What was the outcome of Tenancy Tribunal case 4885821?

The tribunal order states: Cassandra Fazakerley must pay The Property Specialists Limited (T/A One

How much money was awarded in case 4885821?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4796359 D…: $734.73 awarded to landlord; Property Damage: $2,750.00 awarded to landlord

What type of tenancy dispute was case 4885821?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4885821?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10619787-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4885821?

The tribunal order states: Cassandra Fazakerley must pay The Property Specialists Limited (T/A One

How much money was awarded in case 4885821?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4796359 D…: $734.73 awarded to landlord; Property Damage: $2,750.00 awarded to landlord

What type of tenancy dispute was case 4885821?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4885821?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10619787-Tenancy_Tribunal_Order.pdf.

14 Beach Street, Waikouaiti, Waikouaiti 9510 Tenancy Tribunal Case 4885821 — Property damage

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14 Beach Street, Waikouaiti, Waikouaiti 9510 Tenancy Tribunal Case 4885821 — 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 4885821 — net $3,505.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4796359 dated 22/04/2024	$734.73	Previous order application 4796359 dated 22/04/2024
Insurance excesses re carpet replacement	$2,750.00	Insurance excesses re carpet replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,505.17
Total payable by Tenant to Landlord	$3,505.17

Claims and awards for application 4885821 — net $3,505.17 NZD. Verify on MoJ.

Previous order application 4796359 dated 22/04/2024

Amount: $734.73
Awarded to: Landlord
Reason: Previous order application 4796359 dated 22/04/2024

Insurance excesses re carpet replacement

Amount: $2,750.00
Awarded to: Landlord
Reason: Insurance excesses re carpet replacement

Filing fee reimbursement

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

Net award

Landlord $3,505.17

Total payable by Tenant to Landlord

Landlord $3,505.17

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Cassandra Fazakerley must pay The Property Specialists Limited (T/A One Agency) - As Agent For Kerry Latham & Ashley Spencer $3,505.17 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 22/4/2024 under application 4796359.

Reasons

The landlord attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
On 22/4/2024 the Tribunal made an order relating to this tenancy, for rent arrears to 30/3/2024 and refund of the bond.
The previous order is incorporated into this order for enforcement purposes.

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.
The landlord claimed six insurance excesses for replacement of the carpets in the lounge, dining, hallway and three bedrooms due to damage from animal urine.
In support of the claim the landlord provided information from the carpet cleaner, insurance company and an approximation of the cost of the carpet replacement.
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.
I am persuaded by the evidence that damage was caused during the tenancy to carpets in six rooms, requiring replacement.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
However, the claim of $50.00 for rubbish removal fails due to lack of any evidence to support the claim.
As The Property Specialists Limited (T/A One Agency) - As Agent For Kerry Latham & Ashley Spencer has wholly succeeded with the claim I must award 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 4885821 — net $3,505.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4796359 dated 22/04/2024	$734.73	Previous order application 4796359 dated 22/04/2024
Insurance excesses re carpet replacement	$2,750.00	Insurance excesses re carpet replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,505.17
Total payable by Tenant to Landlord	$3,505.17

Claims and awards for application 4885821 — net $3,505.17 NZD. Verify on MoJ.

Previous order application 4796359 dated 22/04/2024

Amount: $734.73
Awarded to: Landlord
Reason: Previous order application 4796359 dated 22/04/2024

Insurance excesses re carpet replacement

Amount: $2,750.00
Awarded to: Landlord
Reason: Insurance excesses re carpet replacement

Filing fee reimbursement

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

Net award

Landlord $3,505.17

Total payable by Tenant to Landlord

Landlord $3,505.17

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Cassandra Fazakerley must pay The Property Specialists Limited (T/A One Agency) - As Agent For Kerry Latham & Ashley Spencer $3,505.17 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 22/4/2024 under application 4796359.

Reasons

The landlord attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
On 22/4/2024 the Tribunal made an order relating to this tenancy, for rent arrears to 30/3/2024 and refund of the bond.
The previous order is incorporated into this order for enforcement purposes.

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.
The landlord claimed six insurance excesses for replacement of the carpets in the lounge, dining, hallway and three bedrooms due to damage from animal urine.
In support of the claim the landlord provided information from the carpet cleaner, insurance company and an approximation of the cost of the carpet replacement.
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.
I am persuaded by the evidence that damage was caused during the tenancy to carpets in six rooms, requiring replacement.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
However, the claim of $50.00 for rubbish removal fails due to lack of any evidence to support the claim.
As The Property Specialists Limited (T/A One Agency) - As Agent For Kerry Latham & Ashley Spencer has wholly succeeded with the claim I must award the filing fee.

Tenancy Tribunal case 4885821 — Property damage at 14 Beach Street, Waikouaiti, Waikouaiti 9510

At a glance

Tenancy Tribunal case 4885821 — Property damage at 14 Beach Street, Waikouaiti, Waikouaiti 9510

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