What was the outcome of Tenancy Tribunal case 5149831?

The tribunal order states: Wendy Doyle must pay Property Brokers Otago Limited As Agent For P. & L.

How much money was awarded in case 5149831?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,542.86 awarded to landlord; Property Damage: $400.00 awarded to landlord; Replace furnishings: 2 x metal cabin…: $150.00 awarded to landlord; Replace Furnishings: Armchair: $150.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Replace furnishings: Carpet rug/squa…: $150.00 awarded to landlord; Property Damage: $50.00 awarded to landlord; Replace Furnishings: Side Table: $200.00 awarded to landlord; Replace Furnishings: Washing Machine: $300.00 awarded to landlord; Rubbish Removal: $640.00 awarded to landlord; Property Damage: $120.00 awarded to landlord

What type of tenancy dispute was case 5149831?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5149831?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11665949-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5149831?

The tribunal order states: Wendy Doyle must pay Property Brokers Otago Limited As Agent For P. & L.

How much money was awarded in case 5149831?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,542.86 awarded to landlord; Property Damage: $400.00 awarded to landlord; Replace furnishings: 2 x metal cabin…: $150.00 awarded to landlord; Replace Furnishings: Armchair: $150.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Replace furnishings: Carpet rug/squa…: $150.00 awarded to landlord; Property Damage: $50.00 awarded to landlord; Replace Furnishings: Side Table: $200.00 awarded to landlord; Replace Furnishings: Washing Machine: $300.00 awarded to landlord; Rubbish Removal: $640.00 awarded to landlord; Property Damage: $120.00 awarded to landlord

What type of tenancy dispute was case 5149831?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5149831?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11665949-Tenancy_Tribunal_Order.pdf.

57 Murray Street, Kew, Dunedin 9012 Tenancy Tribunal Case 5149831 — Property damage

Claims and awards in Tenancy Tribunal application 5149831 — net $3,329.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,542.86	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Rubbish removal: Labour and disposal	$640.00	Rubbish removal: Labour and disposal
Repairs: Bedroom - repair of tenant painting (materials and labour	$400.00	Repairs: Bedroom - repair of tenant painting (materials and labour
Replace furnishings: 2 x metal cabinets	$150.00	Replace furnishings: 2 x metal cabinets
Replace furnishings: Washing machine	$300.00	Replace furnishings: Washing machine
Replace furnishings: Side table	$200.00	Replace furnishings: Side table
Replace furnishings: Armchair	$150.00	Replace furnishings: Armchair
Replace furnishings: Carpet rug/square	$150.00	Replace furnishings: Carpet rug/square
Replace furnishings: Carpet - 4 x insurance excess	$2,000.00	Replace furnishings: Carpet - 4 x insurance excess
Window repairs: Internal glass	$120.00	Window repairs: Internal glass
Replace furnishings: Painted damaged office chair	$50.00	Replace furnishings: Painted damaged office chair
Net award	$3,329.86
Total payable by Tenant to Landlord	$3,329.86

Claims and awards in Tenancy Tribunal application 5149831 — net $3,329.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears

$1,542.86

Rent arrears

Filing fee reimbursement

$27.00

Filing fee reimbursement

Rubbish removal: Labour and disposal

$640.00

Rubbish removal: Labour and disposal

Repairs: Bedroom - repair of tenant painting (materials and labour

$400.00

Repairs: Bedroom - repair of tenant painting (materials and labour

Replace furnishings: 2 x metal cabinets

$150.00

Replace furnishings: 2 x metal cabinets

Replace furnishings: Washing machine

$300.00

Replace furnishings: Washing machine

Replace furnishings: Side table

$200.00

Replace furnishings: Side table

Replace furnishings: Armchair

$150.00

Replace furnishings: Armchair

Replace furnishings: Carpet rug/square

$150.00

Replace furnishings: Carpet rug/square

Replace furnishings: Carpet - 4 x insurance excess

$2,000.00

Replace furnishings: Carpet - 4 x insurance excess

Window repairs: Internal glass

$120.00

Window repairs: Internal glass

Replace furnishings: Painted damaged office chair

$50.00

Replace furnishings: Painted damaged office chair

Net award

$3,329.86

Total payable by Tenant to Landlord

$3,329.86

Order

Wendy Doyle must pay Property Brokers Otago Limited As Agent For P. & L. Jones $3,329.86 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$1,542.86 Filing fee reimbursement$27.00 Rubbish removal: Labour and disposal$640.00 Repairs: Bedroom - repair of tenant painting (materials and labour)$400.00 Replace furnishings: 2 x metal cabinets$150.00 Replace furnishings: Washing machine$300.00 Replace furnishings: Side table$200.00 Replace furnishings: Armchair$150.00 Replace furnishings: Carpet rug/square$150.00 Replace furnishings: Carpet - 4 x insurance excess$2,000.00 Window repairs: Internal glass$120.00 Replace furnishings: Painted damaged office chair$50.00 Total award$5,729.86 Bond$2,400.00 Total payable by Tenant to Landlord$3,329.86

The Bond Centre is to pay the bond of $2,400.00 (5825526-003) to Property Brokers Otago Limited As Agent For P. & L. Jones immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.

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

A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.

How much is owed for rent?

The tenancy started 26 January 2024 and ended on 2 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.

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 did not remove all rubbish.

The following chattels were discovered missing or damaged beyond repair at the end of the tenancy: a. 2 x metal cabinets (gone) b. Washing machine (gone) c. Side table (sold by tenant) d. Armchair (gone) e. Carpet rug/square (beyond repair) f. Office chair (beyond repair)

The amounts ordered are proved. The chattel costs awarded are based on estimated replacement costs. Some are as proposed by the owner, others are reduced from that. The tenancy agreement failed to list all chattels. The premises might be described as partially-furnished. In the absence of such a list, the comprehensive entry photos evidenced the items later claimed as missing or destroyed.

The claim against the tenant for the missing concrete mixer is dismissed as it was unsecured and there is no evidence to prove the tenant had anything to do with its claimed removal.

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.

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.

The following damage was caused during the tenancy: a. Carpet damage in bedrooms and hallway. The landlord provided entry photos to compare to the exit photos that showed extensive deep staining to multiple areas of carpet. The landlord lodged an insurance claim and a $500.00 excess applied. There were four separate carpeted areas replaced. The total excess deducted was $2000.00. Having considered the entry condition and approximate age of the carpet, I am satisfied the excess amount is the lower of that versus indemnity value. b. Glass in internal door/window. The landlord provided a photo of a broken glass pane in a door/window of a furniture piece. It occurred during the tenancy. The cost of replacement of $120.00 is an estimation, as the replacement was not separately invoiced. c. Walls in bedroom. The tenant repainted one bedroom without approval. The quality of the finish was poor and the owner repainted the room after the tenancy ended. I consider the full cost of repainting this room is a tenant liability. The compensation awarded is based on the labour accounting of the owner and an apportionment of the material costs established by invoices. The reason for that is explained below.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

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.

I have dismissed the landlord claims relating to repairs to all other walls and floors. The ingoing condition reflected areas of wear and tear and the exit photos do not evidence all tenant liability. The owner is returning to its house after a two-tenancy absence and I consider there is significant betterment in the other work conducted. I have insufficient comparative evidence of damage to the floors in the dining room and bathroom. The same applies to the back and front door repainting. Filing fee

Because Property Brokers Otago Limited As Agent For P. & L. Jones has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5149831 — net $3,329.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,542.86	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Rubbish removal: Labour and disposal	$640.00	Rubbish removal: Labour and disposal
Repairs: Bedroom - repair of tenant painting (materials and labour	$400.00	Repairs: Bedroom - repair of tenant painting (materials and labour
Replace furnishings: 2 x metal cabinets	$150.00	Replace furnishings: 2 x metal cabinets
Replace furnishings: Washing machine	$300.00	Replace furnishings: Washing machine
Replace furnishings: Side table	$200.00	Replace furnishings: Side table
Replace furnishings: Armchair	$150.00	Replace furnishings: Armchair
Replace furnishings: Carpet rug/square	$150.00	Replace furnishings: Carpet rug/square
Replace furnishings: Carpet - 4 x insurance excess	$2,000.00	Replace furnishings: Carpet - 4 x insurance excess
Window repairs: Internal glass	$120.00	Window repairs: Internal glass
Replace furnishings: Painted damaged office chair	$50.00	Replace furnishings: Painted damaged office chair
Net award	$3,329.86
Total payable by Tenant to Landlord	$3,329.86

Claims and awards in Tenancy Tribunal application 5149831 — net $3,329.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears

$1,542.86

Rent arrears

Filing fee reimbursement

$27.00

Filing fee reimbursement

Rubbish removal: Labour and disposal

$640.00

Rubbish removal: Labour and disposal

Repairs: Bedroom - repair of tenant painting (materials and labour

$400.00

Repairs: Bedroom - repair of tenant painting (materials and labour

Replace furnishings: 2 x metal cabinets

$150.00

Replace furnishings: 2 x metal cabinets

Replace furnishings: Washing machine

$300.00

Replace furnishings: Washing machine

Replace furnishings: Side table

$200.00

Replace furnishings: Side table

Replace furnishings: Armchair

$150.00

Replace furnishings: Armchair

Replace furnishings: Carpet rug/square

$150.00

Replace furnishings: Carpet rug/square

Replace furnishings: Carpet - 4 x insurance excess

$2,000.00

Replace furnishings: Carpet - 4 x insurance excess

Window repairs: Internal glass

$120.00

Window repairs: Internal glass

Replace furnishings: Painted damaged office chair

$50.00

Replace furnishings: Painted damaged office chair

Net award

$3,329.86

Total payable by Tenant to Landlord

$3,329.86

Order

Wendy Doyle must pay Property Brokers Otago Limited As Agent For P. & L. Jones $3,329.86 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$1,542.86 Filing fee reimbursement$27.00 Rubbish removal: Labour and disposal$640.00 Repairs: Bedroom - repair of tenant painting (materials and labour)$400.00 Replace furnishings: 2 x metal cabinets$150.00 Replace furnishings: Washing machine$300.00 Replace furnishings: Side table$200.00 Replace furnishings: Armchair$150.00 Replace furnishings: Carpet rug/square$150.00 Replace furnishings: Carpet - 4 x insurance excess$2,000.00 Window repairs: Internal glass$120.00 Replace furnishings: Painted damaged office chair$50.00 Total award$5,729.86 Bond$2,400.00 Total payable by Tenant to Landlord$3,329.86
The Bond Centre is to pay the bond of $2,400.00 (5825526-003) to Property Brokers Otago Limited As Agent For P. & L. Jones immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.

How much is owed for rent?

The tenancy started 26 January 2024 and ended on 2 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.

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 did not remove all rubbish.
The following chattels were discovered missing or damaged beyond repair at the end of the tenancy: a. 2 x metal cabinets (gone) b. Washing machine (gone) c. Side table (sold by tenant) d. Armchair (gone) e. Carpet rug/square (beyond repair) f. Office chair (beyond repair)
The amounts ordered are proved. The chattel costs awarded are based on estimated replacement costs. Some are as proposed by the owner, others are reduced from that. The tenancy agreement failed to list all chattels. The premises might be described as partially-furnished. In the absence of such a list, the comprehensive entry photos evidenced the items later claimed as missing or destroyed.
The claim against the tenant for the missing concrete mixer is dismissed as it was unsecured and there is no evidence to prove the tenant had anything to do with its claimed removal.

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.
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.
The following damage was caused during the tenancy: a. Carpet damage in bedrooms and hallway. The landlord provided entry photos to compare to the exit photos that showed extensive deep staining to multiple areas of carpet. The landlord lodged an insurance claim and a $500.00 excess applied. There were four separate carpeted areas replaced. The total excess deducted was $2000.00. Having considered the entry condition and approximate age of the carpet, I am satisfied the excess amount is the lower of that versus indemnity value. b. Glass in internal door/window. The landlord provided a photo of a broken glass pane in a door/window of a furniture piece. It occurred during the tenancy. The cost of replacement of $120.00 is an estimation, as the replacement was not separately invoiced. c. Walls in bedroom. The tenant repainted one bedroom without approval. The quality of the finish was poor and the owner repainted the room after the tenancy ended. I consider the full cost of repainting this room is a tenant liability. The compensation awarded is based on the labour accounting of the owner and an apportionment of the material costs established by invoices. The reason for that is explained below.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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.
I have dismissed the landlord claims relating to repairs to all other walls and floors. The ingoing condition reflected areas of wear and tear and the exit photos do not evidence all tenant liability. The owner is returning to its house after a two-tenancy absence and I consider there is significant betterment in the other work conducted. I have insufficient comparative evidence of damage to the floors in the dining room and bathroom. The same applies to the back and front door repainting. Filing fee
Because Property Brokers Otago Limited As Agent For P. & L. Jones has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5149831 — Property damage at 57 Murray Street, Kew, Dunedin 9012

At a glance

Tenancy Tribunal case 5149831 — Property damage at 57 Murray Street, Kew, Dunedin 9012

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

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