How much money was awarded in case 4709729?

Cleaning: $402.50 awarded to landlord; Cleaning: $400.00 awarded to landlord; Compensation: $125.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Lightbulbs: $48.00 awarded to landlord; Painting: $850.00 awarded to landlord; Property Damage: $263.11 awarded to landlord; Rent Arrears: $2,250.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Holes In Walls: $750.00 awarded to landlord; Re-Glaze Ranchslider: $556.60 awarded to landlord

What type of tenancy dispute was case 4709729?

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

Where can I read the official tribunal order for case 4709729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9984037-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4709729?

Cleaning: $402.50 awarded to landlord; Cleaning: $400.00 awarded to landlord; Compensation: $125.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Lightbulbs: $48.00 awarded to landlord; Painting: $850.00 awarded to landlord; Property Damage: $263.11 awarded to landlord; Rent Arrears: $2,250.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Holes In Walls: $750.00 awarded to landlord; Re-Glaze Ranchslider: $556.60 awarded to landlord

What type of tenancy dispute was case 4709729?

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

Where can I read the official tribunal order for case 4709729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9984037-Tribunal_Order_Redacted.pdf.

162a State Highway 10, Coopers Beach 0420 Tenancy Tribunal Case 4709729 — Rent arrears

Q: What was Tenancy Tribunal case 4709729 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4709729 — net $4,765.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 August 2023	$2,250.00	4. The landlord’s rent record establishes rent arrears of $2,250.00 to the end of the tenancy.
Lock/key replacement	$263.11	Lock/key replacement
Carpet Cleaning	$402.50	Carpet Cleaning
Repairs: Damage to pump house door	$300.00	Repairs: Damage to pump house door
Repairs: Holes in walls	$750.00	Repairs: Holes in walls
Painting	$850.00	Painting
Repairs: Re-glaze ranchslider	$556.60	Repairs: Re-glaze ranchslider
Replace curtains (compensation	$125.00	Replace curtains (compensation
Lawns and Garden work	$200.00	24. I will award $200.00 for garden tidy up.
Cleaning	$400.00	The claim for cleaning costs is fair and reasonable.
Replace lightbulbs	$48.00	Replace lightbulbs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,765.65
Total payable by Tenant to Landlord	$4,765.65

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.

The Bond Centre is to pay the bond of $1,400.00 ([Bond number suppressed]) to Simon David McLeavey (as agent for Ken & Barbara May) immediately.

[The tenant/s] must pay Simon David McLeavey (as agent for Ken & Barbara May) $4,765.65 immediately, calculated as shown in table below.

Reasons

Background

The tenancy began on 28 April 2021 and ended on 24 August 2023.

The landlord’s application seeks rent arrears, repairs, cleaning, and other costs.

The hearing took place in [Event location suppressed] on 21 February 2023. Both parties attended the hearing. Rent arrears

The landlord’s rent record establishes rent arrears of $2,250.00 to the end of the tenancy.

[The tenant/s] did not dispute the claim for rent arrears. Vacated repairs, cleaning, etc.

At the end of the tenancy the tenant must return all keys, remove rubbish, and leave the premises reasonably clean and tidy 1 .

Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy 2 .

[The tenant/s] accepted the following parts of the landlord’s claim: a. Change of locks $263.11. b. Repairs to holes in walls $750.00. c. Re-glaze ranchslider $556.60. d. Replace curtains (compensation) $125.00. e. Cleaning $400.00 f. Replace lightbulbs $48.00.

There is a small shed on the property. Mr McLeavy’s photographs show that the door is damaged near the latch. The damage is consistent with the door being forced open.

[The tenant/s] submitted that she did not lock the shed. There is a padlock on the shed, but she left it open. [The tenant/s] had no knowledge about when and why the door was forced, but she accepted that the damage occurred during her tenancy. 1 Section 40(1)(e) Residential Tenancies Act 1986 (“RTA”) 2 Section 49B RTA

The damage is beyond fair wear and tear, and it is not proven that the damage was caused by someone other than the tenant or a person who was on the property with the tenant’s consent 3 .

Therefore, the tenant is liable for the damage. The amount claimed, $300.00, is an estimate by the landlord. The shed is basic and functional, and it was not in perfect condition when the tenancy began. However, the new damage is clear and obvious, and I am satisfied that $300.00 is a reasonable estimate of the cost of repair of that damage.

The claim seeks a portion of the cost of repainting the interior.

The actual cost of repainting the interior is $8,500.00 per a quote from [Painting Company].

There was damage to the walls during the tenancy, including several large holes as well as scuffs, marks, chips, etc.

On that basis I accept that the tenant is liable for a portion of the repainting costs.

In considering an appropriate apportionment the following factors are relevant: a. The age and condition of the existing paint. The age of the existing paint is not known, but Mr McLeavy submitted that the interior has not been repainted during the period of his agency, which began in 2015. Mr McLeavy’s photographs from the beginning of the tenancy show that the walls were in generally sound condition, with multiple minor marks (this is also noted on the tenancy agreement). b. The quoted interior re-paint includes doors and window frames. There is no evidence of any tenant damage to doors and window frames. c. There is some evidence of water ingress into parts of the house that may have accelerated the deterioration of the property. d. Painting after a wall repair usually requires re-painting the wall, and sometimes the entire room, to achieve a colour match.

Having regard to those factors I will award 10% of the re-painting cost.

The carpet is also somewhat aged and parts of it were in deteriorated condition at the commencement of the tenancy. The landlord has replaced the carpet since the end of the tenancy.

The landlord’s claim does not seek a contribution to the cost of replacing the carpet, but only the cost of an attempted professional clean. Mr McLeavy’s photographs show that apart from the deterioration, the carpet was also not 3 Section 49(8)(b) RTA reasonably clean and tidy at the end of the tenancy – most relating to pet soiling.

The claim for cleaning costs is fair and reasonable.

The claim initially sought $600 for garden tidy up. This was an estimate. Mr McLeavy reduced the claim to $300.00 at the hearing.

The garden areas are small and basic.

I will award $200.00 for garden tidy up. Filing fee, bond, name suppression

The landlord has been successful in this application, and I must also award the landlord the filing fee of $20.44.

The proven claim exceeds the bond. The bond will be released to the landlord.

The tenant sought name suppression. The Tribunal may grant suppression to any party “having regard to the interests of the party and to the public interest” 4 .

Name suppression is granted to the tenant on the grounds of safety concerns explained by the tenant at the hearing.

Claims and awards in Tenancy Tribunal application 4709729 — net $4,765.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 August 2023	$2,250.00	4. The landlord’s rent record establishes rent arrears of $2,250.00 to the end of the tenancy.
Lock/key replacement	$263.11	Lock/key replacement
Carpet Cleaning	$402.50	Carpet Cleaning
Repairs: Damage to pump house door	$300.00	Repairs: Damage to pump house door
Repairs: Holes in walls	$750.00	Repairs: Holes in walls
Painting	$850.00	Painting
Repairs: Re-glaze ranchslider	$556.60	Repairs: Re-glaze ranchslider
Replace curtains (compensation	$125.00	Replace curtains (compensation
Lawns and Garden work	$200.00	24. I will award $200.00 for garden tidy up.
Cleaning	$400.00	The claim for cleaning costs is fair and reasonable.
Replace lightbulbs	$48.00	Replace lightbulbs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,765.65
Total payable by Tenant to Landlord	$4,765.65

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
The Bond Centre is to pay the bond of $1,400.00 ([Bond number suppressed]) to Simon David McLeavey (as agent for Ken & Barbara May) immediately.
[The tenant/s] must pay Simon David McLeavey (as agent for Ken & Barbara May) $4,765.65 immediately, calculated as shown in table below.

Reasons

Background

The tenancy began on 28 April 2021 and ended on 24 August 2023.
The landlord’s application seeks rent arrears, repairs, cleaning, and other costs.
The hearing took place in [Event location suppressed] on 21 February 2023. Both parties attended the hearing. Rent arrears
The landlord’s rent record establishes rent arrears of $2,250.00 to the end of the tenancy.
[The tenant/s] did not dispute the claim for rent arrears. Vacated repairs, cleaning, etc.
At the end of the tenancy the tenant must return all keys, remove rubbish, and leave the premises reasonably clean and tidy 1 .
Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy 2 .
[The tenant/s] accepted the following parts of the landlord’s claim: a. Change of locks $263.11. b. Repairs to holes in walls $750.00. c. Re-glaze ranchslider $556.60. d. Replace curtains (compensation) $125.00. e. Cleaning $400.00 f. Replace lightbulbs $48.00.
There is a small shed on the property. Mr McLeavy’s photographs show that the door is damaged near the latch. The damage is consistent with the door being forced open.
[The tenant/s] submitted that she did not lock the shed. There is a padlock on the shed, but she left it open. [The tenant/s] had no knowledge about when and why the door was forced, but she accepted that the damage occurred during her tenancy. 1 Section 40(1)(e) Residential Tenancies Act 1986 (“RTA”) 2 Section 49B RTA
The damage is beyond fair wear and tear, and it is not proven that the damage was caused by someone other than the tenant or a person who was on the property with the tenant’s consent 3 .
Therefore, the tenant is liable for the damage. The amount claimed, $300.00, is an estimate by the landlord. The shed is basic and functional, and it was not in perfect condition when the tenancy began. However, the new damage is clear and obvious, and I am satisfied that $300.00 is a reasonable estimate of the cost of repair of that damage.
The claim seeks a portion of the cost of repainting the interior.
The actual cost of repainting the interior is $8,500.00 per a quote from [Painting Company].
There was damage to the walls during the tenancy, including several large holes as well as scuffs, marks, chips, etc.
On that basis I accept that the tenant is liable for a portion of the repainting costs.
In considering an appropriate apportionment the following factors are relevant: a. The age and condition of the existing paint. The age of the existing paint is not known, but Mr McLeavy submitted that the interior has not been repainted during the period of his agency, which began in 2015. Mr McLeavy’s photographs from the beginning of the tenancy show that the walls were in generally sound condition, with multiple minor marks (this is also noted on the tenancy agreement). b. The quoted interior re-paint includes doors and window frames. There is no evidence of any tenant damage to doors and window frames. c. There is some evidence of water ingress into parts of the house that may have accelerated the deterioration of the property. d. Painting after a wall repair usually requires re-painting the wall, and sometimes the entire room, to achieve a colour match.
Having regard to those factors I will award 10% of the re-painting cost.
The carpet is also somewhat aged and parts of it were in deteriorated condition at the commencement of the tenancy. The landlord has replaced the carpet since the end of the tenancy.
The landlord’s claim does not seek a contribution to the cost of replacing the carpet, but only the cost of an attempted professional clean. Mr McLeavy’s photographs show that apart from the deterioration, the carpet was also not 3 Section 49(8)(b) RTA reasonably clean and tidy at the end of the tenancy – most relating to pet soiling.
The claim for cleaning costs is fair and reasonable.
The claim initially sought $600 for garden tidy up. This was an estimate. Mr McLeavy reduced the claim to $300.00 at the hearing.
The garden areas are small and basic.
I will award $200.00 for garden tidy up. Filing fee, bond, name suppression
The landlord has been successful in this application, and I must also award the landlord the filing fee of $20.44.
The proven claim exceeds the bond. The bond will be released to the landlord.
The tenant sought name suppression. The Tribunal may grant suppression to any party “having regard to the interests of the party and to the public interest” 4 .
Name suppression is granted to the tenant on the grounds of safety concerns explained by the tenant at the hearing.

Tenancy Tribunal case 4709729 — Rent arrears at 162a State Highway 10, Coopers Beach 0420

At a glance

Tenancy Tribunal case 4709729 — Rent arrears at 162a State Highway 10, Coopers Beach 0420

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