What was Tenancy Tribunal case 4703632 about?

The tribunal order states: Maekara Mauriohooho must pay [The landlord/s] $2,892.16 immediately,

How much money was awarded in case 4703632?

Cleaning: $1,364.62 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $69.00 awarded to landlord; Previous Order Application 4598369 D…: $439.36 awarded to landlord; Property Damage: $140.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Rent Arrears: $777.86 awarded to landlord; Various Minor: $1,290.88 awarded to landlord

What type of tenancy dispute was case 4703632?

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

Where can I read the official tribunal order for case 4703632?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9623989-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4703632 about?

The tribunal order states: Maekara Mauriohooho must pay [The landlord/s] $2,892.16 immediately,

How much money was awarded in case 4703632?

Cleaning: $1,364.62 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $69.00 awarded to landlord; Previous Order Application 4598369 D…: $439.36 awarded to landlord; Property Damage: $140.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Rent Arrears: $777.86 awarded to landlord; Various Minor: $1,290.88 awarded to landlord

What type of tenancy dispute was case 4703632?

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

Where can I read the official tribunal order for case 4703632?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9623989-Tribunal_Order_Redacted.pdf.

39C Avalon Drive, Nawton, Hamilton 3200 Tenancy Tribunal Case 4703632 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4703632 — net $2,892.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 22/06/2023 – 27/08/2023	$777.86	Rent arrears 22/06/2023 – 27/08/2023
Previous order application 4598369 dated 18/06/2023	$439.36	Previous order application 4598369 dated 18/06/2023
Cleaning: rubbish, carpets, curtains	$1,364.62	Cleaning: rubbish, carpets, curtains
Lock/key replacement	$140.00	Lock/key replacement
Lawns and Garden work 50	$69.00	Lawns and Garden work 50
Repairs: various minor	$1,290.88	Repairs: various minor
Insurance excess laundry floor	$650.00	Insurance excess laundry floor
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,892.16
Total payable by Tenant to Landlord	$2,892.16

The landlord’s representative attended the hearing today. The tenant did not attend and has not contacted the Tribunal. Notice of the hearing has been emailed to his address for service and text reminders sent. I continued the hearing in his absence.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent owing and the previous order

The landlord advises that the tenancy ended on 27 August 2023 after a previous conditional termination order was breached.

That order was dated 18 June 2023 under application 4598369 for a total of $2,669.36 being rent arrears to 21 June 2023, a plumbing invoice, and the previous filing fee. A total of $2,230.00 has been paid by the tenant towards that order. This leaves a balance still to pay of $439.36. The previous order is incorporated into this order for enforcement purposes.

The landlord provided rent records which prove that the amount owing for rent from 22 June 2023 up to 27 August 2023 is $777.86. End of tenancy costs

At the end of a tenancy, a tenant has a legal obligation to 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 landlord reports that the tenant did not return the keys.

The landlord provided comprehensive photographs taken after the tenant had moved out. The evidence proves:- a. That the tenant did not leave the premises reasonably clean and tidy. A full house clean was required including washing of curtains, carpet cleaning due to stains and food, oven, and some ceilings. b. Rubbish and unwanted belongings were left behind and required collection and removal. c. The lawns and borders were scruffy. I award half of the invoice as I consider mowing and preparation for the next tenant is also a landlord responsibility.

Itemised invoices were provided, and I accept these are reasonable for the work required. The law on liability for damage

A landlord must prove that any 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 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. See section 49B(3)(a) RTA.

Tenants are liable for loss to the landlord from repairing damage that is intentional including where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541. See section 49B(1) RTA. Costs for minor damage and repairs

The landlord supplied the ingoing tenancy report (not photographs) and the outgoing inspection photographs.

After assessing the evidence, I find that the following damage was caused during the tenancy and is more than wear and tear:- a. Security light sensor broken off, b. Patched hole near kitchen needs plaster surface and paint, c. Window frame split where curtain rail attached, d. TV bracket not removed, e. Toilet seat unable to be cleaned, f. Two small holes in linen cupboard door, g. Removing two nails from wall and one from a door, h. Heater detached from wall.

The following damage is more probably wear and tear: replace hot water cupboard handle.

The following damage was present at the start of the tenancy and is the responsibility of the owner: patch behind front door in lounge, damage to door frame in bedroom 1 (not discussed in hearing but shows in the ingoing tenancy report and no photo supplied), repair above toilet roll holder.

The landlord has deducted costs payable by the landlord after taking advice from the contractor and submits that $1,290.88 is payable by the tenant. I have awarded this amount based on the invoice for these minor repairs. Compensation for repairs to the laundry caused by a leak

The landlord supplied evidence that water was discovered on the laundry floor during an inspection in July 2023. The property manager brought this to the tenant’s attention and advised that the washing machine should be checked for a leak. There was no water present at a reinspection about two weeks later.

After the tenancy ended, the landlord discovered that the floor under where the washing machine had been sitting was water damaged to the extent that a section of it needed to be replaced to make sure it was stable.

The landlord has proven damage that is more than wear and tear and the tenant has not disproved that the damage was careless. The fact that water was noticed at a previous inspection supports this.

The landlord supplied invoices proving that building work to replace the floor cost $1,023.50, new lino installation cost $531.99, and supply and installation of a new laundry tub cost $1,209.06. The landlord does have insurance and the excess is $650.00. The tenant is liable for this amount.

The landlord has substantially succeeded with the claim, so I award the filing fee and suppress its name.

The bond is refunded in full, and the balance owing is payable by the tenant.

Claims and awards in Tenancy Tribunal application 4703632 — net $2,892.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 22/06/2023 – 27/08/2023	$777.86	Rent arrears 22/06/2023 – 27/08/2023
Previous order application 4598369 dated 18/06/2023	$439.36	Previous order application 4598369 dated 18/06/2023
Cleaning: rubbish, carpets, curtains	$1,364.62	Cleaning: rubbish, carpets, curtains
Lock/key replacement	$140.00	Lock/key replacement
Lawns and Garden work 50	$69.00	Lawns and Garden work 50
Repairs: various minor	$1,290.88	Repairs: various minor
Insurance excess laundry floor	$650.00	Insurance excess laundry floor
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,892.16
Total payable by Tenant to Landlord	$2,892.16

Order

Maekara Mauriohooho must pay [The landlord/s] $2,892.16 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 18 June 2023 under application 4598369. The previous order must not be enforced.

Reasons

The landlord’s representative attended the hearing today. The tenant did not attend and has not contacted the Tribunal. Notice of the hearing has been emailed to his address for service and text reminders sent. I continued the hearing in his absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent owing and the previous order
The landlord advises that the tenancy ended on 27 August 2023 after a previous conditional termination order was breached.
That order was dated 18 June 2023 under application 4598369 for a total of $2,669.36 being rent arrears to 21 June 2023, a plumbing invoice, and the previous filing fee. A total of $2,230.00 has been paid by the tenant towards that order. This leaves a balance still to pay of $439.36. The previous order is incorporated into this order for enforcement purposes.
The landlord provided rent records which prove that the amount owing for rent from 22 June 2023 up to 27 August 2023 is $777.86. End of tenancy costs
At the end of a tenancy, a tenant has a legal obligation to 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 landlord reports that the tenant did not return the keys.
The landlord provided comprehensive photographs taken after the tenant had moved out. The evidence proves:- a. That the tenant did not leave the premises reasonably clean and tidy. A full house clean was required including washing of curtains, carpet cleaning due to stains and food, oven, and some ceilings. b. Rubbish and unwanted belongings were left behind and required collection and removal. c. The lawns and borders were scruffy. I award half of the invoice as I consider mowing and preparation for the next tenant is also a landlord responsibility.
Itemised invoices were provided, and I accept these are reasonable for the work required. The law on liability for damage
A landlord must prove that any 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 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. See section 49B(3)(a) RTA.
Tenants are liable for loss to the landlord from repairing damage that is intentional including where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541. See section 49B(1) RTA. Costs for minor damage and repairs
The landlord supplied the ingoing tenancy report (not photographs) and the outgoing inspection photographs.
After assessing the evidence, I find that the following damage was caused during the tenancy and is more than wear and tear:- a. Security light sensor broken off, b. Patched hole near kitchen needs plaster surface and paint, c. Window frame split where curtain rail attached, d. TV bracket not removed, e. Toilet seat unable to be cleaned, f. Two small holes in linen cupboard door, g. Removing two nails from wall and one from a door, h. Heater detached from wall.
The following damage is more probably wear and tear: replace hot water cupboard handle.
The following damage was present at the start of the tenancy and is the responsibility of the owner: patch behind front door in lounge, damage to door frame in bedroom 1 (not discussed in hearing but shows in the ingoing tenancy report and no photo supplied), repair above toilet roll holder.
The landlord has deducted costs payable by the landlord after taking advice from the contractor and submits that $1,290.88 is payable by the tenant. I have awarded this amount based on the invoice for these minor repairs. Compensation for repairs to the laundry caused by a leak
The landlord supplied evidence that water was discovered on the laundry floor during an inspection in July 2023. The property manager brought this to the tenant’s attention and advised that the washing machine should be checked for a leak. There was no water present at a reinspection about two weeks later.
After the tenancy ended, the landlord discovered that the floor under where the washing machine had been sitting was water damaged to the extent that a section of it needed to be replaced to make sure it was stable.
The landlord has proven damage that is more than wear and tear and the tenant has not disproved that the damage was careless. The fact that water was noticed at a previous inspection supports this.
The landlord supplied invoices proving that building work to replace the floor cost $1,023.50, new lino installation cost $531.99, and supply and installation of a new laundry tub cost $1,209.06. The landlord does have insurance and the excess is $650.00. The tenant is liable for this amount.
The landlord has substantially succeeded with the claim, so I award the filing fee and suppress its name.
The bond is refunded in full, and the balance owing is payable by the tenant.

Tenancy Tribunal case 4703632 — Property damage at 39C Avalon Drive, Nawton, Hamilton 3200

At a glance

Tenancy Tribunal case 4703632 — Property damage at 39C Avalon Drive, Nawton, Hamilton 3200

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions