How much money was awarded in case 4635750?

Drain Clearing - Wet Wipes: $165.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $250.27 awarded to landlord; Glass Panel: $495.00 awarded to landlord; To Wall: $425.00 awarded to landlord; Rubbish Removal: $95.00 awarded to landlord

What type of tenancy dispute was case 4635750?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4635750?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9648473-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4635750?

Drain Clearing - Wet Wipes: $165.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $250.27 awarded to landlord; Glass Panel: $495.00 awarded to landlord; To Wall: $425.00 awarded to landlord; Rubbish Removal: $95.00 awarded to landlord

What type of tenancy dispute was case 4635750?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4635750?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9648473-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4635750 — Property damage

Q: What was Tenancy Tribunal case 4635750 about?

The tribunal order states: The landlord’s request for name suppression and suppression of identifying

Order

Claims and awards in Tenancy Tribunal application 4635750. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Drain clearing - wet wipes	$165.00	Drain clearing - wet wipes
Repairs: Damaged door	$250.27	Repairs: Damaged door
Rubbish removal	$95.00	Rubbish removal
Repairs: to Wall	$425.00	Repairs: to Wall
Repairs: Glass panel	$495.00	Repairs: Glass panel
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression

The landlord’s request for name suppression and suppression of identifying details is granted

Santana Ryland and Jayda Ryland must pay [The landlord/s] $1,450.71 immediately, calculated as shown in table below. DescriptionLandlord Drain clearing - wet wipes$165.00 Repairs: Damaged door$250.27 Rubbish removal$95.00 Repairs: to Wall$425.00 Repairs: Glass panel$495.00 Cleaning: and section tidy$0.00 Filing fee reimbursement$20.44 Total award$1,450.71

This order for payment of $1,450.71 is in addition to the $5,600.00 rent arrears ordered on 20 September 2023.

Reasons

The tenants did not attend the hearing.

The landlord has applied for compensation and reimbursement of the filing fee following 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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord has claimed $457.00 plus GST for cleaning. I have looked at the photos of the inside of the premises and the grounds pre and post tenancy and am satisfied that the premises were reasonably clean and tidy at the end of the tenancy. No order is made for cleaning.

The landlord has claimed $110.00 for rubbish removal. I have assessed the amount charged and am satisfied that $95.00 is the reasonable cost of rubbish removal.

The tenants left a drain blocked with wet wipes. The amount ordered is the amount claimed.

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.

There was minor damage to three walls that could be seen in the photos. The landlord has applied to the Tribunal for $758.53 plus GST to repair and paint those walls. From the evidence about the extent of the work, six hours work appears to be excessive, even allowing drying time for plaster and paint. The charge for labour is $95.00 per hour for an employee being paid $60.00 per hour. I have allowed $425.00 for the work as evidenced.

The tenant damaged a glass panel. The landlord has proved the cost of this repair.

The tenants damaged a wooden door. The door had to be removed and repaired and then stained with several coats of stain. The labour for the work is not the labour that the landlord paid the employee. I have reduced the labour charge and reduced the amount charged to the tenants to $250.27.

In each of the damage cases the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

GST

The landlord has claimed GST. That is because the applicant has charged the owner GST.

The landlord can recover from the tenant what it costs the management company for the remedial work to be done. The management company did not pay GST to its workers. The tenant does not have to pay the cost of business between the landlord and the owner. Filing Fee

Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression

Because the landlord has substantially succeeded with the claim, the landlord’s request for name suppression is granted. (see Section 95A(1) of the Residential Tenancies Act 1986).

Claims and awards in Tenancy Tribunal application 4635750. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Drain clearing - wet wipes	$165.00	Drain clearing - wet wipes
Repairs: Damaged door	$250.27	Repairs: Damaged door
Rubbish removal	$95.00	Rubbish removal
Repairs: to Wall	$425.00	Repairs: to Wall
Repairs: Glass panel	$495.00	Repairs: Glass panel
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression

Order

The landlord’s request for name suppression and suppression of identifying details is granted
Santana Ryland and Jayda Ryland must pay [The landlord/s] $1,450.71 immediately, calculated as shown in table below. DescriptionLandlord Drain clearing - wet wipes$165.00 Repairs: Damaged door$250.27 Rubbish removal$95.00 Repairs: to Wall$425.00 Repairs: Glass panel$495.00 Cleaning: and section tidy$0.00 Filing fee reimbursement$20.44 Total award$1,450.71
This order for payment of $1,450.71 is in addition to the $5,600.00 rent arrears ordered on 20 September 2023.

Reasons

The tenants did not attend the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following 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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord has claimed $457.00 plus GST for cleaning. I have looked at the photos of the inside of the premises and the grounds pre and post tenancy and am satisfied that the premises were reasonably clean and tidy at the end of the tenancy. No order is made for cleaning.
The landlord has claimed $110.00 for rubbish removal. I have assessed the amount charged and am satisfied that $95.00 is the reasonable cost of rubbish removal.
The tenants left a drain blocked with wet wipes. The amount ordered is the amount claimed.

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.
There was minor damage to three walls that could be seen in the photos. The landlord has applied to the Tribunal for $758.53 plus GST to repair and paint those walls. From the evidence about the extent of the work, six hours work appears to be excessive, even allowing drying time for plaster and paint. The charge for labour is $95.00 per hour for an employee being paid $60.00 per hour. I have allowed $425.00 for the work as evidenced.
The tenant damaged a glass panel. The landlord has proved the cost of this repair.
The tenants damaged a wooden door. The door had to be removed and repaired and then stained with several coats of stain. The labour for the work is not the labour that the landlord paid the employee. I have reduced the labour charge and reduced the amount charged to the tenants to $250.27.
In each of the damage cases the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

GST

The landlord has claimed GST. That is because the applicant has charged the owner GST.
The landlord can recover from the tenant what it costs the management company for the remedial work to be done. The management company did not pay GST to its workers. The tenant does not have to pay the cost of business between the landlord and the owner. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression
Because the landlord has substantially succeeded with the claim, the landlord’s request for name suppression is granted. (see Section 95A(1) of the Residential Tenancies Act 1986).

Tenancy Tribunal case 4635750 — Property damage

At a glance

Tenancy Tribunal case 4635750 — Property damage

At a glance

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?

GST

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

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?

GST

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions