What was the outcome of Tenancy Tribunal case 5054450?

The tribunal order states: Judith Cornelius must pay Watson Real Estate Limited T/A Landlords Link Ltd

How much money was awarded in case 5054450?

Filing Fee: $27.00 awarded to landlord; Painting: $1,250.00 awarded to landlord

What type of tenancy dispute was case 5054450?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5054450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11398180-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5054450?

The tribunal order states: Judith Cornelius must pay Watson Real Estate Limited T/A Landlords Link Ltd

How much money was awarded in case 5054450?

Filing Fee: $27.00 awarded to landlord; Painting: $1,250.00 awarded to landlord

What type of tenancy dispute was case 5054450?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5054450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11398180-Tenancy_Tribunal_Order.pdf.

111 Heads Road, Gonville, Whanganui 4501 Tenancy Tribunal Case 5054450 — Property damage

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111 Heads Road, Gonville, Whanganui 4501 Tenancy Tribunal Case 5054450 — 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 5054450 — net $1,071.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Painting	$1,250.00	Repairs: Painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,071.21
Total payable by Tenant to Landlord	$1,071.21

Claims and awards for application 5054450 — net $1,071.21 NZD. Verify on MoJ.

Repairs: Painting

Amount: $1,250.00
Awarded to: Landlord
Reason: Repairs: Painting

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,071.21

Total payable by Tenant to Landlord

Landlord $1,071.21

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Judith Cornelius must pay Watson Real Estate Limited T/A Landlords Link Ltd Acting Agent For Malkit & Jasmine Singh Sandhu & Payne $1,071.21 immediately, calculated as shown in table below. DescriptionLandlord Repairs: Painting$1,250.00 Filing fee reimbursement$27.00 Total award$1,277.00 Bond$205.79 Total payable by Tenant to Landlord$1,071.21
The Bond Centre is to pay the bond of $205.79 (6457043-002) to Watson Real Estate Limited T/A Landlords Link Ltd Acting Agent For Malkit & Jasmine Singh Sandhu & Payne 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.
Some issues in the application had been resolved before the hearing. The only issue before me was the landlord’s claim for painting repairs of $2452.54.

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 that there was paint damage to walls in the lounge and three bedrooms. The tenant accepted that there was damage in the lounge but disputed the amount claimed. The tenant also said that the other “damage” was just wear and tear as a result of living in the house. She said that “touch ups” would be adequate to fix any minor damage and that repainting whole walls was unreasonable.
Having viewed the ingoing and outgoing photographs, I find that there was damage to the lounge and bedroom 4 walls which was more than fair wear and tear. The walls in bedrooms 2 and 3 have some scuff marks, consistent with fair wear and tear. I find that the tenant is not liable for repainting the walls in those two rooms. I have awarded the landlord $1,250 for repainting in the lounge and bedroom four.
As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee. I have not granted the landlord’s request for suppression because, on balance, I do not consider than either party was substantially successful.

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 5054450 — net $1,071.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Painting	$1,250.00	Repairs: Painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,071.21
Total payable by Tenant to Landlord	$1,071.21

Claims and awards for application 5054450 — net $1,071.21 NZD. Verify on MoJ.

Repairs: Painting

Amount: $1,250.00
Awarded to: Landlord
Reason: Repairs: Painting

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,071.21

Total payable by Tenant to Landlord

Landlord $1,071.21

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Judith Cornelius must pay Watson Real Estate Limited T/A Landlords Link Ltd Acting Agent For Malkit & Jasmine Singh Sandhu & Payne $1,071.21 immediately, calculated as shown in table below. DescriptionLandlord Repairs: Painting$1,250.00 Filing fee reimbursement$27.00 Total award$1,277.00 Bond$205.79 Total payable by Tenant to Landlord$1,071.21
The Bond Centre is to pay the bond of $205.79 (6457043-002) to Watson Real Estate Limited T/A Landlords Link Ltd Acting Agent For Malkit & Jasmine Singh Sandhu & Payne 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.
Some issues in the application had been resolved before the hearing. The only issue before me was the landlord’s claim for painting repairs of $2452.54.

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 that there was paint damage to walls in the lounge and three bedrooms. The tenant accepted that there was damage in the lounge but disputed the amount claimed. The tenant also said that the other “damage” was just wear and tear as a result of living in the house. She said that “touch ups” would be adequate to fix any minor damage and that repainting whole walls was unreasonable.
Having viewed the ingoing and outgoing photographs, I find that there was damage to the lounge and bedroom 4 walls which was more than fair wear and tear. The walls in bedrooms 2 and 3 have some scuff marks, consistent with fair wear and tear. I find that the tenant is not liable for repainting the walls in those two rooms. I have awarded the landlord $1,250 for repainting in the lounge and bedroom four.
As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee. I have not granted the landlord’s request for suppression because, on balance, I do not consider than either party was substantially successful.

Tenancy Tribunal case 5054450 — Property damage at 111 Heads Road, Gonville, Whanganui 4501

At a glance

Tenancy Tribunal case 5054450 — Property damage at 111 Heads Road, Gonville, Whanganui 4501

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