What was the outcome of Tenancy Tribunal case 4752229?

The tribunal order states: Chris Constantinos and Esther Eva Gudsteinsdottir must pay Paz Khanna

How much money was awarded in case 4752229?

Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $188.78 awarded to landlord; Rent Arrears: $242.86 awarded to landlord; Painting: $2,000.00 awarded to landlord; Water Rates: $484.36 awarded to landlord

What type of tenancy dispute was case 4752229?

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

Where can I read the official tribunal order for case 4752229?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10548691-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4752229?

The tribunal order states: Chris Constantinos and Esther Eva Gudsteinsdottir must pay Paz Khanna

How much money was awarded in case 4752229?

Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $188.78 awarded to landlord; Rent Arrears: $242.86 awarded to landlord; Painting: $2,000.00 awarded to landlord; Water Rates: $484.36 awarded to landlord

What type of tenancy dispute was case 4752229?

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

Where can I read the official tribunal order for case 4752229?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10548691-Tribunal_Order.pdf.

5H Brights Road, Waiuku, Waiuku 2123 Tenancy Tribunal Case 4752229 — Property damage

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5H Brights Road, Waiuku, Waiuku 2123 Tenancy Tribunal Case 4752229 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4752229 — net $116.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 16 July 2023	$242.86		Rent arrears to 16 July 2023
Water rates	$484.36		Water rates
Cleaning	$300.00		Cleaning
Repairs: painting	$2,000.00		Repairs: painting
Light bulbs	$188.78		Light bulbs
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond since refunded to the landlord		$3,120.00	Bond since refunded to the landlord
Total award	$3,236.44	$3,120.00
Net award	$116.44
Total payable by Tenant to Landlord	$116.44

Claims and awards for application 4752229 — net $116.44 NZD. Verify on MoJ.

Rent arrears to 16 July 2023

Amount: $242.86
Awarded to: Landlord
Reason: Rent arrears to 16 July 2023

Water rates

Amount: $484.36
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Repairs: painting

Amount: $2,000.00
Awarded to: Landlord
Reason: Repairs: painting

Light bulbs

Amount: $188.78
Awarded to: Landlord
Reason: Light bulbs

Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

Chris Constantinos and Esther Eva Gudsteinsdottir must pay Paz Khanna $116.44 immediately, calculated as shown in table below.

Reasons

Both parties attended the rehearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The bond of $3,120.00 has since been refunded to the landlord; this amount will be accounted for against the landlord’s claims proved before me.

How much is owed for rent and water rates?

The tenancy ended on 16 July 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace light bulbs which do not work or have been removed during the tenancy.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
I have taken into account the state of the premises at the start of the tenancy, as indicated from the photographs adduced as well as the tenant’s complaints about the unclean condition of the premises at the start of the tenancy.
I consider that the tenant is liable for only $300.00 of cleaning costs to bring the premises to a reasonably clean and tidy standard at the end of the tenancy.
Light bulbs were missing at the end of the tenancy; the landlord had to replace them.
Only the amounts ordered are 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.
Some of the walls were left in an unfinished state (and therefore damaged) at the end of the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for some of the damage shown on the photographs.
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.
The remaining claims by the landlord have not been proved; only the amounts ordered are proved.
Taking into account the landlord’s claims which are proved and the bond since being refunded to the landlord, there will be a further monetary order of $116.44 in favour of the landlord.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4752229 — net $116.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 16 July 2023	$242.86		Rent arrears to 16 July 2023
Water rates	$484.36		Water rates
Cleaning	$300.00		Cleaning
Repairs: painting	$2,000.00		Repairs: painting
Light bulbs	$188.78		Light bulbs
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond since refunded to the landlord		$3,120.00	Bond since refunded to the landlord
Total award	$3,236.44	$3,120.00
Net award	$116.44
Total payable by Tenant to Landlord	$116.44

Claims and awards for application 4752229 — net $116.44 NZD. Verify on MoJ.

Rent arrears to 16 July 2023

Amount: $242.86
Awarded to: Landlord
Reason: Rent arrears to 16 July 2023

Water rates

Amount: $484.36
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Repairs: painting

Amount: $2,000.00
Awarded to: Landlord
Reason: Repairs: painting

Light bulbs

Amount: $188.78
Awarded to: Landlord
Reason: Light bulbs

Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

Chris Constantinos and Esther Eva Gudsteinsdottir must pay Paz Khanna $116.44 immediately, calculated as shown in table below.

Reasons

Both parties attended the rehearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The bond of $3,120.00 has since been refunded to the landlord; this amount will be accounted for against the landlord’s claims proved before me.

How much is owed for rent and water rates?

The tenancy ended on 16 July 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace light bulbs which do not work or have been removed during the tenancy.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
I have taken into account the state of the premises at the start of the tenancy, as indicated from the photographs adduced as well as the tenant’s complaints about the unclean condition of the premises at the start of the tenancy.
I consider that the tenant is liable for only $300.00 of cleaning costs to bring the premises to a reasonably clean and tidy standard at the end of the tenancy.
Light bulbs were missing at the end of the tenancy; the landlord had to replace them.
Only the amounts ordered are 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.
Some of the walls were left in an unfinished state (and therefore damaged) at the end of the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for some of the damage shown on the photographs.
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.
The remaining claims by the landlord have not been proved; only the amounts ordered are proved.
Taking into account the landlord’s claims which are proved and the bond since being refunded to the landlord, there will be a further monetary order of $116.44 in favour of the landlord.

Tenancy Tribunal case 4752229 — Property damage at 5H Brights Road, Waiuku, Waiuku 2123

At a glance

Tenancy Tribunal case 4752229 — Property damage at 5H Brights Road, Waiuku, Waiuku 2123

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

Property management

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

Property management

Frequently asked questions