Ruling on pen marks

Nate asks:
(updated on Monday, May 20th 2013)

I have a tenant who is moving out and the walls in every room and hallway are covered in pen marks from kids (two and a half year tenancy). The wallpaper was brand new when they moved in and they are happy to pay for the damage. How do I assess how much they need to pay? Is it for complete wall paper of the whole house?

Our Experts Answer:

This type of damage may be covered by an insurance policy, but in many cases the 'actions of children' may be excluded from the cover. Effective regular inspections may have shown this damage occurring over a period of time and the tenant could have been issued with a 14-day notice to remedy, thus perhaps preventing the ongoing damage occurring. Whilst the tenant is liable for the damage, the Tenancy Tribunal may rule that depreciation be applied and the tenant’s liability reduced. Only the impacted walls should be charged for and not necessarily the entire room if all walls are not damaged. The tenant could ask that the Tribunal rule on the outcome.

Most Read

Unity First Home Buyer special 3.95
SBS FirstHome Combo 4.19
ICBC 4.49
Kiwibank Special 4.49
Co-operative Bank - First Home Special 4.55
TSB Special 4.59
Kainga Ora 4.59
Unity Special 4.59
BNZ - Std 4.65
Co-operative Bank - Owner Occ 4.65
ASB Bank 4.65
Kiwibank Special 4.89
ICBC 4.89
Kainga Ora 4.95
China Construction Bank 4.95
Unity Special 5.09
Nelson Building Society 5.09
BNZ - Std 5.09
Westpac Special 5.19
TSB Special 5.19
SBS Bank Special 5.19
ASB Bank 5.25
Westpac Special 5.59
ICBC 5.65
Kainga Ora 5.69
TSB Special 5.79
BNZ - Std 5.79
SBS Bank Special 5.79
Kiwibank Special 5.79
Co-operative Bank - Owner Occ 5.89
ASB Bank 5.89
AIA - Go Home Loans 5.89
China Construction Bank 5.99
SBS FirstHome Combo 3.29
AIA - Back My Build 3.34
SBS Construction lending for FHB 3.74
CFML 321 Loans 3.95
Co-operative Bank - Owner Occ 4.99
Co-operative Bank - Standard 4.99
Heartland Bank - Online 5.30
ICBC 5.39
Kiwibank - Offset 5.65
Kiwibank Special 5.65
Kiwibank 5.65