How much money was awarded in case 5247551?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,138.57 awarded to landlord

What type of tenancy dispute was case 5247551?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5247551?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12213946-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5247551?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,138.57 awarded to landlord

What type of tenancy dispute was case 5247551?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5247551?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12213946-Tenancy_Tribunal_Order.pdf.

31 Maurice Borich Place, Henderson, Auckland 0610 Tenancy Tribunal Case 5247551 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5247551?

The tribunal order states: Tuilee Bernie Te-kirikowhai Taylor must pay The Worx Property Management

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Order

Claims and awards in Tenancy Tribunal application 5247551 — net $385.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 March 2025	$3,138.57	Rent arrears to 26 March 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$385.57
Total payable by Tenant to Landlord	$385.57

Tuilee Bernie Te-kirikowhai Taylor must pay The Worx Property Management Limited As Agent For M & H Park & Song $385.57 immediately, calculated as shown in table below.

All other claims are dismissed.

The Bond Centre is to pay the bond of $2,780.00 (5849094-003) to The Worx Property Management Limited As Agent For M & H Park & Song immediately.

Reasons

Mr Figgins represented the landlord at the hearing. The tenant did not answer the calls made to her phone.

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

How much is owed for rent and water rates?

The tenancy ended on 26 March 2025 after the tenant was given a 42 day notice. The landlord provided rent records which prove the amount owing at the end of the tenancy.

The claim for water rates was withdrawn at the hearing.

Should the tenant pay for replacement carpet?

There is a claim for part of the cost of replacing the carpet. This is because the landlord believes there was careless damage during the tenancy.

The 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. See section 49B(3)(a) RTA.

The landlord provided the property condition report from the start of the tenancy. The photos taken at the end of the tenancy show the carpet was more stained in every room. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find the landlord has proved there was damage to the carpets during the tenancy.

With claims for replacement carpet I am required to take betterment and depreciation into account. The landlord should be returned to the position they would have been in had the tenant not breached her obligations, and should not be better or worse off.

In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. The IR265 2020, which sets out general depreciation rates for residential premises gives this information for carpet. The numbers are years:

I asked the landlord to find out the age of the carpet but this information was not available during the hearing. The carpet looks to be an older style. There are stains on the carpet in the ingoing inspection. It seems most likely to me the carpets are more than 10 years old and there is no information they were of modular nylon constriction acquired before 1 April 2011. This means the carpet was most likely at the end of its useful life when the carpet was damaged by the tenant.

I find an order the tenant pay for replacement carpet would mean she was paying for an improvement, and the landlord would be better off. This claim is dismissed. Other orders

Because the landlord has succeeded with the claim I have reimbursed the filing fee.

A request has been sent to the Bond Centre.

Order

Claims and awards in Tenancy Tribunal application 5247551 — net $385.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 March 2025	$3,138.57	Rent arrears to 26 March 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$385.57
Total payable by Tenant to Landlord	$385.57

Tuilee Bernie Te-kirikowhai Taylor must pay The Worx Property Management Limited As Agent For M & H Park & Song $385.57 immediately, calculated as shown in table below.

All other claims are dismissed.

The Bond Centre is to pay the bond of $2,780.00 (5849094-003) to The Worx Property Management Limited As Agent For M & H Park & Song immediately.

Reasons

Mr Figgins represented the landlord at the hearing. The tenant did not answer the calls made to her phone.

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

How much is owed for rent and water rates?

The tenancy ended on 26 March 2025 after the tenant was given a 42 day notice. The landlord provided rent records which prove the amount owing at the end of the tenancy.

The claim for water rates was withdrawn at the hearing.

Should the tenant pay for replacement carpet?

There is a claim for part of the cost of replacing the carpet. This is because the landlord believes there was careless damage during the tenancy.

I find an order the tenant pay for replacement carpet would mean she was paying for an improvement, and the landlord would be better off. This claim is dismissed. Other orders

Because the landlord has succeeded with the claim I have reimbursed the filing fee.

A request has been sent to the Bond Centre.

Tenancy Tribunal case 5247551 — Rent arrears at 31 Maurice Borich Place, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 5247551 — Rent arrears at 31 Maurice Borich Place, Henderson, Auckland 0610

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

Should the tenant pay for replacement carpet?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

Should the tenant pay for replacement carpet?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions