What was the outcome of Tenancy Tribunal case 5422469?

The tribunal order states: Summer Raumati Tuhirangi Tutukitewharau must pay Climber Property Limited

How much money was awarded in case 5422469?

Filing Fee: $28.00 awarded to landlord; Property Damage: $1,149.52 awarded to landlord; Rent Arrears: $630.00 awarded to landlord

What type of tenancy dispute was case 5422469?

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

Where can I read the official tribunal order for case 5422469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13274967-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5422469?

The tribunal order states: Summer Raumati Tuhirangi Tutukitewharau must pay Climber Property Limited

How much money was awarded in case 5422469?

Filing Fee: $28.00 awarded to landlord; Property Damage: $1,149.52 awarded to landlord; Rent Arrears: $630.00 awarded to landlord

What type of tenancy dispute was case 5422469?

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

Where can I read the official tribunal order for case 5422469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13274967-Tenancy_Tribunal_Order.pdf.

2 Marlene Avenue, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 5422469 — Property damage

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Reasons

Claims and awards in Tenancy Tribunal application 5422469 — net $1,807.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 12/03/2026	$630.00	Rent arrears as at 12/03/2026
Carpet damage (depreciated value after payments	$1,149.52	Carpet damage (depreciated value after payments
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,807.52
Total payable by Tenant to Landlord	$1,807.52

This is a landlord’s application seeking recovery of rent arrears and compensation for damage to the premises, specifically the cost of carpet supply and installation said to arise from damage caused by the tenant during the tenancy.

A hearing was held by video conference. The landlord attended. The tenant did not attend. I am satisfied that the notice of hearing was properly served on the tenant. No explanation has been provided for the tenant’s non-attendance. Being satisfied that proper service was effected and that it was fair and reasonable to proceed, I conducted the hearing in the tenant’s absence. Background

The tenancy commenced on 17 December 2021. The rent payable is $630.00 per week.

The landlord claims: a. Rent arrears of $630 as at 12 March 2026. b. Compensation for carpet supply and installation, being a remaining balance of $2,576.18.

The landlord provided a rent summary in support of the rent arrears claim.

In relation to the carpet, the landlord says that during a routine inspection in 2025 significant stains and damage to the carpet were discovered. The landlord relies on the entry inspection report and photographs which show that the carpet was new or near new at the start of the tenancy and in good condition with no visible staining. The landlord also provided photographs from the 2025 inspection which show the carpet to be heavily stained.

The landlord replaced the carpet and produced an invoice totalling $4,076.18. The invoice describes the work as the supply and installation of Aoraki TM4799 carpet with 10mm underlay, including uplift and labour.

The landlord further says the tenant agreed to a repayment arrangement of $100 per week towards the cost of the carpet replacement. Fifteen payments were made totalling $1,500. No payments have been received since 1 December 2025, leaving a claimed balance of $2,576.18. Legal Framework

Under section 40(1)(a) of the Residential Tenancies Act 1986, tenants must pay rent when it becomes due.

Sections 40(2)(a) and 41 of the RTA require tenants not to intentionally or carelessly damage, or permit damage to be caused to, the premises. Tenants are also responsible for the actions of any person who is lawfully at the premises with the tenant’s permission.

Section 49B of the RTA provides that where damage occurs and is more than fair wear and tear, the tenant is liable for the cost of repairing that damage where it results from the tenant’s intentional or careless act or omission.

However, tenants are not liable for fair wear and tear. Fair wear and tear reflects the natural and gradual deterioration that occurs through ordinary use of the premises over time.

The landlord bears the onus of proving that damage occurred during the tenancy and that it exceeds fair wear and tear. Inspection reports, photographs, and repair invoices are relevant evidence in establishing such claims.

Even where liability for damage is established, the Tribunal must consider depreciation and avoid betterment. A landlord is not entitled to recover the cost of replacing an item with a new one where the damaged item had already partially reached the end of its useful life. An allowance must therefore be made for the age and expected lifespan of items such as carpet. Rent Arrears

The landlord produced a rent summary showing rent arrears of $630 as at 12 March 2026.

The tenant did not attend the hearing to dispute this claim and no contrary evidence has been provided.

I am satisfied on the evidence that the tenant owes rent arrears of $630. The claim for rent arrears is therefore established. Carpet Damage

The entry inspection report and accompanying photographs show the carpet to have been in new or near new condition at the start of the tenancy.

The landlord produced inspection photographs taken in 2025 showing extensive staining to the carpet. The nature and extent of the staining goes beyond what would reasonably be expected from normal use of the premises and cannot be characterised as fair wear and tear.

I therefore find that the carpet damage occurred during the tenancy and exceeded fair wear and tear.

In the absence of any explanation from the tenant, and on the balance of probabilities, I find that the damage was caused carelessly by the tenant or by persons permitted by them to be at the premises. Liability for the damage is therefore established under sections 40(2)(a), 41 and 49B of the RTA.

The landlord replaced the carpet at a cost of $4,076.18. The invoice supports that amount.

However, the Tribunal must consider depreciation. Inland Revenue depreciation guidelines for residential rental property indicate that carpet has an estimated useful life of approximately 10 years.

The carpet was new or near new at the commencement of the tenancy in December 2021. The damage was discovered during an inspection in 2025. By that time the carpet had reached approximately three to four years of age, meaning that approximately 30–40 percent of its useful life had been consumed.

Adopting a midpoint assessment, I find that approximately 35 percent of the carpet’s life had been used, leaving approximately 65 percent of its useful life remaining.

Applying this depreciation to the replacement cost of $4,076.18 results in a recoverable amount of $2,649.52.

The tenant has already made payments totalling $1,500 towards the replacement cost pursuant to an agreed repayment arrangement.

After crediting those payments, the remaining balance owing is approximately $1,149.52.

Although the landlord claimed $2,576.18 as the remaining balance, that figure does not properly account for depreciation. The Tribunal must ensure that the landlord is not placed in a better position than if the damage had not occurred. The landlord is therefore entitled only to the depreciated value of the carpet. Conclusion

The landlord has established the claim for rent arrears and has also established that the tenant carelessly caused damage to the carpet which exceeded fair wear and tear.

After allowing for depreciation and crediting payments already made by the tenant, the recoverable amount for the carpet replacement is $1,149.52.

Accordingly, the tenant is liable to pay: •Rent arrears: $630.00 •Carpet damage (depreciated value after payments): $1,149.52

The total amount payable is $1,779.52. Filing fee

As the landlord has substantially succeeded with the claim, I have reimbursed the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5422469 — net $1,807.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 12/03/2026	$630.00	Rent arrears as at 12/03/2026
Carpet damage (depreciated value after payments	$1,149.52	Carpet damage (depreciated value after payments
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,807.52
Total payable by Tenant to Landlord	$1,807.52