What was the outcome of Tenancy Tribunal case 4909853?

The tribunal order states: Eugenio Jr Pardo and Aljane Cabauatan must pay Homely Property

How much money was awarded in case 4909853?

Cleaning: $118.16 awarded to landlord; Cleaning: $118.16 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $681.75 awarded to landlord; Painting: $1,031.50 awarded to landlord; Property Damage: $7,500.00 awarded to landlord; Property Damage: $350.00 awarded to landlord

What type of tenancy dispute was case 4909853?

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

Where can I read the official tribunal order for case 4909853?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10692899-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4909853?

The tribunal order states: Eugenio Jr Pardo and Aljane Cabauatan must pay Homely Property

How much money was awarded in case 4909853?

Cleaning: $118.16 awarded to landlord; Cleaning: $118.16 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $681.75 awarded to landlord; Painting: $1,031.50 awarded to landlord; Property Damage: $7,500.00 awarded to landlord; Property Damage: $350.00 awarded to landlord

What type of tenancy dispute was case 4909853?

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

Where can I read the official tribunal order for case 4909853?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10692899-Tenancy_Tribunal_Order.pdf.

Unit/Flat A, 23 Karina Terrace, Roslyn, Palmerston North Tenancy Tribunal Case 4909853 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Reasons

Claims and awards in Tenancy Tribunal application 4909853 — net $9,820.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lawns and Garden work	$681.75	Lawns and Garden work
Carpet Cleaning	$118.16	Carpet Cleaning
Painting	$1,031.50	Painting
Carpet Cleaning	$118.16	Carpet Cleaning
Insurance excess	$7,500.00	Insurance excess
Temporary carpet repair	$350.00	Temporary carpet repair
Net award	$9,820.01
Total payable by Tenant to Landlord	$9,820.01

Both parties attended the hearing.

The landlord has applied for compensation for clean up costs and repairs at the end of the tenancy and reimbursement of the filing fee following the end of the tenancy. No claim was made for rent arrears.

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.

The tenant did not leave the premises reasonably clean and tidy and the gardens were overgrown. At the commencement of the tenancy the gardens were well planted and in a very tidy condition however by the end of the tenancy the planting had been damaged and required replacement. Part of the claim related to cleaning of the gutters which is the responsibility of the landlord so one hour of labour has been deducted from the claim.

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.

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.

There was damage to the premises caused during the tenancy.

Damage to walls and doors: Throughout the property there were small dents in the walls and scrapes and these required repair and repainting aside from in bedroom 2 which only required touch ups. The tenants said some of the scrapes on the walls had been caused by the moving of the dog cage but they submitted this was not intentional, but could be regarded as careless. This damage is beyond fair wear and tear. There was a claim for damage to a door in the entrance hall, however there was no evidence to support this part of the claim so a deduction of $100.00 of the total claim of $1621.50 has been made. There were screw holes in 4 door frames.

Aside from the screw holes in the doors I accept this damage was not caused intentionally, but can be regarded as careless. The total claim was $1621.50, less the deduction of $100.00.

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.

The house new in 2020 and the tenancy ended in February 2024. Painted walls and doors have an expected life of 7 to 8 years for depreciation purposes. I have taken this into account and award the amount of $1031.50 towards the costs of painting. As each of the areas of damage would be regarded as individual events, and would attract the excess of $1250.00 this award falls under that amount.

Carpet damage: The carpets were damaged throughout: •Lounge : urine staining and rust marks; •Bedroom 1; Areas of carpet had been cut up and placed back poorly and there was staining; •Bedroom 2; Areas of carpet had been cut up and placed back poorly and there was staining; •Bedroom 3; Areas of carpet had been cut up and placed back poorly and there was staining. In some parts of the room there was no carpet at all; •Hallway; Areas of carpet had been cut up and placed back poorly; •Garage; While there as visible staining on the carpet the carpet smelt heavily of urine and deodorizing was not successful.

The carpets required replacement throughout. The tenants accepted that they were responsible for this damage. While the damage to the walls and doors can be regarded as careless, I regard the damage to the carpet falls withing the definition of ‘intentional’ and the tenants are liable for the excesses of $1250.00 for each room.

Attempts to mitigate the loss for tenants were made by having carpet cleaning attempted but this was not successful, so I find the tenants are liable for this cost. They are also liable for the cost of temporary repairs to be made to the carpet in order that the premises could be retenanted prior to new carpet being laid, which has now been undertaken.

Because Homely Property Management Limited As Agent For Jessica Brett has wholly succeeded with the claim I must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 4909853 — net $9,820.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lawns and Garden work	$681.75	Lawns and Garden work
Carpet Cleaning	$118.16	Carpet Cleaning
Painting	$1,031.50	Painting
Carpet Cleaning	$118.16	Carpet Cleaning
Insurance excess	$7,500.00	Insurance excess
Temporary carpet repair	$350.00	Temporary carpet repair
Net award	$9,820.01
Total payable by Tenant to Landlord	$9,820.01

Both parties attended the hearing.

Did the tenant comply with their obligations at the end of the tenancy?

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

There was damage to the premises caused during the tenancy.

Aside from the screw holes in the doors I accept this damage was not caused intentionally, but can be regarded as careless. The total claim was $1621.50, less the deduction of $100.00.

Because Homely Property Management Limited As Agent For Jessica Brett has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4909853 — Property damage at Unit/Flat A, 23 Karina Terrace, Roslyn, Palmerston North

At a glance

Tenancy Tribunal case 4909853 — Property damage at Unit/Flat A, 23 Karina Terrace, Roslyn, Palmerston North

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

Property management

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

Property management

Frequently asked questions