Tenantcheck Insights · Case study
Tenancy Tribunal case 5424426 — Tenancy dispute at 16 Tory Street, Wesley, Auckland 1041
Published 7 May 2026 · Application 5424426
- Property damage
- Replace Furnishings
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
R Harvey-Lane
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $803.36
- Total balance for Tenant to pay Landlord
- $803.36
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Replace furnishings: Carpet | $803.36 | Replace furnishings: Carpet | |
| Net award | $803.36 | ||
| Total payable by Tenant to Landlord | $803.36 |
Claims and awards for application 5424426 — net $803.36 NZD. Verify on MoJ.
Replace furnishings: Carpet
- Amount
- $803.36
- Awarded to
- Landlord
- Reason
- Replace furnishings: Carpet
Net award
Landlord $803.36
Total payable by Tenant to Landlord
Landlord $803.36
Order
- Catherine Moana Atkinson must pay Kāinga Ora–Homes and Communities $803.36 immediately, as calculated in the table below:
Reasons
- The landlord attended the hearing. The tenant did not attend, and the hearing proceeded in her absence.
- The landlord has applied for compensation for damage at the property. Background
- The tenancy commenced in 2022 and remains ongoing.
- In September 2025, the landlord says that the tenant requested that the landlord address odour and staining to the carpet at the property. Following inspection, the landlord says that they determined that damage had been caused by the tenant’s dog and that the carpet could not be remediated and would require replacement to the living room and hallway entrance.
- The landlord replaced the carpet at a cost of $1,333.36 and seeks to recover this cost from the tenant by way of compensation. Relevant law and discussion
- Under section 49 of the Residential Tenancies Act 1986 (RTA), a tenant is liable for damage to premises caused by a failure to meet their obligations, including damage caused by pets.
- Compensation is intended to place the landlord in the position they would have been in had the breach not occurred. A landlord is not entitled to betterment. Where damaged items are replaced with new items, the Tribunal must consider depreciation and the remaining useful life of the item at the time of the damage.
- On review of the evidence, I am satisfied that the staining and odour to the carpet were caused by the tenant (or their pet), and that this damage went beyond reasonable wear and tear. Replacement of the carpet was reasonable as remediation was not effective.
- The carpet was installed new in around 2022 and replaced in September 2025, making it approximately three years old at the time of the damage.
- The Tribunal commonly accepts a useful life of 10 years for residential carpet. On that basis, the carpet had approximately seven years of remaining useful life at the time it was damaged and replaced.
- Although the replacement occurred during the tenancy and the tenant continues to occupy the premises, the landlord has nevertheless received a new asset and retains the benefit of that asset, possibly beyond the length of the tenancy.
- The principles of depreciation and betterment therefore apply.
- I award $933.36 to the landlord for the carpet replacement to reflect betterment.
- The tenant has been making regular payments towards the carpet replacement and has paid $130.00 since February 2026. Accordingly, these payments are deducted from the final amount awarded. The remaining outstanding amount is therefore $803.36 and is ordered. R Harvey-Lane 07 May 2026
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s49
Key findings
- Dispute theme: property damage
- Dispute theme: replace furnishings
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5424426?
The tribunal order states: Catherine Moana Atkinson must pay Kāinga Ora–Homes and Communities
How much money was awarded in case 5424426?
Replace Furnishings: Carpet: $803.36 awarded to landlord
What type of tenancy dispute was case 5424426?
The dispute type was not classified.
Where can I read the official tribunal order for case 5424426?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13555852-Tenancy_Tribunal_Order.pdf.