What was the outcome of Tenancy Tribunal case 4923473?

The tribunal order states: Paula Ritaniara-Pene must pay Inspire Property Management Limited - as Agent

How much money was awarded in case 4923473?

Filing Fee: $20.44 awarded to landlord; Less: Adjustment For Betterment: $4,410.65 awarded to tenant; Property Damage: $4,370.00 awarded to landlord; Property Damage: $1,150.00 awarded to landlord; Property Damage: $299.00 awarded to landlord; Rent: $80.00 awarded to landlord; Replace Carpet In 3 Bedrooms: $3,301.29 awarded to landlord

What type of tenancy dispute was case 4923473?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4923473?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10877459-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4923473?

The tribunal order states: Paula Ritaniara-Pene must pay Inspire Property Management Limited - as Agent

How much money was awarded in case 4923473?

Filing Fee: $20.44 awarded to landlord; Less: Adjustment For Betterment: $4,410.65 awarded to tenant; Property Damage: $4,370.00 awarded to landlord; Property Damage: $1,150.00 awarded to landlord; Property Damage: $299.00 awarded to landlord; Rent: $80.00 awarded to landlord; Replace Carpet In 3 Bedrooms: $3,301.29 awarded to landlord

What type of tenancy dispute was case 4923473?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4923473?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10877459-Tenancy_Tribunal_Order.pdf.

25 Holland Street, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 4923473 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4923473 — net $4,810.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to 1 May 2024	$80.00		Rent to 1 May 2024
Repairs to walls in 3 bedrooms	$4,370.00		Repairs to walls in 3 bedrooms
Replace carpet in 3 bedrooms	$3,301.29		Replace carpet in 3 bedrooms
Replacement blinds	$1,150.00		Replacement blinds
Replace damaged cooktop	$299.00		Replace damaged cooktop
Filing fee reimbursement	$20.44		Filing fee reimbursement
Less: adjustment for betterment		$4,410.65	Less: adjustment for betterment
Total award	$9,220.73	$4,410.65
Net award	$4,810.08
Total payable by Tenant to Landlord	$4,810.08

The landlord attended the hearing today.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond has already been refunded.

How much is owed for rent?

The tenancy ended on 1 May 2024. The landlord provided rent records which prove the amount owing at 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.

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 4 weeks' rent. The insurance excess was $2,000.00 and insurers applied this on a room-by-room basis. The weekly rent was $585.00.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.

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.

The stove top was cracked at the end of the tenancy and had to be replaced.

The window blinds were damaged in the bedrooms and the lounge.

There was damage to the walls in the bedrooms. Each area of damage is relatively minor, consisting of chips and scrapes, but there are a lot of them, so the damage is widespread and is more than fair wear and tear. The invoiced cost of repair in bedrooms 1 and 2 was $1,552.50 in each room. The cost of repair in bedroom 3, which was slightly less damaged, was $1,265.00. The invoiced repair costs for the walls total $4,370.00.

The carpets were stained in the bedrooms and had to be replaced. There had been an ongoing issue during the tenancy with the carpets from December 2021. The landlord required the tenant to clean the carpet several times. The invoices for these cleaning costs refer to ink and food stains and a stain that required a patch repair. The staining at the end of the tenancy is more evident looking at digital copies of the landlord’s photographs. The stains individually are generally relatively small but again it is the number of stains which probably explains why insurers accepted the carpets needed replacing. The invoiced cost of carpet replacement is $3,301.29.

I have not awarded any compensation for damage to the bathroom walls. This does not appear to be included in any of the invoices. The main damage in the bathroom was to the vanity, which had to be removed and replaced. I understood that this was not being claimed. The wall damage in the bathroom is minor, and likely relates to the removal of a towel rail.

The total invoiced cost for repairs to walls and carpet replacement is $7,671.29. Before adjustment for betterment and depreciation, this means the average cost of wall repairs and carpet replacement per bedroom is about $2,557.00. This is above the excess of $2,000.00 but consistent with insurers’ assessment of the quantum of the damage per bedroom.

I have adjusted the claim for repairs to walls, replacement carpet and blinds to allow for depreciation. The landlord should be returned to the position they would have been in if the tenant had not damaged the premises. The carpets and walls were newly renovated at the start of the tenancy on 31 January 2019. The landlord is therefore entitled to be compensated for walls and carpet that were about 5 years old. I have discounted the claim for walls, carpet, and blinds by 50%.

The adjustment for depreciation brings the claim for wall repairs and carpet replacement per room below the insurance excess of $2,000.00. Filing fee

The landlord’s application has succeeded. The filing fee must be awarded.

Claims and awards in Tenancy Tribunal application 4923473 — net $4,810.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to 1 May 2024	$80.00		Rent to 1 May 2024
Repairs to walls in 3 bedrooms	$4,370.00		Repairs to walls in 3 bedrooms
Replace carpet in 3 bedrooms	$3,301.29		Replace carpet in 3 bedrooms
Replacement blinds	$1,150.00		Replacement blinds
Replace damaged cooktop	$299.00		Replace damaged cooktop
Filing fee reimbursement	$20.44		Filing fee reimbursement
Less: adjustment for betterment		$4,410.65	Less: adjustment for betterment
Total award	$9,220.73	$4,410.65
Net award	$4,810.08
Total payable by Tenant to Landlord	$4,810.08

Order

Paula Ritaniara-Pene must pay Inspire Property Management Limited - as Agent for Raman Govinden $4,810.08 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond has already been refunded.

How much is owed for rent?

The tenancy ended on 1 May 2024. The landlord provided rent records which prove the amount owing at 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.
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 4 weeks' rent. The insurance excess was $2,000.00 and insurers applied this on a room-by-room basis. The weekly rent was $585.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
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.
The stove top was cracked at the end of the tenancy and had to be replaced.
The window blinds were damaged in the bedrooms and the lounge.
There was damage to the walls in the bedrooms. Each area of damage is relatively minor, consisting of chips and scrapes, but there are a lot of them, so the damage is widespread and is more than fair wear and tear. The invoiced cost of repair in bedrooms 1 and 2 was $1,552.50 in each room. The cost of repair in bedroom 3, which was slightly less damaged, was $1,265.00. The invoiced repair costs for the walls total $4,370.00.
The carpets were stained in the bedrooms and had to be replaced. There had been an ongoing issue during the tenancy with the carpets from December 2021. The landlord required the tenant to clean the carpet several times. The invoices for these cleaning costs refer to ink and food stains and a stain that required a patch repair. The staining at the end of the tenancy is more evident looking at digital copies of the landlord’s photographs. The stains individually are generally relatively small but again it is the number of stains which probably explains why insurers accepted the carpets needed replacing. The invoiced cost of carpet replacement is $3,301.29.
I have not awarded any compensation for damage to the bathroom walls. This does not appear to be included in any of the invoices. The main damage in the bathroom was to the vanity, which had to be removed and replaced. I understood that this was not being claimed. The wall damage in the bathroom is minor, and likely relates to the removal of a towel rail.
The total invoiced cost for repairs to walls and carpet replacement is $7,671.29. Before adjustment for betterment and depreciation, this means the average cost of wall repairs and carpet replacement per bedroom is about $2,557.00. This is above the excess of $2,000.00 but consistent with insurers’ assessment of the quantum of the damage per bedroom.
I have adjusted the claim for repairs to walls, replacement carpet and blinds to allow for depreciation. The landlord should be returned to the position they would have been in if the tenant had not damaged the premises. The carpets and walls were newly renovated at the start of the tenancy on 31 January 2019. The landlord is therefore entitled to be compensated for walls and carpet that were about 5 years old. I have discounted the claim for walls, carpet, and blinds by 50%.
The adjustment for depreciation brings the claim for wall repairs and carpet replacement per room below the insurance excess of $2,000.00. Filing fee
The landlord’s application has succeeded. The filing fee must be awarded.

Tenancy Tribunal case 4923473 — Property damage at 25 Holland Street, Pukekohe, Pukekohe 2120

At a glance

Tenancy Tribunal case 4923473 — Property damage at 25 Holland Street, Pukekohe, Pukekohe 2120

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions