How much money was awarded in case 4601689?

Cleaning: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $370.59 awarded to landlord; Rent Arrears: $3,945.00 awarded to landlord; Detailed Below: $5,353.25 awarded to landlord; Rubbish Removal: $433.55 awarded to landlord

What type of tenancy dispute was case 4601689?

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

Where can I read the official tribunal order for case 4601689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9167163-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4601689?

Cleaning: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $370.59 awarded to landlord; Rent Arrears: $3,945.00 awarded to landlord; Detailed Below: $5,353.25 awarded to landlord; Rubbish Removal: $433.55 awarded to landlord

What type of tenancy dispute was case 4601689?

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

Where can I read the official tribunal order for case 4601689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9167163-Tribunal_Order_Redacted.pdf.

19A North Road, Kaitaia, Kaitaia 0410 Tenancy Tribunal Case 4601689 — Property damage

Q: What was Tenancy Tribunal case 4601689 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 4601689 — net $9,122.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 May 2023	$3,945.00	9. The landlord’s rent record establishes rent arrears of $3,945.00 to 22 May
Rubbish removal	$433.55	Rubbish removal
Repair broken ranchslider and broken windows	$370.59	Repair broken ranchslider and broken windows
Cleaning and minor repairs	$600.00	Cleaning and minor repairs
Repairs: Detailed below	$5,353.25	Repairs: Detailed below
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,122.83
Total payable by Tenant to Landlord	$9,122.83

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

Rehu Tania Josephine Rose Murray must pay [The landlord/s] $9,122.83 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Background

The tenancy began in February 2022.

In January 2023, Ms Murray fell into rent arrears. [The landlord/s] contacted Ms Murray and discovered that Ms Murray was staying in Auckland.

Neighbours of the unit contacted [The landlord/s] and informed her that other people were living there. There was damage to the property.

Ms Murray confirmed to [The landlord/s] that she knew who was living there and she asked them to look after the unit when she was in Auckland. Ms Murray told [The landlord/s] that she intended to return to the unit.

In May 2023, Ms Murray informed [The landlord/s] that she would not be moving back to the unit because of the damage and because it was too small for her.

The landlord’s application seeks rent arrears, cleaning, rubbish removal, and repair costs.

The hearing took place on 11 July 2023. [The landlord/s] attended the hearing by phone. There was no appearance by Ms Murray, and Ms Murray did not request to attend by phone. The hearing proceeded in Ms Murray’s absence. Rent arrears

[The landlord/s] accepted the tenant’s advice that she did not intend to return to the property as notice of termination, and she is seeking rent arrears to 22 May, which is 21 days after the date of Ms Murray’s message 1 .

The landlord’s rent record establishes rent arrears of $3,945.00 to 22 May 2023. Cleaning and rubbish removal

Tenants must remove all rubbish and leave the premises reasonably clean and tidy at the end of the tenancy 2

[The landlord/s] provided photographs that were taken by her contractor at the end of the tenancy.

The premises were left in a very unclean and untidy condition. There was rubbish left in the premises, including debris from the hot water cylinder that was removed.

The amounts claimed for cleaning and rubbish removal are fair and reasonable. 1 It is noted that tenants must give 28-days’ notice terminate a periodic tenancy, but a landlord may waive this requirement and accept a lesser period (sections 51(2B) and 11(2), Residential Tenancies Act 1986 (“RTA”) 2 Section 40(1)(e)(iii) RTA Repairs

Tenants are liable for damage to the premises that occurs during the period of the tenancy and that is beyond fair wear and tear.

Tenants are liable for damage that they cause, and for damage that is caused by anyone who is at the tenancy with their consent.

[The landlord/s] submitted that the unit had been redecorated shortly before the commencement of this tenancy.

[The landlord/s] photographs show that there was extensive intentional damage to the premises during the tenancy, including: a. Multiple large holes in walls; b. Hot water cylinder removed; c. Kitchen cupboard doors removed; d. Laundry tub door torn off; e. Back door broken; f. Ranchslider broken; g. Carpet water damaged. [The landlord/s]submitted that when the hot water cylinder was removed it was left on the lounge carpet. The entire contents of the cylinder then leaked out onto the carpet.

[The landlord/s] provided: a. A quote from [redacted] for $5,353.25 to replace the hot water cylinder and laundry tub, and to repair and paint the walls. b. An invoice from [redacted] for repairs to the ranchslider and re-glazing of other broken windows. c. An invoice from [redacted] to replace the carpet in the lounge and two bedrooms.

The costs claimed are proven and are fair and reasonable.

I have not applied depreciation to the new carpet costs claimed on the grounds that: a. I accept [The landlord/s] oral evidence that the carpet was fitted when the property was renovated shortly before the start of this tenancy in early 2022; b. The detriment to the landlord of having to allocate capital to the purchase of new carpet offsets any minor depreciation that may apply.

All of the damage is intentional damage. No limitations of liability apply. Filing fee, bond, name suppression

The landlord has been successful in these proceedings.

The landlord is entitled to recover the filing fee 3 .

Name suppression is granted to the landlord 4 .

The bond will be released to the landlord.

Claims and awards in Tenancy Tribunal application 4601689 — net $9,122.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 May 2023	$3,945.00	9. The landlord’s rent record establishes rent arrears of $3,945.00 to 22 May
Rubbish removal	$433.55	Rubbish removal
Repair broken ranchslider and broken windows	$370.59	Repair broken ranchslider and broken windows
Cleaning and minor repairs	$600.00	Cleaning and minor repairs
Repairs: Detailed below	$5,353.25	Repairs: Detailed below
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,122.83
Total payable by Tenant to Landlord	$9,122.83

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Rehu Tania Josephine Rose Murray must pay [The landlord/s] $9,122.83 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Background

The tenancy began in February 2022.
In January 2023, Ms Murray fell into rent arrears. [The landlord/s] contacted Ms Murray and discovered that Ms Murray was staying in Auckland.
Neighbours of the unit contacted [The landlord/s] and informed her that other people were living there. There was damage to the property.
Ms Murray confirmed to [The landlord/s] that she knew who was living there and she asked them to look after the unit when she was in Auckland. Ms Murray told [The landlord/s] that she intended to return to the unit.
In May 2023, Ms Murray informed [The landlord/s] that she would not be moving back to the unit because of the damage and because it was too small for her.
The landlord’s application seeks rent arrears, cleaning, rubbish removal, and repair costs.
The hearing took place on 11 July 2023. [The landlord/s] attended the hearing by phone. There was no appearance by Ms Murray, and Ms Murray did not request to attend by phone. The hearing proceeded in Ms Murray’s absence. Rent arrears
[The landlord/s] accepted the tenant’s advice that she did not intend to return to the property as notice of termination, and she is seeking rent arrears to 22 May, which is 21 days after the date of Ms Murray’s message 1 .
The landlord’s rent record establishes rent arrears of $3,945.00 to 22 May 2023. Cleaning and rubbish removal
Tenants must remove all rubbish and leave the premises reasonably clean and tidy at the end of the tenancy 2
[The landlord/s] provided photographs that were taken by her contractor at the end of the tenancy.
The premises were left in a very unclean and untidy condition. There was rubbish left in the premises, including debris from the hot water cylinder that was removed.
The amounts claimed for cleaning and rubbish removal are fair and reasonable. 1 It is noted that tenants must give 28-days’ notice terminate a periodic tenancy, but a landlord may waive this requirement and accept a lesser period (sections 51(2B) and 11(2), Residential Tenancies Act 1986 (“RTA”) 2 Section 40(1)(e)(iii) RTA Repairs
Tenants are liable for damage to the premises that occurs during the period of the tenancy and that is beyond fair wear and tear.
Tenants are liable for damage that they cause, and for damage that is caused by anyone who is at the tenancy with their consent.
[The landlord/s] submitted that the unit had been redecorated shortly before the commencement of this tenancy.
[The landlord/s] photographs show that there was extensive intentional damage to the premises during the tenancy, including: a. Multiple large holes in walls; b. Hot water cylinder removed; c. Kitchen cupboard doors removed; d. Laundry tub door torn off; e. Back door broken; f. Ranchslider broken; g. Carpet water damaged. [The landlord/s]submitted that when the hot water cylinder was removed it was left on the lounge carpet. The entire contents of the cylinder then leaked out onto the carpet.
[The landlord/s] provided: a. A quote from [redacted] for $5,353.25 to replace the hot water cylinder and laundry tub, and to repair and paint the walls. b. An invoice from [redacted] for repairs to the ranchslider and re-glazing of other broken windows. c. An invoice from [redacted] to replace the carpet in the lounge and two bedrooms.
The costs claimed are proven and are fair and reasonable.
I have not applied depreciation to the new carpet costs claimed on the grounds that: a. I accept [The landlord/s] oral evidence that the carpet was fitted when the property was renovated shortly before the start of this tenancy in early 2022; b. The detriment to the landlord of having to allocate capital to the purchase of new carpet offsets any minor depreciation that may apply.
All of the damage is intentional damage. No limitations of liability apply. Filing fee, bond, name suppression
The landlord has been successful in these proceedings.
The landlord is entitled to recover the filing fee 3 .
Name suppression is granted to the landlord 4 .
The bond will be released to the landlord.

Tenancy Tribunal case 4601689 — Property damage at 19A North Road, Kaitaia, Kaitaia 0410

At a glance

Tenancy Tribunal case 4601689 — Property damage at 19A North Road, 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