What was the outcome of Tenancy Tribunal case 4883980?

The tribunal order states: Saroosh Malik and Nilufer Shah must pay Crockers Property Management

How much money was awarded in case 4883980?

Filing Fee: $20.44 awarded to landlord; Property Damage: $2,230.90 awarded to landlord

What type of tenancy dispute was case 4883980?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4883980?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10628834-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4883980?

The tribunal order states: Saroosh Malik and Nilufer Shah must pay Crockers Property Management

How much money was awarded in case 4883980?

Filing Fee: $20.44 awarded to landlord; Property Damage: $2,230.90 awarded to landlord

What type of tenancy dispute was case 4883980?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4883980?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10628834-Tenancy_Tribunal_Order.pdf.

Unit/Flat 7, 115 Station Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4883980 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4883980 — net $611.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Carpet replacement (Lounge and 2 bedrooms	$2,230.90	Repairs: Carpet replacement (Lounge and 2 bedrooms
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$611.34
Total payable by Tenant to Landlord	$611.34

Saroosh Malik and Nilufer Shah must pay Crockers Property Management Limited As Agent For Rex And Marlene Webb $611.34 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,640.00 (3122625-020) to Crockers Property Management Limited As Agent For Rex And Marlene Webb immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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.

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: a. Burn marks in the lounge carpet from hot candle wax; and b. Stains/marks on the master bedroom and second bedroom carpet.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The landlord also claimed for carpet replacement in the hallway. I am not satisfied that the stain in the hallway is not because of accidental damage. The tenant says the children did not have drinks on the hallway, and he is not aware of how the mark came to be and it was not there before they left the premise on 1 April 2024. I have deducted $200.00 for the hallway caret from the invoiced amount sought.

The carpet was new in 2017 and I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee

Because Crockers Property Management Limited As Agent For Rex And Marlene Webb has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4883980 — net $611.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Carpet replacement (Lounge and 2 bedrooms	$2,230.90	Repairs: Carpet replacement (Lounge and 2 bedrooms
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$611.34
Total payable by Tenant to Landlord	$611.34

Order

Saroosh Malik and Nilufer Shah must pay Crockers Property Management Limited As Agent For Rex And Marlene Webb $611.34 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,640.00 (3122625-020) to Crockers Property Management Limited As Agent For Rex And Marlene Webb immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
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: a. Burn marks in the lounge carpet from hot candle wax; and b. Stains/marks on the master bedroom and second bedroom carpet.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord also claimed for carpet replacement in the hallway. I am not satisfied that the stain in the hallway is not because of accidental damage. The tenant says the children did not have drinks on the hallway, and he is not aware of how the mark came to be and it was not there before they left the premise on 1 April 2024. I have deducted $200.00 for the hallway caret from the invoiced amount sought.
The carpet was new in 2017 and I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Because Crockers Property Management Limited As Agent For Rex And Marlene Webb has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4883980 — Property damage at Unit/Flat 7, 115 Station Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 4883980 — Property damage at Unit/Flat 7, 115 Station Road, Papatoetoe, Auckland 2025

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions