What was Tenancy Tribunal case 4591129 about?

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

How much money was awarded in case 4591129?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,730.00 awarded to landlord; As Detailed Below: $2,931.12 awarded to landlord; Replace Stove: $585.59 awarded to landlord; Rubbish Removal: $991.88 awarded to landlord

What type of tenancy dispute was case 4591129?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4591129?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9170049-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4591129 about?

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

How much money was awarded in case 4591129?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,730.00 awarded to landlord; As Detailed Below: $2,931.12 awarded to landlord; Replace Stove: $585.59 awarded to landlord; Rubbish Removal: $991.88 awarded to landlord

What type of tenancy dispute was case 4591129?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4591129?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9170049-Tribunal_Order_Redacted.pdf.

Unit/Flat 2, 14A Bank Street, Kaitaia, Kaitaia 0410 Tenancy Tribunal Case 4591129 — Property damage

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Unit/Flat 2, 14A Bank Street, Kaitaia, Kaitaia 0410 Tenancy Tribunal Case 4591129 — Property damage | 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 4591129 — net $5,699.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,730.00	Rent arrears
Rubbish removal	$991.88	Rubbish removal
Repairs: As detailed below	$2,931.12	Repairs: As detailed below
Replace stove	$585.59	Replace stove
Filing fee reimbursement	$20.44	17. The landlord has been substantially successful in this application.
Net award	$5,699.03
Total payable by Tenant to Landlord	$5,699.03

Claims and awards for application 4591129 — net $5,699.03 NZD. Verify on MoJ.

Rent arrears

Amount: $2,730.00
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal

Amount: $991.88
Awarded to: Landlord
Reason: Rubbish removal

Repairs: As detailed below

Amount: $2,931.12
Awarded to: Landlord
Reason: Repairs: As detailed below

Replace stove

Amount: $585.59
Awarded to: Landlord
Reason: Replace stove

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: 17. The landlord has been substantially successful in this application.

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details. 2. 3.

Reasons

The landlord’s application seeks rent arrears, rubbish removal, and repair / replacement costs.
The hearing took place today in [location suppressed]. [The Landlord] attended the hearing by phone. There was no appearance by the tenant. Mr Harris did not request to attend the hearing by phone. The hearing proceeded in Mr Harris’ absence.
Mr Harris’ sole tenancy began in October 2022. Mr Harris had previously occupied the premises with a family member.
The rent payments stopped in February 2023. [The Landlord] attempted to contact Mr Harris, without success.
[The Landlord] began receiving calls from concerned neighbours about the amount of rubbish left outside the house. At that time, it appeared that Mr Harris was still living there.
[The Landlord] arranged for a contractor to visit the property in late February. The property was not secured (missing windows) and it appeared that Mr Harris had left the property. [The Landlord] continued to attempt to contact Mr Harris, without success.
Tenants remain liable for rent for a period of 28-days after the date of discovery of abandonment, in lieu of notice 1 .
There are rent arrears of $2,730.00 to 4 April 2023.
There was a large amount of rubbish left inside and outside the house. The amount claimed for rubbish removal and disposal, per an invoice from [Property Services Company], is fair and reasonable having regard to [The Landlord/s] photographs.
The stove had been removed from the kitchen and dumped outside, for reasons unknown. [The Landlord/s] provided an invoice from Trade Depot proving the cost of $836.56 to replace the stove. I have applied depreciation of 30% to this cost based on [The Landlord/’s] oral evidence that the existing stove was approximately 3 years old.
There was damage to the premises during the tenancy. The claim seeks $7,755.60 per an invoice from [Builders]. The invoice includes repair of 9 holes in walls, re-glazing of 5 broken windows, painting, and “mould treat shower and bath”.
[The Landlord/s] photographs show damage to the lounge wall. The photograph is not clear enough to show 9 separate holes, and I was not provided with photographs of the bedroom walls. The condition of the carpet and paintwork in the photograph indicates that the property has not been redecorated in some time, which [the landlord/] confirmed. 1 Section 61(3)(a)(i) Residential Tenancies Act 1986
The painting cost claimed ($5,244.00 plus GST) represents the cost of painting the entire interior of the unit.
The evidence provided to me does not establish that this cost was a necessary consequence of tenant damage.
In terms of the proven damage to the lounge walls, depreciation must apply to the new paint cost claimed.
I will award 20% of the painting cost claimed, plus the balance of the costs on the [Builders] invoice.
The landlord has been substantially successful in this application. I will award the landlord the filing fee of $20.44.
Name suppression is granted to the landlord.
The bond will be released to the landlord.

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 4591129 — net $5,699.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,730.00	Rent arrears
Rubbish removal	$991.88	Rubbish removal
Repairs: As detailed below	$2,931.12	Repairs: As detailed below
Replace stove	$585.59	Replace stove
Filing fee reimbursement	$20.44	17. The landlord has been substantially successful in this application.
Net award	$5,699.03
Total payable by Tenant to Landlord	$5,699.03

Claims and awards for application 4591129 — net $5,699.03 NZD. Verify on MoJ.

Rent arrears

Amount: $2,730.00
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal

Amount: $991.88
Awarded to: Landlord
Reason: Rubbish removal

Repairs: As detailed below

Amount: $2,931.12
Awarded to: Landlord
Reason: Repairs: As detailed below

Replace stove

Amount: $585.59
Awarded to: Landlord
Reason: Replace stove

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: 17. The landlord has been substantially successful in this application.

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details. 2. 3.

Reasons

The landlord’s application seeks rent arrears, rubbish removal, and repair / replacement costs.
The hearing took place today in [location suppressed]. [The Landlord] attended the hearing by phone. There was no appearance by the tenant. Mr Harris did not request to attend the hearing by phone. The hearing proceeded in Mr Harris’ absence.
Mr Harris’ sole tenancy began in October 2022. Mr Harris had previously occupied the premises with a family member.
The rent payments stopped in February 2023. [The Landlord] attempted to contact Mr Harris, without success.
[The Landlord] began receiving calls from concerned neighbours about the amount of rubbish left outside the house. At that time, it appeared that Mr Harris was still living there.
[The Landlord] arranged for a contractor to visit the property in late February. The property was not secured (missing windows) and it appeared that Mr Harris had left the property. [The Landlord] continued to attempt to contact Mr Harris, without success.
Tenants remain liable for rent for a period of 28-days after the date of discovery of abandonment, in lieu of notice 1 .
There are rent arrears of $2,730.00 to 4 April 2023.
There was a large amount of rubbish left inside and outside the house. The amount claimed for rubbish removal and disposal, per an invoice from [Property Services Company], is fair and reasonable having regard to [The Landlord/s] photographs.
The stove had been removed from the kitchen and dumped outside, for reasons unknown. [The Landlord/s] provided an invoice from Trade Depot proving the cost of $836.56 to replace the stove. I have applied depreciation of 30% to this cost based on [The Landlord/’s] oral evidence that the existing stove was approximately 3 years old.
There was damage to the premises during the tenancy. The claim seeks $7,755.60 per an invoice from [Builders]. The invoice includes repair of 9 holes in walls, re-glazing of 5 broken windows, painting, and “mould treat shower and bath”.
[The Landlord/s] photographs show damage to the lounge wall. The photograph is not clear enough to show 9 separate holes, and I was not provided with photographs of the bedroom walls. The condition of the carpet and paintwork in the photograph indicates that the property has not been redecorated in some time, which [the landlord/] confirmed. 1 Section 61(3)(a)(i) Residential Tenancies Act 1986
The painting cost claimed ($5,244.00 plus GST) represents the cost of painting the entire interior of the unit.
The evidence provided to me does not establish that this cost was a necessary consequence of tenant damage.
In terms of the proven damage to the lounge walls, depreciation must apply to the new paint cost claimed.
I will award 20% of the painting cost claimed, plus the balance of the costs on the [Builders] invoice.
The landlord has been substantially successful in this application. I will award the landlord the filing fee of $20.44.
Name suppression is granted to the landlord.
The bond will be released to the landlord.

Tenancy Tribunal case 4591129 — Property damage at Unit/Flat 2, 14A Bank Street, Kaitaia, Kaitaia 0410

At a glance

Tenancy Tribunal case 4591129 — Property damage at Unit/Flat 2, 14A Bank Street, Kaitaia, Kaitaia 0410

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