What was Tenancy Tribunal case 4662409 about?

The tribunal order states: Faye Ainoa and Tafetoto Ainoa must pay [The landlord/s] $37,113.67

How much money was awarded in case 4662409?

Carpet Depreciated: $1,724.73 awarded to landlord; Rubbish Removal: $920.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting Depreciated: $9,315.00 awarded to landlord; Painting Room: $500.00 awarded to landlord; Property Damage: $455.00 awarded to landlord; Property Damage: $102.75 awarded to landlord; Property Damage: $3,050.95 awarded to landlord; Property Damage: $2,029.74 awarded to landlord; Rent Arrears: $16,300.00 awarded to landlord; Cooktop: $1,296.00 awarded to landlord; Dishwasher: $1,999.00 awarded to landlord; Doors Downstairs: $460.00 awarded to landlord; Toilet: $138.06 awarded to landlord; Rubbish Removal: $390.00 awarded to landlord; Rubbish Removal: $133.92 awarded to landlord; Water Rates: $1,078.08 awarded to landlord; Property Damage: $1,200.00 awarded to landlord

What type of tenancy dispute was case 4662409?

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

Where can I read the official tribunal order for case 4662409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9777283-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4662409 about?

The tribunal order states: Faye Ainoa and Tafetoto Ainoa must pay [The landlord/s] $37,113.67

How much money was awarded in case 4662409?

Carpet Depreciated: $1,724.73 awarded to landlord; Rubbish Removal: $920.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting Depreciated: $9,315.00 awarded to landlord; Painting Room: $500.00 awarded to landlord; Property Damage: $455.00 awarded to landlord; Property Damage: $102.75 awarded to landlord; Property Damage: $3,050.95 awarded to landlord; Property Damage: $2,029.74 awarded to landlord; Rent Arrears: $16,300.00 awarded to landlord; Cooktop: $1,296.00 awarded to landlord; Dishwasher: $1,999.00 awarded to landlord; Doors Downstairs: $460.00 awarded to landlord; Toilet: $138.06 awarded to landlord; Rubbish Removal: $390.00 awarded to landlord; Rubbish Removal: $133.92 awarded to landlord; Water Rates: $1,078.08 awarded to landlord; Property Damage: $1,200.00 awarded to landlord

What type of tenancy dispute was case 4662409?

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

Where can I read the official tribunal order for case 4662409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9777283-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4662409 — Rent arrears

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 4662409 — net $37,113.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 June 2023	$16,300.00	2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…
Water rates	$1,078.08	Water rates
Lock/key replacement	$455.00	Lock/key replacement
Cleaning: and labour for rubbish removal	$920.00	Cleaning: and labour for rubbish removal
Rubbish removal: Skip bin hire	$390.00	Rubbish removal: Skip bin hire
Rubbish removal: Truck hire	$133.92	Rubbish removal: Truck hire
Painting depreciated	$9,315.00	Painting depreciated
Carpet depreciated	$1,724.73	Carpet depreciated
Repair vanity	$102.75	Repair vanity
Repair pool pump	$3,050.95	Repair pool pump
Window repairs: Smashed window and panel	$1,200.00	Window repairs: Smashed window and panel
Repairs: Toilet	$138.06	Repairs: Toilet
Repairs: Cooktop	$1,296.00	Repairs: Cooktop
Repairs: Dishwasher	$1,999.00	Repairs: Dishwasher
Repairs various	$2,029.74	Repairs various
Repairs: Doors downstairs	$460.00	Repairs: Doors downstairs
Painting room	$500.00	Painting room
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$37,113.67
Total payable by Tenant to Landlord	$37,113.67

Claims and awards in Tenancy Tribunal application 4662409 — net $37,113.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 23 June 2023

$16,300.00

2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…

Water rates

$1,078.08

Water rates

Lock/key replacement

$455.00

Lock/key replacement

Cleaning: and labour for rubbish removal

$920.00

Cleaning: and labour for rubbish removal

Rubbish removal: Skip bin hire

$390.00

Rubbish removal: Skip bin hire

Rubbish removal: Truck hire

$133.92

Rubbish removal: Truck hire

Painting depreciated

$9,315.00

Painting depreciated

Carpet depreciated

$1,724.73

Carpet depreciated

Repair vanity

$102.75

Repair vanity

Repair pool pump

$3,050.95

Repair pool pump

Window repairs: Smashed window and panel

$1,200.00

Window repairs: Smashed window and panel

Repairs: Toilet

$138.06

Repairs: Toilet

Repairs: Cooktop

$1,296.00

Repairs: Cooktop

Repairs: Dishwasher

$1,999.00

Repairs: Dishwasher

Repairs various

$2,029.74

Repairs various

Repairs: Doors downstairs

$460.00

Repairs: Doors downstairs

Painting room

$500.00

Painting room

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$37,113.67

Total payable by Tenant to Landlord

$37,113.67

Reasons

The Landlord attended the hearing. The Tenant’s did not appear.

The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates arrears?

The tenancy ended on 23 June 2023. The landlord provided rent records and water rates invoices which prove the amount owing at 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, 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The Landlord claimed $4500.00 for the cleaning which the Owner did themselves because they were not in a financial position to hire professional cleaners. They conducted a full clean of the bathroom, toilets, drawers, vanities, windows, window-sills, walls carpet, cupboards and surfaces. There were three lounges and four bedrooms to clean. The Owner cleaned on 1 and 2 July 2023 from 9.00am to 6.00pm. There were four people who cleaned and removed the rubbish on the first day and six people to assist on the second day.

The Landlord claimed every wall had drawings from penmarks, crayon or vivid. The carpet was stained with juice and there was mould on the curtains and window sills. The Property Manager stated they “have never found any of my homes in such a poor condition with so much damage, dirtiness and rubbish”. There was exterior rubbish which included six mattresses, a couch and car- seats. Ingoing and outgoing inspection reports and invoices to hire a truck to remove the rubbish and a skip bin were provided.

In considering the evidence, the Landlord has claimed $4,500.00 for the cleaning however I find this amount excessive. A professional cleaner would charge approximately $40-50.00 per hour. I accept it took at least 12 hours to clean and 4 hours to remove rubbish. I find it more appropriate to award $690.00 for the cleaning (at 12 hours for $50.00 per hour) and a further $230.00 (at 4 hours at $50.00 per hour) for the labour required to remove of the rubbish.

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.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

The following damage was caused during the tenancy: a) Holes and marks on the walls; b) Carpet stains and burning of carpet; c) Damage to the vanity; d) Pool pump damage due to removal of the cover; e) Smashed panels in conservatory and garden shed window; f) Toilet repair; g) Cooktop elements not working; h) Dishwasher not working due to broken glass in the rotor; i) Door holes in two doors; Wall damage

The Landlord claimed $31,050.00 to paint the entire house due to wallpaper being peeled off and drawings on every wall which were in vivid, crayon and paint. There were also holes in some of the walls. The landlord claimed the original wallpaper could not be sourced. The house was built in the 1960’s and some of this wallpaper was present before 2015. Whilst some of the wallpaper may have started peeling off over time, the Tenants then intentionally peeled more of the wallpaper off. An ingoing and outgoing inspection report was provided and an invoice for the painting was provided.

In considering the evidence, I find the damage is more than fair wear and tear from the inspection reports provided as drawing and ripping of the wallpaper is intentional. The difficulty in estimating an award is in the depreciation. The Landlord has claimed some of the wallpaper was replaced around 2015 and they were unsure of the age of the remaining wallpaper. The rest of the wallpaper appeared to be in reasonable condition at the start of the tenancy from the inspection reports provided. The Landlord is claiming for the whole house to be repainted.

I estimate the useful lifespan of the wallpaper is 10 years so the wallpaper was approximately 7-8 years old towards the end of the tenancy. The rest of the wallpaper appeared in reasonable condition at the start of the tenancy. I have applied depreciation and taking these factors into account find it appropriate to award $9315.00. Carpet damage

The Landlord claimed $18,479.25 to replace the whole carpet in the house due to excessive food, liquid stains and carpet burns. The bedrooms, lounges dining room, kitchen and hallway were carpeted.

The Landlord submitted the carpet in the conservatory and the fourth bedroom was brand new in 2015. The Landlord did not know the age of rest of the carpet so it may have been the original carpet from the 1960’s but appeared to be in reasonable condition. The photographs of the ingoing inspection report were taken from a distance. Sun fade was visible and the ingoing inspection report referred to ‘minor stains on the carpets’ in some rooms. The photographs in the report did not show many of these minor stains as the carpet photo was taken from a distance. There needed to be a close-up photos of them. The outgoing inspection report indicated there were heavy stains on all of the carpets of the house. The lounge at the end of the tenancy had four carpet burn stains and photographs were provided of some of these stains. There were also photographs of some other stains but not all of them.

In considering the evidence, I find that most of the carpet in the property except the conservatory and fourth bedroom was in reasonable condition but the photographs did not show the minor stains clearly at the start of the tenancy. The inspection report photographs at the end of the tenancy, did not show every single stain so it was difficult to see why they needed replacement and what stain may have been present at the start of the tenancy. The other difficulty is there was no evidence as to the age of the carpet.

For these reasons, I cannot assess whether the damage was substantial enough to justify a whole new replacement of the carpet and dismiss the claim for carpet replacement to every other area except bedroom four and the conservatory.

In terms of bedroom four and the conservatory, there were photographs provided that show the extent of the stains. I find that it does justify replacement. As the carpets were new in 2015, and these were two of approximately 10 carpeted spaces in the house, (0.2 x $18479.25) I estimate an appropriate amount to be $3695.85. In applying depreciation to this amount, I consider the carpet had a lifespan of 15 years and is currently 8 years old. The appropriate award is $1724.73.

The amounts ordered are proved. Vanity repair

The Landlord claimed $685.00 to repair the vanity because there was nail polish spilt on it, water damage and something was nailed to it. This was the original vanity from when the house was built and it was made of rimu. An ingoing, outgoing inspection report and invoice for the repair was provided. The ingoing inspection report showed that the top of the vanity had cosmetic defects such as peeled paint and scratched surface.

In considering the evidence, the vanity was in a reasonable condition at the start of the tenancy but was very old. For this reason, I will only award 15% of amount to repair. Pool pump repairs

The Landlord claimed $3050.95 to replace the pool pump which was only two years old at the start of the tenancy. Pool pumps usually last 10 years. They discovered at the end of the tenancy the cover of the pump had been removed and rubbish such as beer bottles and debris had been dumped into the pool pump enclosure causing it to break. Ingoing, outgoing inspection reports and an invoice to repair was provided.

In considering the evidence, I find the damage was intentional. The amounts ordered are proved. Window and panel repairs

The Landlord claimed $1200.00 to repair two smashed panels in the conservatory and a garden shed window which they discovered at the end of the tenancy. Ingoing and outgoing inspection reports were provided as well as a quote to repair.

In considering the evidence, I find the damage was more than wear and tear as the rest of the conservatory panels were initially intact at the start of the tenancy. The amounts ordered are proved. Toilet seat repairs

The Landlord claimed $138.00 to repair the toilet in the ensuite. Ingoing and outgoing inspection reports as well as an invoice to repair were provided. The damage is more than wear and tear. The amounts ordered are proved. Cooktop repairs

The Landlord claimed $1296.00 to replace a damaged cooktop which was installed approximately four years earlier. The Landlord submitted the Tenant had overboiled during cooking which led to liquid damage on the cooktop. An online advertisement for a new cooktop was provided. The damage is more than wear and tear. The amounts ordered are proved. Dishwasher repairs

The Landlord claimed $1999.00 to replace the dishwasher because they discovered broken glass in the rotor. The ingoing and outgoing inspection reports showed this occurred during the tenancy. I find the damage was more than wear and tear. An online advertisement was provided for the replacement dishwasher. The amount ordered is proved. Various repairs

The Landlord claimed further repairs of $2029.74 for various damages such as holes in the walls, holes made in the deck panels, fire damage to the wooden decking and repairing the rubber in the insinkerator. An invoice was provided for the repairs and the inspection reports showed these occurred during the tenancy. The damage is more than wear and tear. The amounts ordered are proved. Door repairs

The Landlord claimed $460.00 to repair two doors in the bedroom and bathroom due to holes. Photographs of the doors and the ingoing inspection report indicate this was caused during the tenancy and was intentional. An invoice for the repairs was provided. The amount ordered is proved. Painting bedroom

The Landlord claimed $500.00 because the Tenants promised to paint the downstairs bedroom when they moved into the property but failed to. Paint was left at the property for the Tenants to use because the Landlord was going to do it initially. Email correspondence was provided from the owner stating there was agreement by the Tenants to do this as a condition of them moving in earlier. This was never done by the Tenants.

In considering this evidence, I am satisfied the Tenants did undertake to paint the room and failed to do so. The Landlord did not paint the bedroom because of this. I find 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. Eviction fee

The Landlord claimed the eviction fee however to avoid doubling up of payment to Collection services by the Tenant, the amount claimed is refused.

As [The landlord/s] has substantially succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Claims and awards in Tenancy Tribunal application 4662409 — net $37,113.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 June 2023	$16,300.00	2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…
Water rates	$1,078.08	Water rates
Lock/key replacement	$455.00	Lock/key replacement
Cleaning: and labour for rubbish removal	$920.00	Cleaning: and labour for rubbish removal
Rubbish removal: Skip bin hire	$390.00	Rubbish removal: Skip bin hire
Rubbish removal: Truck hire	$133.92	Rubbish removal: Truck hire
Painting depreciated	$9,315.00	Painting depreciated
Carpet depreciated	$1,724.73	Carpet depreciated
Repair vanity	$102.75	Repair vanity
Repair pool pump	$3,050.95	Repair pool pump
Window repairs: Smashed window and panel	$1,200.00	Window repairs: Smashed window and panel
Repairs: Toilet	$138.06	Repairs: Toilet
Repairs: Cooktop	$1,296.00	Repairs: Cooktop
Repairs: Dishwasher	$1,999.00	Repairs: Dishwasher
Repairs various	$2,029.74	Repairs various
Repairs: Doors downstairs	$460.00	Repairs: Doors downstairs
Painting room	$500.00	Painting room
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$37,113.67
Total payable by Tenant to Landlord	$37,113.67

Claims and awards in Tenancy Tribunal application 4662409 — net $37,113.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 23 June 2023

$16,300.00

2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…

Water rates

$1,078.08

Water rates

Lock/key replacement

$455.00

Lock/key replacement

Cleaning: and labour for rubbish removal

$920.00

Cleaning: and labour for rubbish removal

Rubbish removal: Skip bin hire

$390.00

Rubbish removal: Skip bin hire

Rubbish removal: Truck hire

$133.92

Rubbish removal: Truck hire

Painting depreciated

$9,315.00

Painting depreciated

Carpet depreciated

$1,724.73

Carpet depreciated

Repair vanity

$102.75

Repair vanity

Repair pool pump

$3,050.95

Repair pool pump

Window repairs: Smashed window and panel

$1,200.00

Window repairs: Smashed window and panel

Repairs: Toilet

$138.06

Repairs: Toilet

Repairs: Cooktop

$1,296.00

Repairs: Cooktop

Repairs: Dishwasher

$1,999.00

Repairs: Dishwasher

Repairs various

$2,029.74

Repairs various

Repairs: Doors downstairs

$460.00

Repairs: Doors downstairs

Painting room

$500.00

Painting room

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$37,113.67

Total payable by Tenant to Landlord

$37,113.67

Reasons

The Landlord attended the hearing. The Tenant’s did not appear.

The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates arrears?

The tenancy ended on 23 June 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The Landlord claimed $18,479.25 to replace the whole carpet in the house due to excessive food, liquid stains and carpet burns. The bedrooms, lounges dining room, kitchen and hallway were carpeted.

The amounts ordered are proved. Vanity repair

In considering the evidence, the vanity was in a reasonable condition at the start of the tenancy but was very old. For this reason, I will only award 15% of amount to repair. Pool pump repairs

In considering the evidence, I find the damage was intentional. The amounts ordered are proved. Window and panel repairs

The Landlord claimed the eviction fee however to avoid doubling up of payment to Collection services by the Tenant, the amount claimed is refused.

As [The landlord/s] has substantially succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Tenancy Tribunal case 4662409 — Rent arrears

At a glance

Tenancy Tribunal case 4662409 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates arrears?

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

How much is owed for rent and water rates arrears?

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