What was the outcome of Tenancy Tribunal case 4788478?

The tribunal order states: Alicia Johnson must pay Barfoot & Thompson Limited $2,214.14 immediately,

How much money was awarded in case 4788478?

Cleaning: $272.00 awarded to landlord; Cleaning: $284.63 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $250.00 awarded to landlord; Property Damage: $548.72 awarded to landlord; Property Damage: $621.00 awarded to landlord; Rent Arrears: $1,040.00 awarded to landlord; Rubbish Removal: $380.88 awarded to landlord; Water Rates: $776.47 awarded to landlord

What type of tenancy dispute was case 4788478?

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

Where can I read the official tribunal order for case 4788478?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10213799-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4788478?

The tribunal order states: Alicia Johnson must pay Barfoot & Thompson Limited $2,214.14 immediately,

How much money was awarded in case 4788478?

Cleaning: $272.00 awarded to landlord; Cleaning: $284.63 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $250.00 awarded to landlord; Property Damage: $548.72 awarded to landlord; Property Damage: $621.00 awarded to landlord; Rent Arrears: $1,040.00 awarded to landlord; Rubbish Removal: $380.88 awarded to landlord; Water Rates: $776.47 awarded to landlord

What type of tenancy dispute was case 4788478?

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

Where can I read the official tribunal order for case 4788478?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10213799-Tenancy_Tribunal_Order.pdf.

20 Dingadee Street, Welcome Bay, Tauranga 3112 Tenancy Tribunal Case 4788478 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4788478 — net $2,214.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 3 Jan 2024	$1,040.00	Rent arrears as at 3 Jan 2024
Water rates as at 3 Jan 2024	$776.47	Water rates as at 3 Jan 2024
Carpet Cleaning in the lounge	$272.00	Carpet Cleaning in the lounge
Cleaning	$284.63	Cleaning
Rubbish removal	$380.88	Rubbish removal
Pest control	$250.00	Pest control
Window repairs	$548.72	Window repairs
Repair holes in doors and walls	$621.00	Repair holes in doors and walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,214.14
Total payable by Tenant to Landlord	$2,214.14

This application was scheduled to be heard as an in person hearing at Tauranga District Court. Ms Johnson did not attend today’s hearing and so it proceeded in her absence.

The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 3 January 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy - $1040.00 rent which includes the last payment of rent of $560.00 on 13 December 2023 and a total of $776.47 which spanned invoices during 2023.

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.

The photographs show that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There were scribble marks on the walls, felt tip pen marks on the carpet in the lounge, cupboards that had not been wiped etc. There was also a considerable amount of rubbish left outside and in the garage.

I have also ordered Ms Johnson to reimburse the cost of a cockroach treatment because there were photographs showing evidence of cockroaches in the house.

The amounts ordered to remedy these issues are proved by invoices.

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.

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 four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

The photographs show that all the bedroom doors had holes in them that the tenant had attempted to repair. The repairs were unsightly and had not been done to a reasonable standard. This damage was beyond fair wear and tear.

The photographs also show that wallpaper had been pulled away from 2 places on the wall in the hallway, that there was a hole in the kitchen wall and a hole in the wall in bedroom 2. This damage was also beyond fair wear and tear.

I accept that the tenant is required to pay the cost of these repairs ($621.00) because that cost is lower than the $1,000.00 excess payable on the landlord’s insurance.

The amounts ordered to remedy these issues are proved by invoices.

The photographs also evidence that there were 2 broken windows in the garage and a broken window in the lounge ranch slider.

The invoiced cost of repairing these windows was $548.72. I am ordering the tenant to pay this invoice because the cost was lower than the $1,000.00 excess payable on the landlord’s insurance.

I note that all the above damages occurred during the tenant’s tenancy because the pre-entry inspection report completed at the beginning of Ms Johnson’s tenancy showed that the house was in good condition and did not have broken windows or holes in any walls and doors. Filing fee reimbursement

I am ordering Ms Johnson to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against her. C ter Haar 16 April 2024

Claims and awards in Tenancy Tribunal application 4788478 — net $2,214.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 3 Jan 2024	$1,040.00	Rent arrears as at 3 Jan 2024
Water rates as at 3 Jan 2024	$776.47	Water rates as at 3 Jan 2024
Carpet Cleaning in the lounge	$272.00	Carpet Cleaning in the lounge
Cleaning	$284.63	Cleaning
Rubbish removal	$380.88	Rubbish removal
Pest control	$250.00	Pest control
Window repairs	$548.72	Window repairs
Repair holes in doors and walls	$621.00	Repair holes in doors and walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,214.14
Total payable by Tenant to Landlord	$2,214.14

Order

Alicia Johnson must pay Barfoot & Thompson Limited $2,214.14 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,980.00 (3592427-010) to Barfoot & Thompson Limited immediately.

Reasons

This application was scheduled to be heard as an in person hearing at Tauranga District Court. Ms Johnson did not attend today’s hearing and so it proceeded in her absence.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 3 January 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy - $1040.00 rent which includes the last payment of rent of $560.00 on 13 December 2023 and a total of $776.47 which spanned invoices during 2023.

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.
The photographs show that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There were scribble marks on the walls, felt tip pen marks on the carpet in the lounge, cupboards that had not been wiped etc. There was also a considerable amount of rubbish left outside and in the garage.
I have also ordered Ms Johnson to reimburse the cost of a cockroach treatment because there were photographs showing evidence of cockroaches in the house.
The amounts ordered to remedy these issues are proved by invoices.

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.
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 four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
The photographs show that all the bedroom doors had holes in them that the tenant had attempted to repair. The repairs were unsightly and had not been done to a reasonable standard. This damage was beyond fair wear and tear.
The photographs also show that wallpaper had been pulled away from 2 places on the wall in the hallway, that there was a hole in the kitchen wall and a hole in the wall in bedroom 2. This damage was also beyond fair wear and tear.
I accept that the tenant is required to pay the cost of these repairs ($621.00) because that cost is lower than the $1,000.00 excess payable on the landlord’s insurance.
The amounts ordered to remedy these issues are proved by invoices.
The photographs also evidence that there were 2 broken windows in the garage and a broken window in the lounge ranch slider.
The invoiced cost of repairing these windows was $548.72. I am ordering the tenant to pay this invoice because the cost was lower than the $1,000.00 excess payable on the landlord’s insurance.
I note that all the above damages occurred during the tenant’s tenancy because the pre-entry inspection report completed at the beginning of Ms Johnson’s tenancy showed that the house was in good condition and did not have broken windows or holes in any walls and doors. Filing fee reimbursement
I am ordering Ms Johnson to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against her. C ter Haar 16 April 2024

Tenancy Tribunal case 4788478 — Property damage at 20 Dingadee Street, Welcome Bay, Tauranga 3112

At a glance

Tenancy Tribunal case 4788478 — Property damage at 20 Dingadee Street, Welcome Bay, Tauranga 3112

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