How much money was awarded in case 4589210?

Broken Glass Pane - Front Door: $250.80 awarded to landlord; Cleaning: $580.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Plumbing - Clear Blocked Drain: $205.17 awarded to landlord; Property Damage: $240.00 awarded to landlord; As Detailed Below: $3,816.22 awarded to landlord; Replace Curtains: $480.00 awarded to landlord; Replace Missing Heat Pump: $2,608.70 awarded to landlord; Replace Toilet Door: $350.00 awarded to landlord; Rubbish Removal: $150.00 awarded to landlord; Window Stays Missing: $375.00 awarded to landlord

What type of tenancy dispute was case 4589210?

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

Where can I read the official tribunal order for case 4589210?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9147244-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4589210?

Broken Glass Pane - Front Door: $250.80 awarded to landlord; Cleaning: $580.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Plumbing - Clear Blocked Drain: $205.17 awarded to landlord; Property Damage: $240.00 awarded to landlord; As Detailed Below: $3,816.22 awarded to landlord; Replace Curtains: $480.00 awarded to landlord; Replace Missing Heat Pump: $2,608.70 awarded to landlord; Replace Toilet Door: $350.00 awarded to landlord; Rubbish Removal: $150.00 awarded to landlord; Window Stays Missing: $375.00 awarded to landlord

What type of tenancy dispute was case 4589210?

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

Where can I read the official tribunal order for case 4589210?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9147244-Tribunal_Order_Redacted.pdf.

9 Harrys Place, Kawakawa, Kawakawa 0210 Tenancy Tribunal Case 4589210 — Property damage

Q: What was Tenancy Tribunal case 4589210 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Claims and awards in Tenancy Tribunal application 4589210 — net $6,906.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Broken glass pane - front door	$250.80	Broken glass pane - front door
Lawns and Garden work	$150.00	Lawns and Garden work
Repairs: As detailed below	$3,816.22	Repairs: As detailed below
Replace toilet door	$350.00	Replace toilet door
Cleaning	$580.00	25. The amount claimed for cleaning is fair and reasonable have regard to the condition of the premises evidenced in [The landlord’s representative]’s video.
Rubbish removal	$150.00	Rubbish removal
Replace curtains	$480.00	Replace curtains
__________________________________________________________________________________ 45892102 Lock/key replacement	$240.00	__________________________________________________________________________________ 45892102 Lock/key replacement
Window stays missing	$375.00	Window stays missing
Plumbing - clear blocked drain	$205.17	Plumbing - clear blocked drain
Replace missing heat pump	$2,608.70	Replace missing heat pump
Filing fee reimbursement	$20.44	28. It appears that the tenant has lost the keys.
Net award	$6,906.33
Total payable by Tenant to Landlord	$6,906.33

Claims and awards in Tenancy Tribunal application 4589210 — net $6,906.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Broken glass pane - front door

$250.80

Broken glass pane - front door

Lawns and Garden work

$150.00

Lawns and Garden work

Repairs: As detailed below

$3,816.22

Repairs: As detailed below

Replace toilet door

$350.00

Replace toilet door

Cleaning

$580.00

25. The amount claimed for cleaning is fair and reasonable have regard to the condition of the premises evidenced in [The landlord’s representative]’s video.

Rubbish removal

$150.00

Rubbish removal

Replace curtains

$480.00

Replace curtains

__________________________________________________________________________________ 45892102 Lock/key replacement

$240.00

__________________________________________________________________________________ 45892102 Lock/key replacement

Window stays missing

$375.00

Window stays missing

Plumbing - clear blocked drain

$205.17

Plumbing - clear blocked drain

Replace missing heat pump

$2,608.70

Replace missing heat pump

Filing fee reimbursement

$20.44

28. It appears that the tenant has lost the keys.

Net award

$6,906.33

Total payable by Tenant to Landlord

$6,906.33

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

The tenancy of at is terminated, and possession is granted to immediately.

The Bond Centre is to pay the bond of [Bond number suppressed] to immediately.

The landlord may dispose of all remaining personal property / belongings at the premises as the landlord sees fit, with the exception of any personal documents, which must be dealt with in accordance with sections 62A(4) and (5) of the Residential Tenancies Act 1986.

immediately, calculated as shown in the table below:

Reasons

Background

The landlord’s application sought termination, repairs, rubbish removal, cleaning, and exemplary damages.

The hearing took place today in [Event location suppressed]. [The landlord’s representative] represented the landlord. There was no appearance by the tenant. Termination

The application sought termination on the basis of multiple unremedied breaches by the tenant.

The landlord sent 14-day breach notices to the tenant on 16 February 2023 and 1 May 2023.

The notices identify breaches in respect of damage to the property, exceeding the maximum number of permitted occupants, rubbish, interference with the peace, comfort, and privacy of the neighbourhood, and removal of smoke alarms.

At the hearing today, [The landlord’s representative] confirmed that she spoke to Ms Borell recently. Ms Borell told her that she has left the property and she does not intend to return. She told [The landlord’s representative] that she has removed all of the belongings that she wants to keep, and [The landlord’s representative] can dispose of the rest.

[The landlord’s representative] provided photographs and video evidence showing extensive intentional damage to the property.

The tenancy is terminated under section 56(1) of the Residential Tenancies Act 1986. Damage, rubbish removal, cleaning

[The landlord’s representative]’s evidence shows a history of problems with this tenancy, including [redacted], property damage, anti-social behaviour, and drug use.

In February 2023, [The landlord’s representative] asked a contractor (A R Contracting Services) to provide a quote for damage that was present at that time.

A R Contracting Services quoted $3,816.22 to repair the following: a. Water damage to laundry floor caused by leak from tenant’s washing machine. b. Repair 6 large holes in walls. c. Replace missing front gate. d. Replace missing section of fence.

[The landlord’s representative] provided some additional information about the damage: a. The holes in walls [redacted]. b. Ms Borell sold the front gate. c. Ms Borell removed part of the fence to allow vehicles to drive onto the lawn. d. The leak was due to a blockage in the drainpipe of the tenant’s washing machine.

All of the damage is beyond fair wear and tear, and it occurred during the period of the tenancy. The landlord’s insurance does not cover intentional damage or gradual damage.

The amount claimed for repairs is reasonable and conservative.

The tenant is liable for this cost.

The other damage claimed is: a. Replacement of toilet door. b. Re-glaze broken glass pane (door); c. Replacement of curtains. d. Replacement of window stays. e. Clearing blocked drain (plumber). f. Replacement of heat pump.

[The landlord’s representative]’s photographs and video show that the toilet door was badly damaged. The cost claimed for replacement is fair and reasonable.

One of the glass panes in the front door is cracked. The same damage occurred during the tenancy, and it was re-glazed at a cost of $250.80.

The curtains were new at the beginning of the tenancy. [The landlord’s representative]’s evidence shows that they are now in a badly deteriorated and stained condition. The amount claimed for replacement is fair and reasonable.

Five window stays were missing. It appears that they were intentionally removed, presumably to allow access to the property.

The landlord paid $205.17 for the septic drain to be unblocked. The blockage was due to a child’s toy.

[The landlord’s representative] recently discovered that the heat pump had been entirely removed from the property. The property was left unsecured by the tenant, and it is not possible to know the circumstances in which this happened.

The Residential Tenancies Act states that tenants are liable for damage that occurs during the period of the tenancy unless the tenant can prove that the damage was not caused by themselves or by anyone who was at the property with their consent 1 .

Therefore I find that the tenant is liable for the cost of replacing the heat pump. The proven cost is $2,608.70.

The amount claimed for cleaning is fair and reasonable have regard to the condition of the premises evidenced in [The landlord’s representative]’s video.

The amount of $150.00 for rubbish removal is a significant under-estimate of the likely cost of disposing of the tenant’s remaining belongings and rubbish.

Similarly, lawnmowing and garden tidy up costs are likely to exceed the $150.00 claimed by the landlord. [The landlord’s representative] confirmed that the landlord will accept this amount.

It appears that the tenant has lost the keys. The house was left unsecured. [The landlord’s representative] does not know where the tenant is living now. In the circumstances it is reasonable and appropriate for the landlord to change the locks and secure the property. The amount claimed for change of locks is fair and reasonable. Filing fee, bond, name suppression

The landlord sought name suppression. Name suppression is granted on the grounds that the landlord has been successful in this application 2 . 1 Section 49B(8) RTA 2 Section 95A(1) RTA

On the same basis, I will award the landlord the filing fee 3 .

[The landlord’s representative] confirmed that the landlord is not seeking exemplary damages.

Ms Borrell sent a message to [The landlord’s representative] stating that she does not intend to return to the property, and that [The landlord’s representative] may dispose of any remaining belongings. I have made a disposal order accordingly.

The bond will be released to the landlord.

Claims and awards in Tenancy Tribunal application 4589210 — net $6,906.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Broken glass pane - front door	$250.80	Broken glass pane - front door
Lawns and Garden work	$150.00	Lawns and Garden work
Repairs: As detailed below	$3,816.22	Repairs: As detailed below
Replace toilet door	$350.00	Replace toilet door
Cleaning	$580.00	25. The amount claimed for cleaning is fair and reasonable have regard to the condition of the premises evidenced in [The landlord’s representative]’s video.
Rubbish removal	$150.00	Rubbish removal
Replace curtains	$480.00	Replace curtains
__________________________________________________________________________________ 45892102 Lock/key replacement	$240.00	__________________________________________________________________________________ 45892102 Lock/key replacement
Window stays missing	$375.00	Window stays missing
Plumbing - clear blocked drain	$205.17	Plumbing - clear blocked drain
Replace missing heat pump	$2,608.70	Replace missing heat pump
Filing fee reimbursement	$20.44	28. It appears that the tenant has lost the keys.
Net award	$6,906.33
Total payable by Tenant to Landlord	$6,906.33

Claims and awards in Tenancy Tribunal application 4589210 — net $6,906.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Broken glass pane - front door

$250.80

Broken glass pane - front door

Lawns and Garden work

$150.00

Lawns and Garden work

Repairs: As detailed below

$3,816.22

Repairs: As detailed below

Replace toilet door

$350.00

Replace toilet door

Cleaning

$580.00

25. The amount claimed for cleaning is fair and reasonable have regard to the condition of the premises evidenced in [The landlord’s representative]’s video.

Rubbish removal

$150.00

Rubbish removal

Replace curtains

$480.00

Replace curtains

__________________________________________________________________________________ 45892102 Lock/key replacement

$240.00

__________________________________________________________________________________ 45892102 Lock/key replacement

Window stays missing

$375.00

Window stays missing

Plumbing - clear blocked drain

$205.17

Plumbing - clear blocked drain

Replace missing heat pump

$2,608.70

Replace missing heat pump

Filing fee reimbursement

$20.44

28. It appears that the tenant has lost the keys.

Net award

$6,906.33

Total payable by Tenant to Landlord

$6,906.33

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of at is terminated, and possession is granted to immediately.
The Bond Centre is to pay the bond of [Bond number suppressed] to immediately.
The landlord may dispose of all remaining personal property / belongings at the premises as the landlord sees fit, with the exception of any personal documents, which must be dealt with in accordance with sections 62A(4) and (5) of the Residential Tenancies Act 1986.
immediately, calculated as shown in the table below:

Reasons

Background

The landlord’s application sought termination, repairs, rubbish removal, cleaning, and exemplary damages.
The hearing took place today in [Event location suppressed]. [The landlord’s representative] represented the landlord. There was no appearance by the tenant. Termination
The application sought termination on the basis of multiple unremedied breaches by the tenant.
The landlord sent 14-day breach notices to the tenant on 16 February 2023 and 1 May 2023.
The notices identify breaches in respect of damage to the property, exceeding the maximum number of permitted occupants, rubbish, interference with the peace, comfort, and privacy of the neighbourhood, and removal of smoke alarms.
At the hearing today, [The landlord’s representative] confirmed that she spoke to Ms Borell recently. Ms Borell told her that she has left the property and she does not intend to return. She told [The landlord’s representative] that she has removed all of the belongings that she wants to keep, and [The landlord’s representative] can dispose of the rest.
[The landlord’s representative] provided photographs and video evidence showing extensive intentional damage to the property.
The tenancy is terminated under section 56(1) of the Residential Tenancies Act 1986. Damage, rubbish removal, cleaning
[The landlord’s representative]’s evidence shows a history of problems with this tenancy, including [redacted], property damage, anti-social behaviour, and drug use.
In February 2023, [The landlord’s representative] asked a contractor (A R Contracting Services) to provide a quote for damage that was present at that time.
A R Contracting Services quoted $3,816.22 to repair the following: a. Water damage to laundry floor caused by leak from tenant’s washing machine. b. Repair 6 large holes in walls. c. Replace missing front gate. d. Replace missing section of fence.
[The landlord’s representative] provided some additional information about the damage: a. The holes in walls [redacted]. b. Ms Borell sold the front gate. c. Ms Borell removed part of the fence to allow vehicles to drive onto the lawn. d. The leak was due to a blockage in the drainpipe of the tenant’s washing machine.
All of the damage is beyond fair wear and tear, and it occurred during the period of the tenancy. The landlord’s insurance does not cover intentional damage or gradual damage.
The amount claimed for repairs is reasonable and conservative.
The tenant is liable for this cost.
The other damage claimed is: a. Replacement of toilet door. b. Re-glaze broken glass pane (door); c. Replacement of curtains. d. Replacement of window stays. e. Clearing blocked drain (plumber). f. Replacement of heat pump.
[The landlord’s representative]’s photographs and video show that the toilet door was badly damaged. The cost claimed for replacement is fair and reasonable.
One of the glass panes in the front door is cracked. The same damage occurred during the tenancy, and it was re-glazed at a cost of $250.80.
The curtains were new at the beginning of the tenancy. [The landlord’s representative]’s evidence shows that they are now in a badly deteriorated and stained condition. The amount claimed for replacement is fair and reasonable.
Five window stays were missing. It appears that they were intentionally removed, presumably to allow access to the property.
The landlord paid $205.17 for the septic drain to be unblocked. The blockage was due to a child’s toy.
[The landlord’s representative] recently discovered that the heat pump had been entirely removed from the property. The property was left unsecured by the tenant, and it is not possible to know the circumstances in which this happened.
The Residential Tenancies Act states that tenants are liable for damage that occurs during the period of the tenancy unless the tenant can prove that the damage was not caused by themselves or by anyone who was at the property with their consent 1 .
Therefore I find that the tenant is liable for the cost of replacing the heat pump. The proven cost is $2,608.70.
The amount claimed for cleaning is fair and reasonable have regard to the condition of the premises evidenced in [The landlord’s representative]’s video.
The amount of $150.00 for rubbish removal is a significant under-estimate of the likely cost of disposing of the tenant’s remaining belongings and rubbish.
Similarly, lawnmowing and garden tidy up costs are likely to exceed the $150.00 claimed by the landlord. [The landlord’s representative] confirmed that the landlord will accept this amount.
It appears that the tenant has lost the keys. The house was left unsecured. [The landlord’s representative] does not know where the tenant is living now. In the circumstances it is reasonable and appropriate for the landlord to change the locks and secure the property. The amount claimed for change of locks is fair and reasonable. Filing fee, bond, name suppression
The landlord sought name suppression. Name suppression is granted on the grounds that the landlord has been successful in this application 2 . 1 Section 49B(8) RTA 2 Section 95A(1) RTA
On the same basis, I will award the landlord the filing fee 3 .
[The landlord’s representative] confirmed that the landlord is not seeking exemplary damages.
Ms Borrell sent a message to [The landlord’s representative] stating that she does not intend to return to the property, and that [The landlord’s representative] may dispose of any remaining belongings. I have made a disposal order accordingly.
The bond will be released to the landlord.

Tenancy Tribunal case 4589210 — Property damage at 9 Harrys Place, Kawakawa, Kawakawa 0210

At a glance

Tenancy Tribunal case 4589210 — Property damage at 9 Harrys Place, Kawakawa, Kawakawa 0210

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions