What was Tenancy Tribunal case 4615469 about?

The tribunal order states: [The tenant/s] to pay [The landlord/s] $250.00 as compensation from the bond

How much money was awarded in case 4615469?

Compensation: $2,350.00 awarded to landlord

What type of tenancy dispute was case 4615469?

The dispute type was not classified.

Where can I read the official tribunal order for case 4615469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9641624-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4615469 about?

The tribunal order states: [The tenant/s] to pay [The landlord/s] $250.00 as compensation from the bond

How much money was awarded in case 4615469?

Compensation: $2,350.00 awarded to landlord

What type of tenancy dispute was case 4615469?

The dispute type was not classified.

Where can I read the official tribunal order for case 4615469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9641624-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4615469 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4615469 — net $250.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
as compensation from the bond for the hole in the bedroom wall. 2. [The landlord/s] is to return the bond of	$2,350.00	as compensation from the bond for the hole in the bedroom wall. 2. [The landlord/s] is to return the bond of
Net award	$250.00
Total payable by Tenant to Landlord	$250.00

Order

[The tenant/s] to pay [The landlord/s] $250.00 as compensation from the bond for the hole in the bedroom wall.
[The landlord/s] is to return the bond of $2,350.00 to [The tenant/s] immediately.
All other claims for compensation is dismissed.

Reasons

Both parties attended the hearing. [The tenant/s] with her family members as support and [The agent] the agent for [The landlord/s] for the landlord.
On 3 August 2023, an order was made for rent arrears. The agent indicated he had claims for compensation for damages caused by the tenant and was awaiting quotes and sought more time to put in the invoices for work done.
Both the agent and the tenant were given 7 days after the date of the order to put in their evidence or claim for the compensation.
The matter was adjourned and heard today to consider the claim for compensation.
The Tribunal was handed evidence at the hearing.
The landlord sought compensation for cleaning, damages to the walls (8 holes), repairs to 2 kitchen cupboards, repair laundry handle. The agent withdrew his claim for replacing the toilet seat as there is clear email evidence from the agent that he was advised the toilet seat was loose and agreeing the landlord would replace this.
The agent informed the Tribunal the bond had been released to [The landlord/s] and being held by them.
The tenant said she was paying the rent arrears from her WINZ benefit and that the rent arrears had already been paid for in full after collections had enforced the previous court order.
The tenant would like her bond back.

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.
The tenant provided an inspection report and photos that were done the day she received the keys to the property being 4 November 2022.
The report shows the premises was not reasonably clean and tidy. The oven was not clean, the bathroom was grotty, there were stains on the carpets and holes and marks noted on some walls. The property was tired. The tenant said she had to organise cleaning when she moved in and got help from her family.
The property was not given in a reasonable clean and tidy condition and there was insufficient evidence to show why it required further professional cleaning at the end of the tenancy.

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 tenant agrees there was damage to a bedroom wall when she was moving a bed.
She accepts responsibility for this damage and the landlord is awarded $250.00 as compensation for this damage.
The agent says there was more damage caused during the tenancy - more holes in the walls, scribbles on the walls, broken kitchen cupboards and a broken laundry catch.
Holes in Walls: The agent seeks compensation for 8 holes that were repaired. The problem is there were holes noted in the report when the tenant moved in, for example damage noted in the hallway (cracks and marks, repair mark on wall behind door). In bedroom 2 and 3 there is reference to damage on the walls with marks and crack and reference to small holes.
The tenant says these marks and holes were from the previous tenant. After hearing from the tenant, I am not satisfied the holes were caused by this tenant as I cannot be satisfied of which hole was damaged during this tenancy and which was damaged prior.
Kitchen Cupboards: The report provided by the tenant (given to her by the previous property manager when she moved in), notes “Bottom drawer or cupboard on far left loose”. The tenant says this was a broken cupboard door(as well as another one in the pantry) and was never fixed.
The tenant said she would just fit the door under the bench. Though the agent provided an inspection photo from 6 June 2023 showing the cupboard door present, I am satisfied after hearing from the tenant it was already either loose or broken at the time she moved into the property.
Laundry handle: The initial report states “window catch broken”. I am not satisfied the tenant is responsible for this claim for damage.
Overall, the tenant was given a property that appears not to be up to standard at the time. It required repairs and cleaning which the tenant dealt with and just carried on living in as given to her. With the change of several property managers, it is difficult to see what maintenance was taken by the landlord upon the premises.
Apart from the issue of one hole that was agreed as damaged, all other claims for compensation are dismissed. The agent sought more time to provide more evidence but this was declined as ample opportunity was given by the previous adjudicator to file all evidence for the claims in this vacated tenancy.
The landlord 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 landlord has not been significantly successful in this claim. However, having considered the factors in this case the Tribunal grants suppression of the tenant, landlord and tenancy details.

Claims and awards in Tenancy Tribunal application 4615469 — net $250.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
as compensation from the bond for the hole in the bedroom wall. 2. [The landlord/s] is to return the bond of	$2,350.00	as compensation from the bond for the hole in the bedroom wall. 2. [The landlord/s] is to return the bond of
Net award	$250.00
Total payable by Tenant to Landlord	$250.00

Order

[The tenant/s] to pay [The landlord/s] $250.00 as compensation from the bond for the hole in the bedroom wall.
[The landlord/s] is to return the bond of $2,350.00 to [The tenant/s] immediately.
All other claims for compensation is dismissed.

Reasons

Both parties attended the hearing. [The tenant/s] with her family members as support and [The agent] the agent for [The landlord/s] for the landlord.
On 3 August 2023, an order was made for rent arrears. The agent indicated he had claims for compensation for damages caused by the tenant and was awaiting quotes and sought more time to put in the invoices for work done.
Both the agent and the tenant were given 7 days after the date of the order to put in their evidence or claim for the compensation.
The matter was adjourned and heard today to consider the claim for compensation.
The Tribunal was handed evidence at the hearing.
The landlord sought compensation for cleaning, damages to the walls (8 holes), repairs to 2 kitchen cupboards, repair laundry handle. The agent withdrew his claim for replacing the toilet seat as there is clear email evidence from the agent that he was advised the toilet seat was loose and agreeing the landlord would replace this.
The agent informed the Tribunal the bond had been released to [The landlord/s] and being held by them.
The tenant said she was paying the rent arrears from her WINZ benefit and that the rent arrears had already been paid for in full after collections had enforced the previous court order.
The tenant would like her bond back.

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.
The tenant provided an inspection report and photos that were done the day she received the keys to the property being 4 November 2022.
The report shows the premises was not reasonably clean and tidy. The oven was not clean, the bathroom was grotty, there were stains on the carpets and holes and marks noted on some walls. The property was tired. The tenant said she had to organise cleaning when she moved in and got help from her family.
The property was not given in a reasonable clean and tidy condition and there was insufficient evidence to show why it required further professional cleaning at the end of the tenancy.

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 tenant agrees there was damage to a bedroom wall when she was moving a bed.
She accepts responsibility for this damage and the landlord is awarded $250.00 as compensation for this damage.
The agent says there was more damage caused during the tenancy - more holes in the walls, scribbles on the walls, broken kitchen cupboards and a broken laundry catch.
Holes in Walls: The agent seeks compensation for 8 holes that were repaired. The problem is there were holes noted in the report when the tenant moved in, for example damage noted in the hallway (cracks and marks, repair mark on wall behind door). In bedroom 2 and 3 there is reference to damage on the walls with marks and crack and reference to small holes.
The tenant says these marks and holes were from the previous tenant. After hearing from the tenant, I am not satisfied the holes were caused by this tenant as I cannot be satisfied of which hole was damaged during this tenancy and which was damaged prior.
Kitchen Cupboards: The report provided by the tenant (given to her by the previous property manager when she moved in), notes “Bottom drawer or cupboard on far left loose”. The tenant says this was a broken cupboard door(as well as another one in the pantry) and was never fixed.
The tenant said she would just fit the door under the bench. Though the agent provided an inspection photo from 6 June 2023 showing the cupboard door present, I am satisfied after hearing from the tenant it was already either loose or broken at the time she moved into the property.
Laundry handle: The initial report states “window catch broken”. I am not satisfied the tenant is responsible for this claim for damage.
Overall, the tenant was given a property that appears not to be up to standard at the time. It required repairs and cleaning which the tenant dealt with and just carried on living in as given to her. With the change of several property managers, it is difficult to see what maintenance was taken by the landlord upon the premises.
Apart from the issue of one hole that was agreed as damaged, all other claims for compensation are dismissed. The agent sought more time to provide more evidence but this was declined as ample opportunity was given by the previous adjudicator to file all evidence for the claims in this vacated tenancy.
The landlord 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 landlord has not been significantly successful in this claim. However, having considered the factors in this case the Tribunal grants suppression of the tenant, landlord and tenancy details.

Tenancy Tribunal case 4615469 — Tenancy dispute

At a glance

Tenancy Tribunal case 4615469 — Tenancy dispute

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions