What was Tenancy Tribunal case 4663009 about?

The tribunal order states: The Bond Centre is to pay the bond of $2,920.00 ([Bond number suppressed])

How much money was awarded in case 4663009?

Cleaning: $276.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $668.57 awarded to landlord; Door Frames, Lock, Painting Walls: $1,012.00 awarded to landlord; Waste Disposal: $155.25 awarded to landlord; Water Rates: $496.39 awarded to landlord

What type of tenancy dispute was case 4663009?

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

Where can I read the official tribunal order for case 4663009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10234241-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4663009 about?

The tribunal order states: The Bond Centre is to pay the bond of $2,920.00 ([Bond number suppressed])

How much money was awarded in case 4663009?

Cleaning: $276.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $668.57 awarded to landlord; Door Frames, Lock, Painting Walls: $1,012.00 awarded to landlord; Waste Disposal: $155.25 awarded to landlord; Water Rates: $496.39 awarded to landlord

What type of tenancy dispute was case 4663009?

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

Where can I read the official tribunal order for case 4663009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10234241-Tribunal_Order_Redacted.pdf.

Unit/Flat 2, 51 Reynella Drive, Massey, Auckland 0614 Tenancy Tribunal Case 4663009 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4663009 — net $2,628.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears until 02 August 2023	$668.57	Rent arrears until 02 August 2023
Water rates	$496.39	Water rates
Cleaning	$276.00	Cleaning
Repairs: Waste disposal	$155.25	Repairs: Waste disposal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: Door frames, lock, painting walls	$1,012.00	Repairs: Door frames, lock, painting walls
Net award	$2,628.65
Bond	$2,920.00
Total payable by Tenant to Landlord	$2,628.65

The landlord attended the hearing, the respondent did not.

The landlord has applied for rent arrears, compensation, damages, 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?

The tenancy ended on 02 August 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $668.57 for rent arrears and $496.39 for water rates.

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 leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord provided photographs, the majority of which show the premises to be reasonably clean and tidy. There are a number of photos however, which show that the kitchen and the bathrooms were not reasonably clean and tidy at the end of the tenancy: The oven in particular was not left reasonably clean, and nor was the rangehood, some cupboards and the showers.

The landlord claimed $700.00 + GST for cleaning and $260.00 + GST for rubbish removal. I consider this an excessive amount to compensate the landlord for cleaning the kitchen and bathrooms. The tenant is not required to leave the premises in a ready-to-rent state and a landlord can be expected to undertake a deep clean between tenancies at their own expense.

The landlord provided photographs of two rubbish bins with rubbish in them. The landlord also stated that a mattress was left on the curb, but no photographs were provided, and no receipt for the disposal of any rubbish was provided except for one amalgamated receipt which lacks meaningful detail. I allow for the cost of council removal of two bins of rubbish which is incorporated into a lesser amount than claimed, for cleaning and rubbish removal combined.

The landlord provided a receipt for $155.25 for unblocking the waste disposal unit.

The amounts ordered are proved.

The landlord provided a receipt for $207.00 for carpet cleaning. The photographs do not show the carpet to be not reasonably clean and tidy. The claim for carpet cleaning is not proved.

The landlord provided an invoice for $575.00 for two pest control treatments for cockroaches.

No evidence was provided to convince me that the tenant’s conduct had been such that they should be held responsible for the existence of the cockroaches in the premises. I note from the photographs that the premises are in very close proximity to other houses or apartments, and in such circumstances pests move freely between premises. This claim is not 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.

The landlord provided numerous photographs showing small marks and small knocks in the walls. The majority of the photographs show what I consider to be fair wear and tear.

However, the landlord also showed damage to two door frames where the timber has been broken and a door catch ripped out. This is clearly more than fair wear and tear, and the tenant has not disproved liability for the damage.

There are also sufficient photographs showing marks which I am satisfied on the balance of probabilities, are more than fair wear and tear. The claim of $1,012.00 for repairs and repaint is proved.

The landlord proved a quote for repairs to the carpet in two areas that received stains. As the repairs have not been undertaken, I decline to award compensation for this damage.

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.

Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4663009 — net $2,628.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears until 02 August 2023	$668.57	Rent arrears until 02 August 2023
Water rates	$496.39	Water rates
Cleaning	$276.00	Cleaning
Repairs: Waste disposal	$155.25	Repairs: Waste disposal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: Door frames, lock, painting walls	$1,012.00	Repairs: Door frames, lock, painting walls
Net award	$2,628.65
Bond	$2,920.00
Total payable by Tenant to Landlord	$2,628.65

Order

The Bond Centre is to pay the bond of $2,920.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $2,628.65 Sala Tautu and Ulu Tautu: $291.35
Sala Tautu and Ulu Tautu to pay [The landlord/s] $2,628.65 from the bond, calculated as shown in table below.

Reasons

The landlord attended the hearing, the respondent did not.
The landlord has applied for rent arrears, compensation, damages, 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?

The tenancy ended on 02 August 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $668.57 for rent arrears and $496.39 for water rates.

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 leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided photographs, the majority of which show the premises to be reasonably clean and tidy. There are a number of photos however, which show that the kitchen and the bathrooms were not reasonably clean and tidy at the end of the tenancy: The oven in particular was not left reasonably clean, and nor was the rangehood, some cupboards and the showers.
The landlord claimed $700.00 + GST for cleaning and $260.00 + GST for rubbish removal. I consider this an excessive amount to compensate the landlord for cleaning the kitchen and bathrooms. The tenant is not required to leave the premises in a ready-to-rent state and a landlord can be expected to undertake a deep clean between tenancies at their own expense.
The landlord provided photographs of two rubbish bins with rubbish in them. The landlord also stated that a mattress was left on the curb, but no photographs were provided, and no receipt for the disposal of any rubbish was provided except for one amalgamated receipt which lacks meaningful detail. I allow for the cost of council removal of two bins of rubbish which is incorporated into a lesser amount than claimed, for cleaning and rubbish removal combined.
The landlord provided a receipt for $155.25 for unblocking the waste disposal unit.
The amounts ordered are proved.
The landlord provided a receipt for $207.00 for carpet cleaning. The photographs do not show the carpet to be not reasonably clean and tidy. The claim for carpet cleaning is not proved.
The landlord provided an invoice for $575.00 for two pest control treatments for cockroaches.
No evidence was provided to convince me that the tenant’s conduct had been such that they should be held responsible for the existence of the cockroaches in the premises. I note from the photographs that the premises are in very close proximity to other houses or apartments, and in such circumstances pests move freely between premises. This claim is not 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.
The landlord provided numerous photographs showing small marks and small knocks in the walls. The majority of the photographs show what I consider to be fair wear and tear.
However, the landlord also showed damage to two door frames where the timber has been broken and a door catch ripped out. This is clearly more than fair wear and tear, and the tenant has not disproved liability for the damage.
There are also sufficient photographs showing marks which I am satisfied on the balance of probabilities, are more than fair wear and tear. The claim of $1,012.00 for repairs and repaint is proved.
The landlord proved a quote for repairs to the carpet in two areas that received stains. As the repairs have not been undertaken, I decline to award compensation for this damage.
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.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4663009 — Property damage at Unit/Flat 2, 51 Reynella Drive, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 4663009 — Property damage at Unit/Flat 2, 51 Reynella Drive, Massey, Auckland 0614

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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?

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