What was Tenancy Tribunal case 4720411 about?

The tribunal order states: Anahera Gerrard and Tukotahi Tapara must pay [The landlord/s] $4,531.44

How much money was awarded in case 4720411?

Cleaning: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $600.00 awarded to landlord; Rubbish Removal: $621.00 awarded to landlord; Walls and Doors: $5,500.00 awarded to landlord

What type of tenancy dispute was case 4720411?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4720411?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10900412-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4720411 about?

The tribunal order states: Anahera Gerrard and Tukotahi Tapara must pay [The landlord/s] $4,531.44

How much money was awarded in case 4720411?

Cleaning: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $600.00 awarded to landlord; Rubbish Removal: $621.00 awarded to landlord; Walls and Doors: $5,500.00 awarded to landlord

What type of tenancy dispute was case 4720411?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4720411?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10900412-Tribunal_Order_Redacted.pdf.

12 Joyce Street, Pahurehure, Papakura 2113 Tenancy Tribunal Case 4720411 — Property damage

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Reasons

Claims and awards in Tenancy Tribunal application 4720411 — net $4,531.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs to walls and doors (insurance excess	$5,500.00	Repairs to walls and doors (insurance excess
Cleaning	$230.00	Cleaning
Rubbish removal	$621.00	Rubbish removal
Lawns and Garden work	$600.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,531.44
Total payable by Tenant to Landlord	$4,531.44

Both parties attended the hearing on 21 May 2024, which was adjourned and referred to mediation.

At the first hearing, the landlord’s application for damage to the property, cleaning, rubbish removal and lawn mowing was presented. In response, the tenants detailed a list of issues they said were at the property when they moved in but were not remedied, as well as alleged maintenance failures.

The tenants were directed to file their own application by 4 June 2024 so the Tribunal could adjudicate the claims brought by both parties. No application from the tenants was received.

The tenants were also directed to file the screenshots relied on and shown on their phone at the hearing. No screenshots have been received and it is therefore difficult for the Tribunal to assess whether, and to what extent, there was any failure to maintain by the landlord.

The application came back from an unsuccessful mediation for hearing on 1 October 2024. Only the landlord attended the second short hearing.

The tenancy started on 24 August 2022 and ended on 3 October 2023. Cleaning, rubbish, garden

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.

The garden needed mowing at the end of the tenancy and was overgrown in places. Online information indicates the section was quite large, at about 980m², consistent with the photographs. Even so, the amount quoted ($600.00 plus GST) seems at the high end and is not itemised in any way. I award $600.00 including GST.

The tenants did not remove all their belongings and rubbish at the end of the tenancy. The landlord’s photographs show that the tenants left items in the kitchen cupboards and food waste in the sink, for example. There were items outside and in the garage that are not seen in the entry report. I award $621.00 for rubbish removal.

The landlord claimed $800.00 plus GST for cleaning, again relying on a quote without itemisation. This was an older property (online information suggests it was built in the 1970’s) that looks to have its original decoration and kitchen and bathroom fixtures and fittings. It would be difficult to present in a spotless condition. The cupboards under the kitchen sink, for example, appear dirty or stained in the entry condition photographs.

In terms of cleanliness, the premises were in a similar condition at the end of the tenancy, although I accept the removal of rubbish would have necessitated a wipe down of surfaces and inside cupboards and drawers afterwards. I allow $230.00 for cleaning. Damage

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.

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 4 weeks' rent. Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent. The weekly rent was $610.00.

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.

The premises were not without damage at the start of the tenancy. The following damage is visible in the entry condition report: • A gap in the outside decking (entry) • A kitchen cupboard was not fully shut (kitchen/meals) • Damage to a bedroom wall behind the door and inside a wardrobe (bedroom 1) • Stains to the carpets in various rooms • A sliding door off its rails (bedroom 3) • A small chip in the wall (bedroom 3) • A hole in the bedroom wall behind the door and near the door frame (bedroom 4).

There was visible damage at the end of the tenancy in the exit condition report dated 5 October 2023: • Missing tiling in front of the exterior door (entry) • An internal door had been removed (lounge) • Several patch repairs to walls (family room) • Missing pantry door (kitchen/meals) • A drawing on a wall (kitchen/meals) • Damage to a kitchen drawer • A round hole in the wall (kitchen/meals) • Four round holes in an internal door and writing on the door (kitchen/meals) • Ripped wallpaper (bedroom 2) • Multiple holes in a bedroom door (bedroom 3) • Extensive damage to a bedroom door (bedroom 4) • Damage to the door frame (bedroom 4) • Damage to the bathroom door and door frame • Missing vanity drawer (bathroom) • Damaged wall tile (bathroom) • Damaged wall inside the shower tray (bathroom) • Several holes in the toilet door and a broken door handle • Damage to the laundry door (which was also removed).

I have considered what the tenants said at the first hearing. While the tenants’ view was that the damage was pre-existing, a comparison of the ingoing and outgoing inspection photographs shows that there was more serious damage at the end of the tenancy. For example, several internal doors were badly damaged at the end of the tenancy.

The tenants said the damage to the shower wall happened because the shower head came off, causing a fall. That may explain the damage to the wall, but it does not explain the damaged wall tile, or the damaged bathroom door.

The tenants said the wallpaper was already coming off and none of the sliding doors were on their rails, so they took the doors off to make them safe. They said bedroom 2 did not have a doorknob. The pantry door fell off and the tenant removed it because it was dangerous. Based on the messages shown at the first hearing, the tenants may have informed the landlord about some of these issues, including issues with the pantry door, the missing vanity door and closet doors being off their rails. The wallpaper was not obviously loose in the entry photographs.

In my view, the tenants’ explanation does not address the extensive additional damage to internal doors visible at the end of the tenancy, or the damage to the wallpaper, kitchen drawer and bathroom wall tile.

The landlord provided a repair quote for $23,920.00. Insurers paid $16,645.00 less the insurance excess of $2,750.00 for general building repairs. and $5,175.00 less $2,750.00 for repairs to the shower. The landlord confirmed that the claim was limited to twice the excess ($5,500.00) and did not include a claim for carpet.

The prices in the repair quote included: • Replacement bedroom doors (x3) and replacement bathroom doors (x2): $3,000.00 plus GST ($600.00 each). • Damage to the bathroom doorframe: $1,000.00 plus GST. • Repairs to the hallway and bedroom walls: $9,500.00 plus GST. • Broken bathroom tile: $100.00 plus GST. • Supply and install shower: $4,500.00 plus GST.

I find the tenants liable for the damage to the internal doors ($3,450.00) the bathroom doorframe ($1,150.00) the hallway and bedroom walls ($10,925.00) and the broken tile ($115.00).

Even if allowance is made for some pre-existing damage to walls and doors, and for betterment, the tenants’ liability is still likely to be considerably more than the insurance excess applied by insurers (or 4 weeks’ rent applied to each individual area of damage). I award $5,500.00 for the landlord’s uninsured loss. Filing fee and name suppression

The landlord’s application has succeeded. I award the filing fee.

The landlord is granted suppression as requested.

Reasons

Claims and awards in Tenancy Tribunal application 4720411 — net $4,531.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs to walls and doors (insurance excess	$5,500.00	Repairs to walls and doors (insurance excess
Cleaning	$230.00	Cleaning
Rubbish removal	$621.00	Rubbish removal
Lawns and Garden work	$600.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,531.44
Total payable by Tenant to Landlord	$4,531.44

Both parties attended the hearing on 21 May 2024, which was adjourned and referred to mediation.

The tenants were directed to file their own application by 4 June 2024 so the Tribunal could adjudicate the claims brought by both parties. No application from the tenants was received.

The application came back from an unsuccessful mediation for hearing on 1 October 2024. Only the landlord attended the second short hearing.

The tenancy started on 24 August 2022 and ended on 3 October 2023. Cleaning, rubbish, garden

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.

I find the tenants liable for the damage to the internal doors ($3,450.00) the bathroom doorframe ($1,150.00) the hallway and bedroom walls ($10,925.00) and the broken tile ($115.00).

The landlord’s application has succeeded. I award the filing fee.

The landlord is granted suppression as requested.

Tenancy Tribunal case 4720411 — Property damage at 12 Joyce Street, Pahurehure, Papakura 2113

At a glance

Tenancy Tribunal case 4720411 — Property damage at 12 Joyce Street, Pahurehure, Papakura 2113

At a glance

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Award balance

Claims & awards

Order

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Topics & place

Key findings

Frequently asked questions