How much money was awarded in case 4601789?

Compensation: premises not presented…: $500.00 awarded to tenant; Lawns: $60.00 awarded to landlord; Property Damage: $70.00 awarded to landlord; Window And Mirror: $240.00 awarded to landlord; Rubbish Removal: $180.00 awarded to landlord

What type of tenancy dispute was case 4601789?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4601789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9332903-Tribunal_Order.pdf.

How much money was awarded in case 4601789?

Compensation: premises not presented…: $500.00 awarded to tenant; Lawns: $60.00 awarded to landlord; Property Damage: $70.00 awarded to landlord; Window And Mirror: $240.00 awarded to landlord; Rubbish Removal: $180.00 awarded to landlord

What type of tenancy dispute was case 4601789?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4601789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9332903-Tribunal_Order.pdf.

22 Pencarrow Crescent, Wainuiomata, Lower Hutt 5014 Tenancy Tribunal Case 4601789 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4601789?

The tribunal order states: Sinafili Malo and Potoae Pritchard to pay Lorina Blair and Allan Blair $50.00

Order

Claims and awards in Tenancy Tribunal application 4601789 — net $50.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Lawns	$60.00		Lawns
Rubbish removal	$180.00		Rubbish removal
Repairs: window and mirror	$240.00		Repairs: window and mirror
Lock/key replacement	$70.00		Lock/key replacement
Compensation: premises not presented to the tenants in		$500.00	premises not presented to the tenants in
Total award	$550.00	$500.00
Net award	$50.00
Bond	$1,100.00
Total payable by Tenant to Landlord	$50.00

Sinafili Malo and Potoae Pritchard to pay Lorina Blair and Allan Blair $50.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,100.00 (3439486-003) immediately apportioned as follows: Lorina Blair and Allan Blair: $50.00 Sinafili Malo and Potoae Pritchard: $1,050.00

Reasons

Both parties attended the hearing.

The landlord has applied for compensation and refund of the bond following the end of the tenancy.

The tenant has applied for compensation for the way the premises were presented to them at the start of the tenancy.

The tenancy ended on 2 February 2023.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not remove all rubbish.

The tenant did not return all the keys.

Only the amounts ordered are proved.

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. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

The following damage was caused during the tenancy: window and bathroom mirror. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Did the landlord comply with their obligations at the start of the tenancy?

At the start of the tenancy the landlord must provide the premises in a reasonably clean and tidy condition. The landlord must also provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes. See section 45 Residential Tenancies Act 1986.

The landlord had not provided the premises to the tenant reasonably clean and tidy at the start of the premises. The landlord was still renovating the premises after the tenant had moved in.

While I find that the tenant had to endure some inconvenience and undertake cleaning and some work during the early days of the tenancy, I do not consider that the tenant is entitled to half of all rent paid for the duration of the tenancy.

The tenant left it until after the tenancy had ended (in February 2023) to raise maintenance issues which arose at the beginning of the tenancy in November 2021. The tenant’s claim were mostly in response to the landlord’s claims which were raised after the tenant had vacated.

I consider compensation of $500.00 in favour of the tenant to be appropriate.

Having regard to the above orders made in favour of both parties, the landlord will be entitled to $50.00 of the bond with the remaining amounts from the bond returned to the tenant.

Claims and awards in Tenancy Tribunal application 4601789 — net $50.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Lawns	$60.00		Lawns
Rubbish removal	$180.00		Rubbish removal
Repairs: window and mirror	$240.00		Repairs: window and mirror
Lock/key replacement	$70.00		Lock/key replacement
Compensation: premises not presented to the tenants in		$500.00	premises not presented to the tenants in
Total award	$550.00	$500.00
Net award	$50.00
Bond	$1,100.00
Total payable by Tenant to Landlord	$50.00

Order

Sinafili Malo and Potoae Pritchard to pay Lorina Blair and Allan Blair $50.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,100.00 (3439486-003) immediately apportioned as follows: Lorina Blair and Allan Blair: $50.00 Sinafili Malo and Potoae Pritchard: $1,050.00

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and refund of the bond following the end of the tenancy.
The tenant has applied for compensation for the way the premises were presented to them at the start of the tenancy.
The tenancy ended on 2 February 2023.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not remove all rubbish.
The tenant did not return all the keys.
Only the amounts ordered are proved.

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. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The following damage was caused during the tenancy: window and bathroom mirror. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Did the landlord comply with their obligations at the start of the tenancy?

At the start of the tenancy the landlord must provide the premises in a reasonably clean and tidy condition. The landlord must also provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes. See section 45 Residential Tenancies Act 1986.
The landlord had not provided the premises to the tenant reasonably clean and tidy at the start of the premises. The landlord was still renovating the premises after the tenant had moved in.
While I find that the tenant had to endure some inconvenience and undertake cleaning and some work during the early days of the tenancy, I do not consider that the tenant is entitled to half of all rent paid for the duration of the tenancy.
The tenant left it until after the tenancy had ended (in February 2023) to raise maintenance issues which arose at the beginning of the tenancy in November 2021. The tenant’s claim were mostly in response to the landlord’s claims which were raised after the tenant had vacated.
I consider compensation of $500.00 in favour of the tenant to be appropriate.
Having regard to the above orders made in favour of both parties, the landlord will be entitled to $50.00 of the bond with the remaining amounts from the bond returned to the tenant.

Tenancy Tribunal case 4601789 — Property damage at 22 Pencarrow Crescent, Wainuiomata, Lower Hutt 5014

At a glance

Tenancy Tribunal case 4601789 — Property damage at 22 Pencarrow Crescent, Wainuiomata, Lower Hutt 5014

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Did the landlord comply with their obligations at the start of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Did the landlord comply with their obligations at the start of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions