What was Tenancy Tribunal case 4770097 about?

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

How much money was awarded in case 4770097?

Cleaning: $1,050.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Loss Of Rent: $3,840.00 awarded to landlord; Painting: $1,500.00 awarded to landlord; Property Damage: $900.00 awarded to landlord; Property Damage: $674.25 awarded to landlord; Rent Arrears: $1,288.00 awarded to landlord; Property Damage: $5,166.38 awarded to landlord; Lawns and Garden Work: $763.88 awarded to landlord; Water Rates: $671.59 awarded to landlord

What type of tenancy dispute was case 4770097?

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

Where can I read the official tribunal order for case 4770097?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10090001-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4770097 about?

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

How much money was awarded in case 4770097?

Cleaning: $1,050.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Loss Of Rent: $3,840.00 awarded to landlord; Painting: $1,500.00 awarded to landlord; Property Damage: $900.00 awarded to landlord; Property Damage: $674.25 awarded to landlord; Rent Arrears: $1,288.00 awarded to landlord; Property Damage: $5,166.38 awarded to landlord; Lawns and Garden Work: $763.88 awarded to landlord; Water Rates: $671.59 awarded to landlord

What type of tenancy dispute was case 4770097?

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

Where can I read the official tribunal order for case 4770097?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10090001-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4770097 — Property damage

Claims and awards in Tenancy Tribunal application 4770097 — net $14,434.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 24 August – 25 October 2023	$1,288.00	3. This application seeks rent arrears, water rates arrears, extensive repairs, rubbish removal, cleaning, and loss of rent costs.
Rubbish removal: garden tidy up, lawns	$763.88	Rubbish removal: garden tidy up, lawns
Water rates	$671.59	7. [The landlord’s representative] provided Council invoices and a ledger showing the calculation of water rates arrears.
Repairs: Repair holes in walls, replace doors throughout house	$5,166.38	Repairs: Repair holes in walls, replace doors throughout house
Cleaning	$1,050.00	Cleaning
Painting	$1,500.00	Painting
Kitchen replacement	$900.00	Kitchen replacement
Stove replacement	$674.25	Stove replacement
Loss of rent	$3,840.00	Loss of rent
Filing fee reimbursement	$20.44	25. The amount sought is for a period less than the actual period that the premises were vacant after the end of the tenancy.
Net award	$14,434.54
Total payable by Tenant to Landlord	$14,434.54

Claims and awards in Tenancy Tribunal application 4770097 — net $14,434.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears 24 August – 25 October 2023

$1,288.00

3. This application seeks rent arrears, water rates arrears, extensive repairs, rubbish removal, cleaning, and loss of rent costs.

Rubbish removal: garden tidy up, lawns

$763.88

Rubbish removal: garden tidy up, lawns

Water rates

$671.59

7. [The landlord’s representative] provided Council invoices and a ledger showing the calculation of water rates arrears.

Repairs: Repair holes in walls, replace doors throughout house

$5,166.38

Repairs: Repair holes in walls, replace doors throughout house

Cleaning

$1,050.00

Cleaning

Painting

$1,500.00

Painting

Kitchen replacement

$900.00

Kitchen replacement

Stove replacement

$674.25

Stove replacement

Loss of rent

$3,840.00

Loss of rent

Filing fee reimbursement

$20.44

25. The amount sought is for a period less than the actual period that the premises were vacant after the end of the tenancy.

Net award

$14,434.54

Total payable by Tenant to Landlord

$14,434.54

Reasons

Background

The tenancy was terminated on 25 October 2023 following breach of a conditional termination order 1 .

The property was in a badly damaged and very untidy state when the landlord retook possession.

This application seeks rent arrears, water rates arrears, extensive repairs, rubbish removal, cleaning, and loss of rent costs.

The hearing took place in [Event location suppressed] on 15 March 2024. [The landlord’s representative] represented the landlord at the hearing. There was no appearance by the tenant. Rent, water

The previous order awarded rent arrears up to 23 August 2023.

The landlord’s rent record establishes further rent arrears of $1,288.00 from 24 August to the end of the tenancy.

[The landlord’s representative] provided Council invoices and a ledger showing the calculation of water rates arrears. The amount claimed is proven. Repairs

There was extensive, intentional damage to the premises during the tenancy including: a. Holes in most walls. b. Doors badly damaged or missing. c. Kitchen cabinetry badly damaged. d. Oven door broken.

The costs of repairs to holes in walls is proven.

All but one interior door in the house needed to be replaced.

Because of the extent of damage, it was necessary to repaint the entire interior. There was also graffiti on some of the walls. It appeared that there had been a fire in the kitchen (which was not reported to the landlord) and there was smoke damage to the ceiling. The cost of painting was $6,000.00. 1 [The landlord/s] v Wharerau [2023] NZTT 4639869

The damage to the kitchen cabinetry and to the stove is beyond fair wear and tear. [The landlord’s representative] stated that they replaced the kitchen with a basic new replacement based on advice from their builder that this would be cheaper than attempting to repair the damage.

I have applied depreciation to the amounts claimed for painting, replacement of the stove, and replacement of the kitchen. In considering an appropriate amount of depreciation I have had regard to the following factors: a. The paintwork was not new but was in tidy condition when this tenancy began in 2017. I have applied depreciation of 75%. b. The stove was replaced sometime during the tenancy. I have applied depreciation of 25%. c. The cost claimed is for new cabinetry and the existing cabinetry was basic and aged, but (as noted above) the cost of new replacement is less than the repair option. I have applied depreciation of 25%. Rubbish removal, cleaning, exterior, and lawns

[The landlord’s representative] provided a video showing the condition of the premises when the landlord re-gained possession.

The premises were in an extremely untidy state. There was rubbish and abandoned belongings throughout the interior and exterior. The lawns and gardens were extremely overgrown. The interior did not appear to have been cleaned in many years.

At the end of a tenancy tenants must leave the premises reasonably clean and tidy and remove all rubbish.

The tenancy was terminated with a bailiff. The bailiff gave the occupants of the house (none of whom was Mr Wharerau) one week’s notice that they had to leave. It seems that the occupants made no efforts to remove rubbish or clean.

The costs claimed for cleaning, rubbish removal and disposal, and lawns and garden tidy up are proven, and are fair and reasonable. Loss of rent

The tenancy ended on 25 October 2023. Rubbish removal began immediately.

The repair work commenced in November 2023.

[The landlord’s representative] advised that the work was not completed until January 2024.

The extent of damage and mess meant that the premises could not be re-let for a prolonged period. This caused of loss of rental income for the landlord.

Although a landlord may reasonably expect some ‘gaps’ between tenancy due to market conditions or the need for maintenance, in this instance the long delay was due to the intentional damage.

This is a direct and reasonably foreseeable consequence of the tenant’s failure to meet his legal duty. I agree that the tenant is liable for the loss.

The amount sought is for a period less than the actual period that the premises were vacant after the end of the tenancy. The amount claimed is fair and reasonable. 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 landlord sought name suppression. Name suppression is granted on the basis that the landlord has substantially succeeded in the proceedings.

The bond will be released to the landlord.

Claims and awards in Tenancy Tribunal application 4770097 — net $14,434.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 24 August – 25 October 2023	$1,288.00	3. This application seeks rent arrears, water rates arrears, extensive repairs, rubbish removal, cleaning, and loss of rent costs.
Rubbish removal: garden tidy up, lawns	$763.88	Rubbish removal: garden tidy up, lawns
Water rates	$671.59	7. [The landlord’s representative] provided Council invoices and a ledger showing the calculation of water rates arrears.
Repairs: Repair holes in walls, replace doors throughout house	$5,166.38	Repairs: Repair holes in walls, replace doors throughout house
Cleaning	$1,050.00	Cleaning
Painting	$1,500.00	Painting
Kitchen replacement	$900.00	Kitchen replacement
Stove replacement	$674.25	Stove replacement
Loss of rent	$3,840.00	Loss of rent
Filing fee reimbursement	$20.44	25. The amount sought is for a period less than the actual period that the premises were vacant after the end of the tenancy.
Net award	$14,434.54
Total payable by Tenant to Landlord	$14,434.54

Claims and awards in Tenancy Tribunal application 4770097 — net $14,434.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears 24 August – 25 October 2023

$1,288.00

3. This application seeks rent arrears, water rates arrears, extensive repairs, rubbish removal, cleaning, and loss of rent costs.

Rubbish removal: garden tidy up, lawns

$763.88

Rubbish removal: garden tidy up, lawns

Water rates

$671.59

7. [The landlord’s representative] provided Council invoices and a ledger showing the calculation of water rates arrears.

Repairs: Repair holes in walls, replace doors throughout house

$5,166.38

Repairs: Repair holes in walls, replace doors throughout house

Cleaning

$1,050.00

Cleaning

Painting

$1,500.00

Painting

Kitchen replacement

$900.00

Kitchen replacement

Stove replacement

$674.25

Stove replacement

Loss of rent

$3,840.00

Loss of rent

Filing fee reimbursement

$20.44

25. The amount sought is for a period less than the actual period that the premises were vacant after the end of the tenancy.

Net award

$14,434.54

Total payable by Tenant to Landlord

$14,434.54

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details. 2. 3.

Reasons

Background

The tenancy was terminated on 25 October 2023 following breach of a conditional termination order 1 .
The property was in a badly damaged and very untidy state when the landlord retook possession.
This application seeks rent arrears, water rates arrears, extensive repairs, rubbish removal, cleaning, and loss of rent costs.
The hearing took place in [Event location suppressed] on 15 March 2024. [The landlord’s representative] represented the landlord at the hearing. There was no appearance by the tenant. Rent, water
The previous order awarded rent arrears up to 23 August 2023.
The landlord’s rent record establishes further rent arrears of $1,288.00 from 24 August to the end of the tenancy.
[The landlord’s representative] provided Council invoices and a ledger showing the calculation of water rates arrears. The amount claimed is proven. Repairs
There was extensive, intentional damage to the premises during the tenancy including: a. Holes in most walls. b. Doors badly damaged or missing. c. Kitchen cabinetry badly damaged. d. Oven door broken.
The costs of repairs to holes in walls is proven.
All but one interior door in the house needed to be replaced.
Because of the extent of damage, it was necessary to repaint the entire interior. There was also graffiti on some of the walls. It appeared that there had been a fire in the kitchen (which was not reported to the landlord) and there was smoke damage to the ceiling. The cost of painting was $6,000.00. 1 [The landlord/s] v Wharerau [2023] NZTT 4639869
The damage to the kitchen cabinetry and to the stove is beyond fair wear and tear. [The landlord’s representative] stated that they replaced the kitchen with a basic new replacement based on advice from their builder that this would be cheaper than attempting to repair the damage.
I have applied depreciation to the amounts claimed for painting, replacement of the stove, and replacement of the kitchen. In considering an appropriate amount of depreciation I have had regard to the following factors: a. The paintwork was not new but was in tidy condition when this tenancy began in 2017. I have applied depreciation of 75%. b. The stove was replaced sometime during the tenancy. I have applied depreciation of 25%. c. The cost claimed is for new cabinetry and the existing cabinetry was basic and aged, but (as noted above) the cost of new replacement is less than the repair option. I have applied depreciation of 25%. Rubbish removal, cleaning, exterior, and lawns
[The landlord’s representative] provided a video showing the condition of the premises when the landlord re-gained possession.
The premises were in an extremely untidy state. There was rubbish and abandoned belongings throughout the interior and exterior. The lawns and gardens were extremely overgrown. The interior did not appear to have been cleaned in many years.
At the end of a tenancy tenants must leave the premises reasonably clean and tidy and remove all rubbish.
The tenancy was terminated with a bailiff. The bailiff gave the occupants of the house (none of whom was Mr Wharerau) one week’s notice that they had to leave. It seems that the occupants made no efforts to remove rubbish or clean.
The costs claimed for cleaning, rubbish removal and disposal, and lawns and garden tidy up are proven, and are fair and reasonable. Loss of rent
The tenancy ended on 25 October 2023. Rubbish removal began immediately.
The repair work commenced in November 2023.
[The landlord’s representative] advised that the work was not completed until January 2024.
The extent of damage and mess meant that the premises could not be re-let for a prolonged period. This caused of loss of rental income for the landlord.
Although a landlord may reasonably expect some ‘gaps’ between tenancy due to market conditions or the need for maintenance, in this instance the long delay was due to the intentional damage.
This is a direct and reasonably foreseeable consequence of the tenant’s failure to meet his legal duty. I agree that the tenant is liable for the loss.
The amount sought is for a period less than the actual period that the premises were vacant after the end of the tenancy. The amount claimed is fair and reasonable. 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 landlord sought name suppression. Name suppression is granted on the basis that the landlord has substantially succeeded in the proceedings.
The bond will be released to the landlord.

Tenancy Tribunal case 4770097 — Property damage

At a glance

Tenancy Tribunal case 4770097 — 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