How much money was awarded in case 4592179?

Filing Fee: $20.44 awarded to tenant; chips on top stair and plaster/paint…: $800.00 awarded to landlord; Kitchen Cupboard: $590.00 awarded to landlord; Water Rates: $102.91 awarded to landlord

What type of tenancy dispute was case 4592179?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4592179?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9171269-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4592179?

Filing Fee: $20.44 awarded to tenant; chips on top stair and plaster/paint…: $800.00 awarded to landlord; Kitchen Cupboard: $590.00 awarded to landlord; Water Rates: $102.91 awarded to landlord

What type of tenancy dispute was case 4592179?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4592179?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9171269-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4592179 — Property damage

Q: What was Tenancy Tribunal case 4592179 about?

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

Order

Claims and awards in Tenancy Tribunal application 4592179 — net $1,472.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: kitchen cupboard	$590.00		Repairs: kitchen cupboard
Repairs: chips on top stair and plaster/paint fix	$800.00		Repairs: chips on top stair and plaster/paint fix
Water rates	$102.91		Water rates
Filing fee reimbursement		$20.44	Filing fee reimbursement
Total award	$1,492.91	$20.44
Net award	$1,472.47
Bond	$4,720.00
Total payable by Tenant to Landlord	$1,472.47

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

[The tenant/s] to pay [The landlord/s] $1,472.47 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $4,720.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,472.47 [The tenant/s]: $3,247.53

Reasons

Both parties attended the hearing which was held by telephone. [The landlord's agent] appeared as agent for the landlord and [The tenant/s], the tenant.

This is a tenancy which began on 18 July 2019 and ended on 12 May 2023. The property was put on the market for sale at the end of May 2023.

The tenant said she had a good relationship with the owner who lived next door and just wanted her bond back. The tenant was agreeable to some repairs and water usage to come out of the bond, but not to the extent as told to her by the agent.

The tenant has front footed the problem of her bond not being refunded and seeks the Tribunal to make a determination. Cleaning and Repairs

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.

There is no issue from the landlord that the tenant left the premises in a clean and tidy condition. The tenant paid professional cleaners, rubbish removers and deep cleaned the carpet at her own cost.

The tenant was not able to find a missing door to a kitchen cabinet and agreed that the landlord replace the door and internal rubbish bin which had broken. The landlord replaced 2 doors of the cabinet and the rubbish bin. It is reasonable for the landlord to want to match the kitchen doors when repairing it and award the amount of $590.00 for this repair.

This takes into account that the cabinet was no longer brand new. The landlord should only be put back to a place where if the cabinet had not gone missing, the value of it plus the cost of the repair.

The tenant also agreed there were 3 chips on the wall and a piece of plaster at the top of the stairs from a gate removal that needed fixing.

The house is now 5 years old. Having considered the photos provided by the tenant of the chips and hearing from the agent that labour costs are high, the amount of $800.00 is an adequate off-set to cover the cost of the repairs to the chips, hole for the gate removal, plastering and painting for this discrete area. The bond payment will account for this as the tenant was agreeable to a reasonable amount being taken out of the bond for the repair. Water Bills

The agent says the tenant owes $576.48 in water usage and wants that taken out of the bond to be refunded.

The tenant says she paid for the fixed waste water charges during the tenancy. The tenant was reimbursed for $432.00 for the invoices she could find. These though addressed to the landlord were sent to the tenancy address. The tenant tenant the invoices in full. The 2021 invoices are missing. Some of the invoices from 2020 and 2022 were also missing. The tenant said she was not able to get the missing invoices as they were not in her name.

I am not satisfied the tenant owes $576.48 in water usage given she has not been reimbursed for all the fixed water charges during the tenancy. The tenant is agreeable to pay $102.91 for water usage and provided her calculations about this which are reasonable. This amount will be debited from the bond refund. Filing Fee and Name Suppression

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

The tenant is seeking suppression of identifying details in any publication of this order. If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Section 95A Residential Tenancies Act 1986.

The tenant has been substantially successful in these proceedings. The landlord has had some success in off-setting the bond refund. Having considered the factors in this case the Tribunal grants suppression of the tenant and landlord’s details as sought.

Claims and awards in Tenancy Tribunal application 4592179 — net $1,472.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: kitchen cupboard	$590.00		Repairs: kitchen cupboard
Repairs: chips on top stair and plaster/paint fix	$800.00		Repairs: chips on top stair and plaster/paint fix
Water rates	$102.91		Water rates
Filing fee reimbursement		$20.44	Filing fee reimbursement
Total award	$1,492.91	$20.44
Net award	$1,472.47
Bond	$4,720.00
Total payable by Tenant to Landlord	$1,472.47

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord’s name and identifying details.
[The tenant/s] to pay [The landlord/s] $1,472.47 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $4,720.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,472.47 [The tenant/s]: $3,247.53

Reasons

Both parties attended the hearing which was held by telephone. [The landlord's agent] appeared as agent for the landlord and [The tenant/s], the tenant.
This is a tenancy which began on 18 July 2019 and ended on 12 May 2023. The property was put on the market for sale at the end of May 2023.
The tenant said she had a good relationship with the owner who lived next door and just wanted her bond back. The tenant was agreeable to some repairs and water usage to come out of the bond, but not to the extent as told to her by the agent.
The tenant has front footed the problem of her bond not being refunded and seeks the Tribunal to make a determination. Cleaning and Repairs
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.
There is no issue from the landlord that the tenant left the premises in a clean and tidy condition. The tenant paid professional cleaners, rubbish removers and deep cleaned the carpet at her own cost.
The tenant was not able to find a missing door to a kitchen cabinet and agreed that the landlord replace the door and internal rubbish bin which had broken. The landlord replaced 2 doors of the cabinet and the rubbish bin. It is reasonable for the landlord to want to match the kitchen doors when repairing it and award the amount of $590.00 for this repair.
This takes into account that the cabinet was no longer brand new. The landlord should only be put back to a place where if the cabinet had not gone missing, the value of it plus the cost of the repair.
The tenant also agreed there were 3 chips on the wall and a piece of plaster at the top of the stairs from a gate removal that needed fixing.
The house is now 5 years old. Having considered the photos provided by the tenant of the chips and hearing from the agent that labour costs are high, the amount of $800.00 is an adequate off-set to cover the cost of the repairs to the chips, hole for the gate removal, plastering and painting for this discrete area. The bond payment will account for this as the tenant was agreeable to a reasonable amount being taken out of the bond for the repair. Water Bills
The agent says the tenant owes $576.48 in water usage and wants that taken out of the bond to be refunded.
The tenant says she paid for the fixed waste water charges during the tenancy. The tenant was reimbursed for $432.00 for the invoices she could find. These though addressed to the landlord were sent to the tenancy address. The tenant tenant the invoices in full. The 2021 invoices are missing. Some of the invoices from 2020 and 2022 were also missing. The tenant said she was not able to get the missing invoices as they were not in her name.
I am not satisfied the tenant owes $576.48 in water usage given she has not been reimbursed for all the fixed water charges during the tenancy. The tenant is agreeable to pay $102.91 for water usage and provided her calculations about this which are reasonable. This amount will be debited from the bond refund. Filing Fee and Name Suppression
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The tenant is seeking suppression of identifying details in any publication of this order. If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Section 95A Residential Tenancies Act 1986.
The tenant has been substantially successful in these proceedings. The landlord has had some success in off-setting the bond refund. Having considered the factors in this case the Tribunal grants suppression of the tenant and landlord’s details as sought.

Tenancy Tribunal case 4592179 — Property damage

At a glance

Tenancy Tribunal case 4592179 — Property damage

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