What was the outcome of Tenancy Tribunal case 4901973?

The tribunal order states: The Bond Centre is to pay the bond of $650.00 (6223714-009) immediately

How much money was awarded in case 4901973?

Filing Fee: $20.44 awarded to landlord; Property Damage: $402.50 awarded to landlord

What type of tenancy dispute was case 4901973?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4901973?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10681325-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4901973?

The tribunal order states: The Bond Centre is to pay the bond of $650.00 (6223714-009) immediately

How much money was awarded in case 4901973?

Filing Fee: $20.44 awarded to landlord; Property Damage: $402.50 awarded to landlord

What type of tenancy dispute was case 4901973?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4901973?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10681325-Tenancy_Tribunal_Order.pdf.

Room 2, Unit/Flat 10, 120 Rintoul Street, Newtown, Tenancy Tribunal Case 4901973 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Room 2, Unit/Flat 10, 120 Rintoul Street, Newtown, Tenancy Tribunal Case 4901973 — 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 4901973. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: to plaster and paint damage	$402.50		Repairs: to plaster and paint damage
Filing fee	$20.44		Filing fee

Claims and awards for application 4901973. Verify on MoJ.

Repairs: to plaster and paint damage

Amount: $402.50
Awarded to: Landlord
Reason: Repairs: to plaster and paint damage

Filing fee

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

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

The Bond Centre is to pay the bond of $650.00 (6223714-009) immediately apportioned as follows: James & Gemma Sharp: $422.94 Jamie Tamaiti Seuren-Downes and Alice Williams: $227.06

Reasons

Both parties attended the hearing. The tenants have applied for the refund of the bond. The landlord has applied for compensation and refund of the bond. The claim for the repair is limited to the bond amount of $650. The question I have to decide is whether the landlord’s claim is reasonable.
The parties agree the damage happened during the tenancy. The landlord has provided me with photos of the damaged wall. See sections 40(2)(a), 41 and 49B Residential Tenancies Act 1986.
Tenants are responsible for intentional damage. Damage is intentional where a person allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
Betterment and depreciation must be taken 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. The age and condition of the items at the start of the tenancy and their likely useful lifespan are relevant considerations.
The tenant had a desk chair that rubbed against the wall when he swivelled while sitting at the desk. Over the course of the tenancy – and over many swivels – the paint and plaster were damaged. I find this meets the Guo v Korck definition of intentional damage.
The damage is more than fair wear and tear. The landlords had a quote done at the time for $750. I am persuaded the work has been completed. The tenant provided a quote done more recently based on the photos for $600. I have considered the submissions and the supporting evidence. I find the landlord’s quote for $402.50 for the plaster repair to be reasonable.
I am not allowing any of the claim for painting. This is because when the repair was done other painting was carried out in the house. The house was last painted in 2011 or 2012, so it seems likely to me that any painting in the bedroom would be an improvement.
Because the landlord has substantially succeeded with the claim I have reimbursed 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 4901973. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: to plaster and paint damage	$402.50		Repairs: to plaster and paint damage
Filing fee	$20.44		Filing fee

Claims and awards for application 4901973. Verify on MoJ.

Repairs: to plaster and paint damage

Amount: $402.50
Awarded to: Landlord
Reason: Repairs: to plaster and paint damage

Filing fee

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

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

The Bond Centre is to pay the bond of $650.00 (6223714-009) immediately apportioned as follows: James & Gemma Sharp: $422.94 Jamie Tamaiti Seuren-Downes and Alice Williams: $227.06

Reasons

Both parties attended the hearing. The tenants have applied for the refund of the bond. The landlord has applied for compensation and refund of the bond. The claim for the repair is limited to the bond amount of $650. The question I have to decide is whether the landlord’s claim is reasonable.
The parties agree the damage happened during the tenancy. The landlord has provided me with photos of the damaged wall. See sections 40(2)(a), 41 and 49B Residential Tenancies Act 1986.
Tenants are responsible for intentional damage. Damage is intentional where a person allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
Betterment and depreciation must be taken 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. The age and condition of the items at the start of the tenancy and their likely useful lifespan are relevant considerations.
The tenant had a desk chair that rubbed against the wall when he swivelled while sitting at the desk. Over the course of the tenancy – and over many swivels – the paint and plaster were damaged. I find this meets the Guo v Korck definition of intentional damage.
The damage is more than fair wear and tear. The landlords had a quote done at the time for $750. I am persuaded the work has been completed. The tenant provided a quote done more recently based on the photos for $600. I have considered the submissions and the supporting evidence. I find the landlord’s quote for $402.50 for the plaster repair to be reasonable.
I am not allowing any of the claim for painting. This is because when the repair was done other painting was carried out in the house. The house was last painted in 2011 or 2012, so it seems likely to me that any painting in the bedroom would be an improvement.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4901973 — Property damage at Room 2, Unit/Flat 10, 120 Rintoul Street, Newtown,

At a glance

Tenancy Tribunal case 4901973 — Property damage at Room 2, Unit/Flat 10, 120 Rintoul Street, Newtown,

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions