What was the outcome of Tenancy Tribunal case 5268883?

The tribunal order states: Talia Helen Taurua and Troy Sebastian Shaw to pay Rural Tenancy Limited As

How much money was awarded in case 5268883?

Property Damage: $900.00 awarded to landlord

What type of tenancy dispute was case 5268883?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5268883?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12195820-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5268883?

The tribunal order states: Talia Helen Taurua and Troy Sebastian Shaw to pay Rural Tenancy Limited As

How much money was awarded in case 5268883?

Property Damage: $900.00 awarded to landlord

What type of tenancy dispute was case 5268883?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5268883?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12195820-Tenancy_Tribunal_Order.pdf.

18 Duncans Road, Hororata, Hororata 7572 Tenancy Tribunal Case 5268883 — Property damage

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18 Duncans Road, Hororata, Hororata 7572 Tenancy Tribunal Case 5268883 — 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 5268883 — net $900.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet replacement, limited to 2 insurance excess, having regard to betterment/depreciation	$900.00	Carpet replacement, limited to 2 insurance excess, having regard to betterment/depreciation
Net award	$900.00
Bond	$1,800.00
Total payable by Tenant to Landlord	$900.00

Claims and awards for application 5268883 — net $900.00 NZD. Verify on MoJ.

Carpet replacement, limited to 2 insurance excess, having regard to betterment/depreciation

Amount: $900.00
Awarded to: Landlord
Reason: Carpet replacement, limited to 2 insurance excess, having regard to betterment/depreciation

Net award

Landlord $900.00

Bond

Landlord $1,800.00

Total payable by Tenant to Landlord

Landlord $900.00

Claim types — money lines allowed on this order

Property damage

Order

Talia Helen Taurua and Troy Sebastian Shaw to pay Rural Tenancy Limited As Agent For Willowmere Hororata Limited $900.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (6541602-006) immediately apportioned as follows: Rural Tenancy Limited As Agent For Willowmere Hororata Limited: $900.00 Talia Helen Taurua and Troy Sebastian Shaw: $900.00

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and refund of the bond following 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. 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.
The carpets in the bedroom and lounge was damaged by pet urine during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord seeks two lots of excess (uninsured loss) arising from the damaged carpets, totalling $1,300.
I have taken into account betterment and depreciation; the carpets are 5 years old. 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 carpets at the start of the tenancy and their likely useful lifespan of about 12 years.
However, calculations of depreciation and betterment are not a science where precision and exactitude can be achieved. I have considered substantial merits and justice of this case having regard to the tenant’s submission that delay in the reconnection of electricity has caused further deterioration to the stain removal efforts of their contractors.
Only the amounts ordered are proved.

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 5268883 — net $900.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet replacement, limited to 2 insurance excess, having regard to betterment/depreciation	$900.00	Carpet replacement, limited to 2 insurance excess, having regard to betterment/depreciation
Net award	$900.00
Bond	$1,800.00
Total payable by Tenant to Landlord	$900.00

Claims and awards for application 5268883 — net $900.00 NZD. Verify on MoJ.

Carpet replacement, limited to 2 insurance excess, having regard to betterment/depreciation

Amount: $900.00
Awarded to: Landlord
Reason: Carpet replacement, limited to 2 insurance excess, having regard to betterment/depreciation

Net award

Landlord $900.00

Bond

Landlord $1,800.00

Total payable by Tenant to Landlord

Landlord $900.00

Claim types — money lines allowed on this order

Property damage

Order

Talia Helen Taurua and Troy Sebastian Shaw to pay Rural Tenancy Limited As Agent For Willowmere Hororata Limited $900.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (6541602-006) immediately apportioned as follows: Rural Tenancy Limited As Agent For Willowmere Hororata Limited: $900.00 Talia Helen Taurua and Troy Sebastian Shaw: $900.00

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and refund of the bond following 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. 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.
The carpets in the bedroom and lounge was damaged by pet urine during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord seeks two lots of excess (uninsured loss) arising from the damaged carpets, totalling $1,300.
I have taken into account betterment and depreciation; the carpets are 5 years old. 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 carpets at the start of the tenancy and their likely useful lifespan of about 12 years.
However, calculations of depreciation and betterment are not a science where precision and exactitude can be achieved. I have considered substantial merits and justice of this case having regard to the tenant’s submission that delay in the reconnection of electricity has caused further deterioration to the stain removal efforts of their contractors.
Only the amounts ordered are proved.

Tenancy Tribunal case 5268883 — Property damage at 18 Duncans Road, Hororata, Hororata 7572

At a glance

Tenancy Tribunal case 5268883 — Property damage at 18 Duncans Road, Hororata, Hororata 7572

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