Plymouth 4312 Tenancy Tribunal Case 4854694 — 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 4854694 — net $4,903.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$1,628.40	Cleaning
Carpet damage - excess x7	$4,550.00	Carpet damage - excess x7
Window damage - excess	$650.00	Window damage - excess
Dump fee	$95.00	Dump fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,903.84
Total payable by Tenant to Landlord	$4,903.84

Claims and awards for application 4854694 — net $4,903.84 NZD. Verify on MoJ.

Cleaning

Amount: $1,628.40
Awarded to: Landlord
Reason: Cleaning

Carpet damage - excess x7

Amount: $4,550.00
Awarded to: Landlord
Reason: Carpet damage - excess x7

Window damage - excess

Amount: $650.00
Awarded to: Landlord
Reason: Window damage - excess

Dump fee

Amount: $95.00
Awarded to: Landlord
Reason: Dump fee

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Monique Cotton must pay Donna Ellis and Richard Ellis $4,903.84 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,040.00 (3685691-001) to Donna Ellis and Richard Ellis immediately.

Reasons

The hearing was held by teleconference. Ms Ellis attended the hearing for the landlords. The Tribunal was unable to contact the tenant, Ms Cotton. Personal service of the hearing notice on the tenant has been successfully effected. I am therefore satisfied that the tenant is aware of the hearing and has chosen not to attend. I considered it reasonable to proceeded with the hearing in the tenant’s absence.
The landlord has applied for compensation, refund of the bond, 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.
I am satisfied on the evidence produced by the landlords that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord relied on photographic evidence of the condition of the property at the end of tenancy and invoices.
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) 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 carpet was heavily stained and soiled by pet urine and faeces and a large window was broken.
The evidence satisfies me that the tenant allowed her dogs to urinate on the carpet to such an extent that it needed to be replaced. I would have found that the damage was caused intentionally because the tenant could have prevented it but failed to do so. In any case, the landlords limits the claim to the insurance excesses and so that is what I have awarded.
The window damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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.
As the landlord has wholly succeeded with the claim, I must order the other party to 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 4854694 — net $4,903.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$1,628.40	Cleaning
Carpet damage - excess x7	$4,550.00	Carpet damage - excess x7
Window damage - excess	$650.00	Window damage - excess
Dump fee	$95.00	Dump fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,903.84
Total payable by Tenant to Landlord	$4,903.84

Claims and awards for application 4854694 — net $4,903.84 NZD. Verify on MoJ.

Cleaning

Amount: $1,628.40
Awarded to: Landlord
Reason: Cleaning

Carpet damage - excess x7

Amount: $4,550.00
Awarded to: Landlord
Reason: Carpet damage - excess x7

Window damage - excess

Amount: $650.00
Awarded to: Landlord
Reason: Window damage - excess

Dump fee

Amount: $95.00
Awarded to: Landlord
Reason: Dump fee

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Monique Cotton must pay Donna Ellis and Richard Ellis $4,903.84 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,040.00 (3685691-001) to Donna Ellis and Richard Ellis immediately.

Reasons

The hearing was held by teleconference. Ms Ellis attended the hearing for the landlords. The Tribunal was unable to contact the tenant, Ms Cotton. Personal service of the hearing notice on the tenant has been successfully effected. I am therefore satisfied that the tenant is aware of the hearing and has chosen not to attend. I considered it reasonable to proceeded with the hearing in the tenant’s absence.
The landlord has applied for compensation, refund of the bond, 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.
I am satisfied on the evidence produced by the landlords that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord relied on photographic evidence of the condition of the property at the end of tenancy and invoices.
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) 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 carpet was heavily stained and soiled by pet urine and faeces and a large window was broken.
The evidence satisfies me that the tenant allowed her dogs to urinate on the carpet to such an extent that it needed to be replaced. I would have found that the damage was caused intentionally because the tenant could have prevented it but failed to do so. In any case, the landlords limits the claim to the insurance excesses and so that is what I have awarded.
The window damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4854694 — Property damage at 23 Lismore Street, Strandon, New Plymouth 4312

At a glance

Tenancy Tribunal case 4854694 — Property damage at 23 Lismore Street, Strandon, New Plymouth 4312

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

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

Frequently asked questions