What was the outcome of Tenancy Tribunal case 5386965?

The tribunal order states: Tim Penton and Alex Penton to pay Cooper & Co Real Estate Limited As Agent

How much money was awarded in case 5386965?

Property Damage: $1,000.00 awarded to landlord; Walls: $460.00 awarded to landlord

What type of tenancy dispute was case 5386965?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5386965?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13005031-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5386965?

The tribunal order states: Tim Penton and Alex Penton to pay Cooper & Co Real Estate Limited As Agent

How much money was awarded in case 5386965?

Property Damage: $1,000.00 awarded to landlord; Walls: $460.00 awarded to landlord

What type of tenancy dispute was case 5386965?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5386965?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13005031-Tenancy_Tribunal_Order.pdf.

6 Belle Vue Avenue, Northcote Point, Auckland 0627 Tenancy Tribunal Case 5386965 — Property damage

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6 Belle Vue Avenue, Northcote Point, Auckland 0627 Tenancy Tribunal Case 5386965 — 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 5386965 — net $1,460.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: walls	$460.00	Repairs: walls
Repairs: flooring, limited to insurance excess	$1,000.00	Repairs: flooring, limited to insurance excess
Net award	$1,460.00
Bond	$3,800.00
Total payable by Tenant to Landlord	$1,460.00

Claims and awards for application 5386965 — net $1,460.00 NZD. Verify on MoJ.

Repairs: walls

Amount: $460.00
Awarded to: Landlord
Reason: Repairs: walls

Repairs: flooring, limited to insurance excess

Amount: $1,000.00
Awarded to: Landlord
Reason: Repairs: flooring, limited to insurance excess

Net award

Landlord $1,460.00

Bond

Landlord $3,800.00

Total payable by Tenant to Landlord

Landlord $1,460.00

Claim types — money lines allowed on this order

Property damage

Order

Tim Penton and Alex Penton to pay Cooper & Co Real Estate Limited As Agent For Jacqui Howard $1,460.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,800.00 (6472021-009) immediately apportioned as follows: Cooper & Co Real Estate Limited As Agent For Jacqui Howard: $1,460.00 Tim Penton and Alex Penton: $2,340.00

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and refund of the bond following the end of the tenancy. The tenant has applied for the return of their bond in full.

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 following damage was caused during the tenancy: kitchen benchtop, walls and wooden floor.
I find the damage to the kitchen benchtop to be fair wear and tear. Consequently, the landlord’s claim for reimbursement of marble kitchen resurfacing costs fails.
I find the damage to the walls and wooden floor are more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only the amounts ordered are proved.
I have taken into account the cost of repairs to the floor being covered by the landlord's insurance, and limited the tenant's liability to the lesser of the insurance excess of $1,000.00 accordingly.
I have also 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.

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 5386965 — net $1,460.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: walls	$460.00	Repairs: walls
Repairs: flooring, limited to insurance excess	$1,000.00	Repairs: flooring, limited to insurance excess
Net award	$1,460.00
Bond	$3,800.00
Total payable by Tenant to Landlord	$1,460.00

Claims and awards for application 5386965 — net $1,460.00 NZD. Verify on MoJ.

Repairs: walls

Amount: $460.00
Awarded to: Landlord
Reason: Repairs: walls

Repairs: flooring, limited to insurance excess

Amount: $1,000.00
Awarded to: Landlord
Reason: Repairs: flooring, limited to insurance excess

Net award

Landlord $1,460.00

Bond

Landlord $3,800.00

Total payable by Tenant to Landlord

Landlord $1,460.00

Claim types — money lines allowed on this order

Property damage

Order

Tim Penton and Alex Penton to pay Cooper & Co Real Estate Limited As Agent For Jacqui Howard $1,460.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,800.00 (6472021-009) immediately apportioned as follows: Cooper & Co Real Estate Limited As Agent For Jacqui Howard: $1,460.00 Tim Penton and Alex Penton: $2,340.00

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and refund of the bond following the end of the tenancy. The tenant has applied for the return of their bond in full.

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 following damage was caused during the tenancy: kitchen benchtop, walls and wooden floor.
I find the damage to the kitchen benchtop to be fair wear and tear. Consequently, the landlord’s claim for reimbursement of marble kitchen resurfacing costs fails.
I find the damage to the walls and wooden floor are more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only the amounts ordered are proved.
I have taken into account the cost of repairs to the floor being covered by the landlord's insurance, and limited the tenant's liability to the lesser of the insurance excess of $1,000.00 accordingly.
I have also 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.

Tenancy Tribunal case 5386965 — Property damage at 6 Belle Vue Avenue, Northcote Point, Auckland 0627

At a glance

Tenancy Tribunal case 5386965 — Property damage at 6 Belle Vue Avenue, Northcote Point, Auckland 0627

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