What was Tenancy Tribunal case 4706970 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $641.38 from the bond, calculated as

How much money was awarded in case 4706970?

Compensation: breach of quiet enjoym…: $150.00 awarded to tenant; Lawns and Garden Work: $685.00 awarded to landlord; Lightbulbs: $106.38 awarded to landlord

What type of tenancy dispute was case 4706970?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4706970?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10136683-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4706970 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $641.38 from the bond, calculated as

How much money was awarded in case 4706970?

Compensation: breach of quiet enjoym…: $150.00 awarded to tenant; Lawns and Garden Work: $685.00 awarded to landlord; Lightbulbs: $106.38 awarded to landlord

What type of tenancy dispute was case 4706970?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4706970?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10136683-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4706970 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4706970 — net $641.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Light bulbs/batteries	$106.38		Light bulbs/batteries
Lawns and Garden work	$685.00		Lawns and Garden work
Compensation: breach of quiet enjoyment - reference		$150.00	breach of quiet enjoyment - reference
Total award	$791.38	$150.00
Net award	$641.38
Bond	$2,120.00
Total payable by Tenant to Landlord	$641.38

[The tenant/s] must pay [The landlord/s] $641.38 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,120.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $641.38 [The tenant/s]: $1,478.62

[The tenant/s] and [The landlord/s] agree that the above orders are in full and final settlement of all matters arising from the tenancy and that neither party may bring any further claim against the other.

For clarity, the tenant is not authorised to arrange for the garden work to be done. The landlord is free to select any contractor it prefers however the compensation is as ordered.

Reasons

Both parties attended the two hearings, and both have made applications to the Tribunal.

The essence of this dispute is that the landlord seeks compensation to reinstate the garden as it says the tenant made significant and permanent changes without prior consent.

The tenant says that it is unfair for the landlord to raise its concerns about the garden only at the end of the tenancy instead of at the time of regular inspections during this three-year tenancy. She feels that she left the premises in better condition than at the start of the tenancy. She also objects to what was written in a reference letter.

I made oral decisions in the second hearing that:- a. The tenant was in the wrong to not obtain prior written consent before removing the two front trees, the paving to the laundry door, other shrubs, and the internal shelves in various rooms and the garage. Prior consent is required by sections 42, 42A, 42 B RTA. b. It is preferable that a landlord raise any issues of concern with a tenant at the time that it is first noticed. For example, if there is a concern about a tenant making changes to a garden. c. It is not harassment for the landlord to make claims against the bond for reinstatement of the garden because the tenant did make these changes without consent. d. The landlord is in the wrong by referring to the previous Tribunal dispute between the parties in the reference letter because the tenant’s name is suppressed in those proceedings. e. The tenant is liable to compensate the landlord to:- i. replace the two front trees, and ii. reinstate some form of hard path from the laundry door.

Both parties have now provided further quotes for the work described in 4e, above.

I award the amount of the lowest quote of $685.00 to be paid to the landlord from the bond. The landlord may choose to instruct the contractor who gave the quote or may instruct any other contractor it chooses.

I also award the landlord the invoiced cost to replace light bulbs and have the lighting checked. The tenant said that the lightbulbs kept blowing but the landlord’s evidence is that the electrician found no fault with the lights as long as the correct wattage bulb is used.

I award compensation of $150.00 to the tenant for the stress caused by the inappropriate wording of the reference letter. The tenant did find new accommodation, but this issue was upsetting and a potential breach of the previous suppression order.

Both parties raised additional claims during the hearings but neither provided evidence in time for these to be considered (timeframes had been set in my adjournment order of 15 December 2023).

I offered the parties the opportunity to agree that this order will be in full and final resolution of all matters relating to this tenancy. They have both now confirmed in writing that they agree to this.

I make no order for filing fee because both parties have been partly successful.

The bond is refunded in accordance with the orders.

I order suppression of both landlord and tenant names: the landlord because it has been substantially successful in these claims, and the tenant because of the previous suppression order.

Claims and awards in Tenancy Tribunal application 4706970 — net $641.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Light bulbs/batteries	$106.38		Light bulbs/batteries
Lawns and Garden work	$685.00		Lawns and Garden work
Compensation: breach of quiet enjoyment - reference		$150.00	breach of quiet enjoyment - reference
Total award	$791.38	$150.00
Net award	$641.38
Bond	$2,120.00
Total payable by Tenant to Landlord	$641.38

Order

[The tenant/s] must pay [The landlord/s] $641.38 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,120.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $641.38 [The tenant/s]: $1,478.62
[The tenant/s] and [The landlord/s] agree that the above orders are in full and final settlement of all matters arising from the tenancy and that neither party may bring any further claim against the other.
For clarity, the tenant is not authorised to arrange for the garden work to be done. The landlord is free to select any contractor it prefers however the compensation is as ordered.

Reasons

Both parties attended the two hearings, and both have made applications to the Tribunal.
The essence of this dispute is that the landlord seeks compensation to reinstate the garden as it says the tenant made significant and permanent changes without prior consent.
The tenant says that it is unfair for the landlord to raise its concerns about the garden only at the end of the tenancy instead of at the time of regular inspections during this three-year tenancy. She feels that she left the premises in better condition than at the start of the tenancy. She also objects to what was written in a reference letter.
I made oral decisions in the second hearing that:- a. The tenant was in the wrong to not obtain prior written consent before removing the two front trees, the paving to the laundry door, other shrubs, and the internal shelves in various rooms and the garage. Prior consent is required by sections 42, 42A, 42 B RTA. b. It is preferable that a landlord raise any issues of concern with a tenant at the time that it is first noticed. For example, if there is a concern about a tenant making changes to a garden. c. It is not harassment for the landlord to make claims against the bond for reinstatement of the garden because the tenant did make these changes without consent. d. The landlord is in the wrong by referring to the previous Tribunal dispute between the parties in the reference letter because the tenant’s name is suppressed in those proceedings. e. The tenant is liable to compensate the landlord to:- i. replace the two front trees, and ii. reinstate some form of hard path from the laundry door.
Both parties have now provided further quotes for the work described in 4e, above.
I award the amount of the lowest quote of $685.00 to be paid to the landlord from the bond. The landlord may choose to instruct the contractor who gave the quote or may instruct any other contractor it chooses.
I also award the landlord the invoiced cost to replace light bulbs and have the lighting checked. The tenant said that the lightbulbs kept blowing but the landlord’s evidence is that the electrician found no fault with the lights as long as the correct wattage bulb is used.
I award compensation of $150.00 to the tenant for the stress caused by the inappropriate wording of the reference letter. The tenant did find new accommodation, but this issue was upsetting and a potential breach of the previous suppression order.
Both parties raised additional claims during the hearings but neither provided evidence in time for these to be considered (timeframes had been set in my adjournment order of 15 December 2023).
I offered the parties the opportunity to agree that this order will be in full and final resolution of all matters relating to this tenancy. They have both now confirmed in writing that they agree to this.
I make no order for filing fee because both parties have been partly successful.
The bond is refunded in accordance with the orders.
I order suppression of both landlord and tenant names: the landlord because it has been substantially successful in these claims, and the tenant because of the previous suppression order.

Tenancy Tribunal case 4706970 — Property damage

At a glance

Tenancy Tribunal case 4706970 — Property damage

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