What was Tenancy Tribunal case 4629229 about?

The tribunal order states: Phillip Kahua must pay [The landlord/s] $11,586.21 immediately, calculated as

How much money was awarded in case 4629229?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4533529 D…: $1,892.81 awarded to landlord; Property Damage: $2,543.50 awarded to landlord; Property Damage: $1,039.22 awarded to landlord; Property Damage: $4,000.00 awarded to landlord; Rubbish Removal: $560.00 awarded to landlord; Walls and Doors: $1,500.00 awarded to landlord; Water Rates: $30.24 awarded to landlord

What type of tenancy dispute was case 4629229?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4629229?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10276074-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4629229 about?

The tribunal order states: Phillip Kahua must pay [The landlord/s] $11,586.21 immediately, calculated as

How much money was awarded in case 4629229?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4533529 D…: $1,892.81 awarded to landlord; Property Damage: $2,543.50 awarded to landlord; Property Damage: $1,039.22 awarded to landlord; Property Damage: $4,000.00 awarded to landlord; Rubbish Removal: $560.00 awarded to landlord; Walls and Doors: $1,500.00 awarded to landlord; Water Rates: $30.24 awarded to landlord

What type of tenancy dispute was case 4629229?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4629229?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10276074-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4629229 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4629229 — net $11,586.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4533529 dated 19/05/2023	$1,892.81	Previous order application 4533529 dated 19/05/2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates to end of tenancy	$30.24	Water rates to end of tenancy
Rubbish removal	$560.00	Rubbish removal
Window repairs on 19 May 2023	$2,543.50	Window repairs on 19 May 2023
Window repairs on 23 May 2023	$1,039.22	Window repairs on 23 May 2023
Repairs to walls, doors and replace stove	$4,000.00	Repairs to walls, doors and replace stove
Repairs to walls and doors	$1,500.00	Repairs to walls and doors
Net award	$11,586.21
Total payable by Tenant to Landlord	$11,586.21

Only the landlord attended the hearing, represented by [property managers].

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

This tenancy ended on 23 May 2023 following an order for termination made on 19 May 2023. Previous order

On 19 May 2023 the Tribunal made an order relating to this tenancy for window repairs. The previous order is incorporated into this order for enforcement purposes. How much is owed for water rates.

The landlord provided water rates invoices which prove the amount owing at the end of the tenancy to be $30.24. This claim is proved.

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 left behind a huge amount of rubbish as described at the hearing and as shown in the exit inspection report.

The landlord produced an invoice in the amount of $560 from Payless Bins Ltd. This claim is 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. Windows

There was a huge problem with broken windows in this tenancy, with almost every window being broken once, and some multiple times. The previous order made at the time of termination was for the repair of broken windows. In some instances the aluminium frames were bent and required repair also.

The landlord has provided two further invoices for window repair (not already ordered) and has provided photos of the broken windows proving the damage. The invoices (both from Waitakere Glass, the first invoice is dated 19 May 2023 for $2,543.50 and the second invoice is dated 24 May 2023 for $1,039.22). This claim is proved. Repairs to walls, doors and replacement stove

The landlord explained that a stove had been damaged and detailed various damage throughout the entire house, as proved by photos.

The landlord produced invoices for repair of the damage as follows: a. Pure Property (2014) Ltd for $6,335.35; and b. Pure Property (2014) Ltd for $2,311.50

I have considered the issue of insurance but note that the landlord’s insurance excess is $10,000 and each room is likely to be considered a separate claim in any event. The landlord confirmed that they did not see any benefit in claiming insurance.

The invoices from Pure Property (2014) Ltd are not detailed but they outline various repairs, replacement of doors, a stove, plastering and painting.

In reaching my decision I must take 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.

It is not possible for me to do an item-by-item assessment in this case but based on the age of the property and the move-in and exit inspection photos I consider that there should be some deduction. As discussed with the landlord, I have reduced the amounts claimed by approximately one-third (in rough figures) to take into account betterment and depreciation ($4,000 and $1500 respectively). I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee and name suppression

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee of $20.44.

As the successful party the landlord is entitled to name suppression pursuant to Section 95A(1) RTA.

Claims and awards in Tenancy Tribunal application 4629229 — net $11,586.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4533529 dated 19/05/2023	$1,892.81	Previous order application 4533529 dated 19/05/2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates to end of tenancy	$30.24	Water rates to end of tenancy
Rubbish removal	$560.00	Rubbish removal
Window repairs on 19 May 2023	$2,543.50	Window repairs on 19 May 2023
Window repairs on 23 May 2023	$1,039.22	Window repairs on 23 May 2023
Repairs to walls, doors and replace stove	$4,000.00	Repairs to walls, doors and replace stove
Repairs to walls and doors	$1,500.00	Repairs to walls and doors
Net award	$11,586.21
Total payable by Tenant to Landlord	$11,586.21

Order

Phillip Kahua must pay [The landlord/s] $11,586.21 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 19 May 2023 under application 4533529.

Reasons

Only the landlord attended the hearing, represented by [property managers].
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
This tenancy ended on 23 May 2023 following an order for termination made on 19 May 2023. Previous order
On 19 May 2023 the Tribunal made an order relating to this tenancy for window repairs. The previous order is incorporated into this order for enforcement purposes. How much is owed for water rates.
The landlord provided water rates invoices which prove the amount owing at the end of the tenancy to be $30.24. This claim is proved.

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 left behind a huge amount of rubbish as described at the hearing and as shown in the exit inspection report.
The landlord produced an invoice in the amount of $560 from Payless Bins Ltd. This claim is 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. Windows
There was a huge problem with broken windows in this tenancy, with almost every window being broken once, and some multiple times. The previous order made at the time of termination was for the repair of broken windows. In some instances the aluminium frames were bent and required repair also.
The landlord has provided two further invoices for window repair (not already ordered) and has provided photos of the broken windows proving the damage. The invoices (both from Waitakere Glass, the first invoice is dated 19 May 2023 for $2,543.50 and the second invoice is dated 24 May 2023 for $1,039.22). This claim is proved. Repairs to walls, doors and replacement stove
The landlord explained that a stove had been damaged and detailed various damage throughout the entire house, as proved by photos.
The landlord produced invoices for repair of the damage as follows: a. Pure Property (2014) Ltd for $6,335.35; and b. Pure Property (2014) Ltd for $2,311.50
I have considered the issue of insurance but note that the landlord’s insurance excess is $10,000 and each room is likely to be considered a separate claim in any event. The landlord confirmed that they did not see any benefit in claiming insurance.
The invoices from Pure Property (2014) Ltd are not detailed but they outline various repairs, replacement of doors, a stove, plastering and painting.
In reaching my decision I must take 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.
It is not possible for me to do an item-by-item assessment in this case but based on the age of the property and the move-in and exit inspection photos I consider that there should be some deduction. As discussed with the landlord, I have reduced the amounts claimed by approximately one-third (in rough figures) to take into account betterment and depreciation ($4,000 and $1500 respectively). I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee and name suppression
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee of $20.44.
As the successful party the landlord is entitled to name suppression pursuant to Section 95A(1) RTA.

Tenancy Tribunal case 4629229 — Property damage

At a glance

Tenancy Tribunal case 4629229 — Property damage

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