What was the outcome of Tenancy Tribunal case 4596271?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4596271?

Carpet And Rubbish Disposal: $1,500.00 awarded to landlord; Cleaning: $997.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $121.00 awarded to landlord; Pest Control: $1,050.00 awarded to landlord; Rent: $4,792.14 awarded to landlord; Walls and Doors: $3,450.00 awarded to landlord; Water Charges: $70.36 awarded to landlord

What type of tenancy dispute was case 4596271?

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

Where can I read the official tribunal order for case 4596271?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9448407-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4596271?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4596271?

Carpet And Rubbish Disposal: $1,500.00 awarded to landlord; Cleaning: $997.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $121.00 awarded to landlord; Pest Control: $1,050.00 awarded to landlord; Rent: $4,792.14 awarded to landlord; Walls and Doors: $3,450.00 awarded to landlord; Water Charges: $70.36 awarded to landlord

What type of tenancy dispute was case 4596271?

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

Where can I read the official tribunal order for case 4596271?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9448407-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 35 Coombe Avenue, Otara, Auckland 2023 Tenancy Tribunal Case 4596271 — Property damage

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Unit/Flat 1, 35 Coombe Avenue, Otara, Auckland 2023 Tenancy Tribunal Case 4596271 — 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 4596271 — net $12,000.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 11 May 2023	$4,792.14	Rent to 11 May 2023
Water charges to 5 May 2023	$70.36	Water charges to 5 May 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Carpet and rubbish disposal	$1,500.00	Carpet and rubbish disposal
Pest control	$1,050.00	Pest control
Cleaning	$997.00	Cleaning
Lawns and Garden work	$121.00	Lawns and Garden work
Repairs: Walls and doors	$3,450.00	Repairs: Walls and doors
Net award	$12,000.94
Total payable by Tenant to Landlord	$12,000.94

Claims and awards for application 4596271 — net $12,000.94 NZD. Verify on MoJ.

Rent to 11 May 2023

Amount: $4,792.14
Awarded to: Landlord
Reason: Rent to 11 May 2023

Water charges to 5 May 2023

Amount: $70.36
Awarded to: Landlord
Reason: Water charges to 5 May 2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Carpet and rubbish disposal

Amount: $1,500.00
Awarded to: Landlord
Reason: Carpet and rubbish disposal

Pest control

Amount: $1,050.00
Awarded to: Landlord
Reason: Pest control

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Pest Control Property damage

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Agnes Ioane must pay Point Property And Portfolio Management Limited as Agent for Mr W Ahchnan $12,000.94 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing on 21 September 2023.
The landlord has applied for rent arrears, outgoings, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 11 May 2023. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy.

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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There was whiteware and other belongings left behind in the garage. There were vehicle tyres in the yard. Personal items were left inside. The carpet was in very poor condition and had to be removed (the cost of replacement has not been claimed).
Initial cleaning had to be performed prior to pest control for a flea and cockroach issue (the tenant had at least one dog) and then more cleaning afterwards.
The tenant did not return the keys.
The lawn was overgrown and needed cutting.

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.
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 4 weeks' rent. The insurance excess was $500.00 and the weekly rent $540.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for.
According to the invoice presented, there were about 10 holes in the walls (which the tenant had attempted to plaster over) and damage to 2 internal doors. The window frame in a bedroom was said to be broken although it is difficult to see the damage in the photographs. Some of the damage in the exit inspection photographs seems to duplicate what is visible in the ingoing inspection report from 3 June 2017. It is difficult to tell because the exit inspection report does not label the photographs in the same way. However, the photographs provided with the builder’s invoice look to show damage in different locations to those in the entry report.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee
The landlord’s application has succeeded. I award 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 4596271 — net $12,000.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 11 May 2023	$4,792.14	Rent to 11 May 2023
Water charges to 5 May 2023	$70.36	Water charges to 5 May 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Carpet and rubbish disposal	$1,500.00	Carpet and rubbish disposal
Pest control	$1,050.00	Pest control
Cleaning	$997.00	Cleaning
Lawns and Garden work	$121.00	Lawns and Garden work
Repairs: Walls and doors	$3,450.00	Repairs: Walls and doors
Net award	$12,000.94
Total payable by Tenant to Landlord	$12,000.94

Claims and awards for application 4596271 — net $12,000.94 NZD. Verify on MoJ.

Rent to 11 May 2023

Amount: $4,792.14
Awarded to: Landlord
Reason: Rent to 11 May 2023

Water charges to 5 May 2023

Amount: $70.36
Awarded to: Landlord
Reason: Water charges to 5 May 2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Carpet and rubbish disposal

Amount: $1,500.00
Awarded to: Landlord
Reason: Carpet and rubbish disposal

Pest control

Amount: $1,050.00
Awarded to: Landlord
Reason: Pest control

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Pest Control Property damage

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Agnes Ioane must pay Point Property And Portfolio Management Limited as Agent for Mr W Ahchnan $12,000.94 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing on 21 September 2023.
The landlord has applied for rent arrears, outgoings, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 11 May 2023. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy.

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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There was whiteware and other belongings left behind in the garage. There were vehicle tyres in the yard. Personal items were left inside. The carpet was in very poor condition and had to be removed (the cost of replacement has not been claimed).
Initial cleaning had to be performed prior to pest control for a flea and cockroach issue (the tenant had at least one dog) and then more cleaning afterwards.
The tenant did not return the keys.
The lawn was overgrown and needed cutting.

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.
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 4 weeks' rent. The insurance excess was $500.00 and the weekly rent $540.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for.
According to the invoice presented, there were about 10 holes in the walls (which the tenant had attempted to plaster over) and damage to 2 internal doors. The window frame in a bedroom was said to be broken although it is difficult to see the damage in the photographs. Some of the damage in the exit inspection photographs seems to duplicate what is visible in the ingoing inspection report from 3 June 2017. It is difficult to tell because the exit inspection report does not label the photographs in the same way. However, the photographs provided with the builder’s invoice look to show damage in different locations to those in the entry report.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee
The landlord’s application has succeeded. I award the filing fee.

Tenancy Tribunal case 4596271 — Property damage at Unit/Flat 1, 35 Coombe Avenue, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4596271 — Property damage at Unit/Flat 1, 35 Coombe Avenue, Otara, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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

Key findings

Property management

Frequently asked questions