What was the outcome of Tenancy Tribunal case 5245234?

The tribunal order states: Kelsey Plested and Devon Kennedy must pay My Rental Specialists Limited

How much money was awarded in case 5245234?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $125.00 awarded to landlord; Property Damage: $2,369.00 awarded to landlord; Property Damage: $2,132.00 awarded to landlord

What type of tenancy dispute was case 5245234?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5245234?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12125254-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5245234?

The tribunal order states: Kelsey Plested and Devon Kennedy must pay My Rental Specialists Limited

How much money was awarded in case 5245234?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $125.00 awarded to landlord; Property Damage: $2,369.00 awarded to landlord; Property Damage: $2,132.00 awarded to landlord

What type of tenancy dispute was case 5245234?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5245234?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12125254-Tenancy_Tribunal_Order.pdf.

128 Chester Street East, Christchurch Central, Tenancy Tribunal Case 5245234 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5245234 — net $2,553.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet replacement	$2,369.00	Carpet replacement
Repairs to reinstate condition of floorboards	$2,132.00	Repairs to reinstate condition of floorboards
Lawns and garden work	$125.00	Lawns and garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,553.00
Total payable by Tenant to Landlord	$2,553.00

Both parties attended the hearing which was held by teleconference. The owner as well as the property manager attended for the landlord. Both Ms Plested and Mr Kennedy attended for the tenants.

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

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord is claiming $125.00 for lawn work at the end of the tenancy. The tenant does not dispute the work needed or the amount charged.

The claim and the amount are proved and ordered by consent of the parties.

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.

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 landlord claims the carpet, the underlay and the floorboards were damaged by the tenants’ cats urinating inside the house. She stated that the cats were not allowed outside, and this contributed to the severity of the damage.

The landlord stated that at the end of the tenancy the carpets were four years old. The cost for the purchase and installation of new carpet was $4,738.00. The cost to repair the floorboards was $2,132.00.

The tenant stated that she and her flatmate had a total of three cats between them. She accepts that her cats caused the damage to the carpet and that the carpet needed replacing and the floorboards needed to be repaired at the end of the tenancy.

The tenant stated that one of the bedrooms had an odour from the beginning of the tenancy, and that she considered a prudent landlord would have pet insurance covering urine damage. She also stated that the carpet was already somewhat marked at the beginning of the tenancy.

I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Because of the extent of the damage and because it occurred over an extended period of time, I determine the damage was intentional. That is to say, once the tenant was aware that damage was occurring, she failed to take the necessary steps to prevent further damage occurring. This makes no difference to the amount of the award, but it could have made a difference to any insurance claim.

The Inland Revenue Depreciation Schedule, IR265 states that a residential carpet has a depreciation life span of 8 years. If this is applied on a straight-line basis, the landlord should be compensated for half of the value of the replacement carpet.

Prior damage to the carpet is accounted for in the depreciation of the value of the carpet prior to the tenants moving in.

Repairs to the floorboards is ordered in full.

The amounts ordered are proved.

Because My Rental Specialists Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5245234 — net $2,553.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet replacement	$2,369.00	Carpet replacement
Repairs to reinstate condition of floorboards	$2,132.00	Repairs to reinstate condition of floorboards
Lawns and garden work	$125.00	Lawns and garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,553.00
Total payable by Tenant to Landlord	$2,553.00

Order

Kelsey Plested and Devon Kennedy must pay My Rental Specialists Limited $2,553.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,100.00 (3188320-023) to My Rental Specialists Limited immediately.

Reasons

Both parties attended the hearing which was held by teleconference. The owner as well as the property manager attended for the landlord. Both Ms Plested and Mr Kennedy attended for the tenants.
The landlord has applied for damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord is claiming $125.00 for lawn work at the end of the tenancy. The tenant does not dispute the work needed or the amount charged.
The claim and the amount are proved and ordered by consent of the parties.

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.
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 landlord claims the carpet, the underlay and the floorboards were damaged by the tenants’ cats urinating inside the house. She stated that the cats were not allowed outside, and this contributed to the severity of the damage.
The landlord stated that at the end of the tenancy the carpets were four years old. The cost for the purchase and installation of new carpet was $4,738.00. The cost to repair the floorboards was $2,132.00.
The tenant stated that she and her flatmate had a total of three cats between them. She accepts that her cats caused the damage to the carpet and that the carpet needed replacing and the floorboards needed to be repaired at the end of the tenancy.
The tenant stated that one of the bedrooms had an odour from the beginning of the tenancy, and that she considered a prudent landlord would have pet insurance covering urine damage. She also stated that the carpet was already somewhat marked at the beginning of the tenancy.
I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because of the extent of the damage and because it occurred over an extended period of time, I determine the damage was intentional. That is to say, once the tenant was aware that damage was occurring, she failed to take the necessary steps to prevent further damage occurring. This makes no difference to the amount of the award, but it could have made a difference to any insurance claim.
The Inland Revenue Depreciation Schedule, IR265 states that a residential carpet has a depreciation life span of 8 years. If this is applied on a straight-line basis, the landlord should be compensated for half of the value of the replacement carpet.
Prior damage to the carpet is accounted for in the depreciation of the value of the carpet prior to the tenants moving in.
Repairs to the floorboards is ordered in full.
The amounts ordered are proved.
Because My Rental Specialists Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5245234 — Property damage at 128 Chester Street East, Christchurch Central,

At a glance

Tenancy Tribunal case 5245234 — Property damage at 128 Chester Street East, Christchurch Central,

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