What was the outcome of Tenancy Tribunal case 4560013?

The tribunal order states: Tanatui Samuels must pay Visionwest Community Trust $12,546.64

How much money was awarded in case 4560013?

Cleaning: $3,751.30 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $241.50 awarded to landlord; Plumbing: $391.00 awarded to landlord; Walls: $2,800.00 awarded to landlord; Rubbish Removal: $2,700.00 awarded to landlord; Water Rates: $2,777.00 awarded to landlord; Property Damage: $353.40 awarded to landlord

What type of tenancy dispute was case 4560013?

The primary dispute was Cleanliness. Related themes: Property damage, Leaks.

Where can I read the official tribunal order for case 4560013?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9608546-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4560013?

The tribunal order states: Tanatui Samuels must pay Visionwest Community Trust $12,546.64

How much money was awarded in case 4560013?

Cleaning: $3,751.30 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $241.50 awarded to landlord; Plumbing: $391.00 awarded to landlord; Walls: $2,800.00 awarded to landlord; Rubbish Removal: $2,700.00 awarded to landlord; Water Rates: $2,777.00 awarded to landlord; Property Damage: $353.40 awarded to landlord

What type of tenancy dispute was case 4560013?

The primary dispute was Cleanliness. Related themes: Property damage, Leaks.

Where can I read the official tribunal order for case 4560013?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9608546-Tenancy_Tribunal_Order.pdf.

14 Scarlet Drive, Ranui, Auckland 0612 Tenancy Tribunal Case 4560013 — Cleanliness

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14 Scarlet Drive, Ranui, Auckland 0612 Tenancy Tribunal Case 4560013 — Cleanliness | 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 4560013 — net $12,546.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: Payless bins x 6	$2,700.00	Rubbish removal: Payless bins x 6
Pest control	$241.50	Pest control
Window repairs: Waitakere Glass	$353.40	Window repairs: Waitakere Glass
Repairs: Plumbing	$391.00	Repairs: Plumbing
Water rates	$2,777.00	Water rates
Repairs: Walls	$2,800.00	Repairs: Walls
Cleaning	$3,751.30	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$12,546.64
Total payable by Tenant to Landlord	$12,546.64

Claims and awards for application 4560013 — net $12,546.64 NZD. Verify on MoJ.

Rubbish removal: Payless bins x 6

Amount: $2,700.00
Awarded to: Landlord
Reason: Rubbish removal: Payless bins x 6

Pest control

Amount: $241.50
Awarded to: Landlord
Reason: Pest control

Window repairs: Waitakere Glass

Amount: $353.40
Awarded to: Landlord
Reason: Window repairs: Waitakere Glass

Repairs: Plumbing

Amount: $391.00
Awarded to: Landlord
Reason: Repairs: Plumbing

Water rates

Amount: $2,777.00
Awarded to: Landlord
Reason: Water rates

Claim types — money lines allowed on this order

Cleanliness Filing Fee Pest Control Property damage Rubbish Removal Water Rates

Order

Tanatui Samuels must pay Visionwest Community Trust $12,546.64 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $488.00 (3483727-005) to Visionwest Community Trust immediately.

Reasons

The landlord attended the hearing, the respondent did not.
The landlord has applied for compensation, damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 16 December 2022, but the tenant continued to occupy the property until 3 March 2023. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $2777.00.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
Three skip bins had been provided for the tenant’s use during the tenancy which the tenant has not paid for.
Three more skip bins were needed for the rubbish that was left inside and outside the house at the end of the tenancy.
The amounts ordered are proved.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
The following damage was caused during the tenancy: a. Twelve small holes to walls that required patching, plastering and painting. b. Four doors that were damaged and needed replacing. c. Laundry doorframe damaged by an animal and needed replacing. d. Curtains removed from two rooms. e. Repaint of the interior due to extensive marks to the walls. f. Broken window that was repaired earlier in the tenancy and not paid for by the tenant.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord submitted that insurance was available for the damage but wasn’t sought. The insurance excess is $10,000. The landlord also submitted that he considered the damage was the result of carelessness and not intention.
The tenant must pay the lesser amount of the insurance excess or four weeks market rent. The market rent for the property is estimated at $700.00 per week. The tenant’s liability for the careless damage is therefore limited to $2800.00.
The amounts ordered are proved.
I have 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.
The following claims were not proved, and were dismissed: a. Replacement oven ($1246.47). b. Broken window ($201.34).
Because Visionwest Community Trust has substantially succeeded with the claim I have reimbursed the filing fee.

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 4560013 — net $12,546.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: Payless bins x 6	$2,700.00	Rubbish removal: Payless bins x 6
Pest control	$241.50	Pest control
Window repairs: Waitakere Glass	$353.40	Window repairs: Waitakere Glass
Repairs: Plumbing	$391.00	Repairs: Plumbing
Water rates	$2,777.00	Water rates
Repairs: Walls	$2,800.00	Repairs: Walls
Cleaning	$3,751.30	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$12,546.64
Total payable by Tenant to Landlord	$12,546.64

Claims and awards for application 4560013 — net $12,546.64 NZD. Verify on MoJ.

Rubbish removal: Payless bins x 6

Amount: $2,700.00
Awarded to: Landlord
Reason: Rubbish removal: Payless bins x 6

Pest control

Amount: $241.50
Awarded to: Landlord
Reason: Pest control

Window repairs: Waitakere Glass

Amount: $353.40
Awarded to: Landlord
Reason: Window repairs: Waitakere Glass

Repairs: Plumbing

Amount: $391.00
Awarded to: Landlord
Reason: Repairs: Plumbing

Water rates

Amount: $2,777.00
Awarded to: Landlord
Reason: Water rates

Claim types — money lines allowed on this order

Cleanliness Filing Fee Pest Control Property damage Rubbish Removal Water Rates

Order

Tanatui Samuels must pay Visionwest Community Trust $12,546.64 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $488.00 (3483727-005) to Visionwest Community Trust immediately.

Reasons

The landlord attended the hearing, the respondent did not.
The landlord has applied for compensation, damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 16 December 2022, but the tenant continued to occupy the property until 3 March 2023. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $2777.00.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
Three skip bins had been provided for the tenant’s use during the tenancy which the tenant has not paid for.
Three more skip bins were needed for the rubbish that was left inside and outside the house at the end of the tenancy.
The amounts ordered are proved.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
The following damage was caused during the tenancy: a. Twelve small holes to walls that required patching, plastering and painting. b. Four doors that were damaged and needed replacing. c. Laundry doorframe damaged by an animal and needed replacing. d. Curtains removed from two rooms. e. Repaint of the interior due to extensive marks to the walls. f. Broken window that was repaired earlier in the tenancy and not paid for by the tenant.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord submitted that insurance was available for the damage but wasn’t sought. The insurance excess is $10,000. The landlord also submitted that he considered the damage was the result of carelessness and not intention.
The tenant must pay the lesser amount of the insurance excess or four weeks market rent. The market rent for the property is estimated at $700.00 per week. The tenant’s liability for the careless damage is therefore limited to $2800.00.
The amounts ordered are proved.
I have 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.
The following claims were not proved, and were dismissed: a. Replacement oven ($1246.47). b. Broken window ($201.34).
Because Visionwest Community Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4560013 — Cleanliness at 14 Scarlet Drive, Ranui, Auckland 0612

At a glance

Tenancy Tribunal case 4560013 — Cleanliness at 14 Scarlet Drive, Ranui, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

Did the tenant comply with their obligations at the end of the tenancy?

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

How much is owed for water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions