Tenancy Tribunal – Damage

Order of the Tribunal
The Tribunal hereby orders:
Nerisa Luatua and Joseph Ah Soon to pay Waikato Real Estate Limited the sum of $1,239.02
immediately calculated as follows:
Rent Arrears to 6 February 2018 $1,153.58
plus Costs to be paid to Landlord:
Carpet cleaning $65.00
Filing fee reimbursement $20.44
The amount payable by Tenant to Landlord $1,239.02

Reasons:
Rent was in arrears at the end of the tenancy.
The bond was refunded to the landlord in full on 26 February 2018.
The balance owing after the bond was credited was proved by a rent ledger.
The landlord provided evidence to satisfy me that a stain on the carpet in one of the bedrooms
occurred during the tenancy and gave evidence of a quote to spot-clean this. I have awarded
this claim.
I have dismissed a claim to repair damage to a wall in the garage because there was no
evidence that this was caused carelessly or intentionally by the tenant. I am not satisfied that
the damage was beyond fair wear and tear.
I also note that no insurance information was provided, as is now required when a claim for
damage is made by a landlord.
A Court of Appeal decision Holler and Rouse v Osaki CA654/2014 [2016] NZCA 130 has clarified
that sections 268 and 269 of the Property Law Act 2007 apply to residential tenancies.
The effect of these sections is that, if a landlord is insured, a tenant is not liable for damage
covered by that insurance unless the damage was intentional or was a result of actions by the
tenant or tenant’s guests that constitute an imprisonable offence. Note: if insurance money is
irrecoverable because of the act or omission of the tenant or tenant’s agent then the tenant
may also be held liable.
I am satisfied that the applicant has been largely successful in the claims brought to the
Tribunal and therefore consider it appropriate that the other party pay the applicant the filing
fee.