What was Tenancy Tribunal case 4804401 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] and [The landlord/s] $5,600.56

How much money was awarded in case 4804401?

Filing Fee: $20.44 awarded to landlord; Property Damage: $350.00 awarded to landlord; Property Damage: $2,578.00 awarded to landlord; Rent Arrears: $3,300.00 awarded to landlord; During Tenancy: $239.61 awarded to landlord; Rubbish Removal: $815.88 awarded to landlord; Water Rates: $216.63 awarded to landlord

What type of tenancy dispute was case 4804401?

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

Where can I read the official tribunal order for case 4804401?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10595783-Tribunal_Order.pdf.

What was Tenancy Tribunal case 4804401 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] and [The landlord/s] $5,600.56

How much money was awarded in case 4804401?

Filing Fee: $20.44 awarded to landlord; Property Damage: $350.00 awarded to landlord; Property Damage: $2,578.00 awarded to landlord; Rent Arrears: $3,300.00 awarded to landlord; During Tenancy: $239.61 awarded to landlord; Rubbish Removal: $815.88 awarded to landlord; Water Rates: $216.63 awarded to landlord

What type of tenancy dispute was case 4804401?

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

Where can I read the official tribunal order for case 4804401?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10595783-Tribunal_Order.pdf.

11 Grey Street, Kawakawa 0210 Tenancy Tribunal Case 4804401 — Rent arrears

Reasons

Background

Claims and awards in Tenancy Tribunal application 4804401 — net $5,600.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (including rent in lieu of notice for abandonment	$3,300.00	Rent arrears (including rent in lieu of notice for abandonment
Repairs, change of locks, cleaning, and rubbish removal at end of tenancy	$815.88	Repairs, change of locks, cleaning, and rubbish removal at end of tenancy
Water rates	$216.63	Water rates
Repairs: During tenancy	$239.61	Repairs: During tenancy
Compensation - damage to dishwasher	$350.00	Compensation - damage to dishwasher
Carpet replacement	$2,578.00	Carpet replacement
Filing fee reimbursement	$20.44	29. I will award $350.00.
Net award	$5,600.56
Total payable by Tenant to Landlord	$5,600.56

The landlords’ application seeks rent arrears, water rates, repair costs, and replacement of the carpet.

The hearing took place in Kaikohe on 18 July 2024. Ms Anderson and Mr Fraser attended the hearing. There was no appearance by Ms Paul. The hearing proceeded in Ms Paul’s absence 1 . Rent and water

The tenant abandoned the premises in or around November 2023. The landlord became aware of the abandonment in December.

If a tenant abandons a tenancy, they remain liable for rent to the date that is 28- days from the date that the landlord became aware of the abandonment 2 .

Ms Anderson and Mr Fraser are seeking only three weeks of rent from the date that they became aware of the abandonment, plus the three missed payments prior to that.

The claim is proven.

Water rates are owed for the period from 8 June 2023 to the end of the tenancy.

The claim is proven. Repairs

Tenants are liable for damage beyond fair wear and tear that occurs during the period of the tenancy. Tenants are liable for damage that is caused by themselves or by anyone who is at the premises with their consent 3 .

The landlords became aware of damage to the premises (holes in walls and doors) in September 2023. They carried out repairs with the assistance of the tenant. Their claim seeks the cost of materials only for those repairs.

They discovered other damage at the end of the tenancy, including new damage to a wall, damaged light fitting, and broken window handles and latches. The keys were not returned.

The premises were not reasonably clean and tidy and there was some rubbish left behind.

Ms Anderson and Mr Fraser provided photographs showing the condition of the premises at the end of the tenancy. 1 Section 92 Residential Tenancies Act 1986 (“RTA”) 2 Section 61(3) RTA 3 Section 49B RTA

The landlords’ claim for repairs, cleaning, and rubbish removal is fair and reasonable.

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

The landlords’ photographs show that the carpet in the lounge and all of the bedrooms was badly stained at the end of the tenancy.

The nature and extent of the staining is such that it cannot be removed by cleaning. It is necessary to replace the carpet.

The landlords have re-tenanted the premises, but agreed to a reduced rent due to the condition of the carpet and the fact that there is no working dishwasher.

The landlords obtained a quote from Carpet Court Kerikeri for $5,156.65 to replace the carpet.

The property inspection report on the tenancy agreement notes “general stains” on the carpet at the beginning of this tenancy in March 2021. Ms Anderson provided photographs showing the condition of the carpet at the beginning of the tenancy. There are some small stains / marks on the carpet, but it is in generally tidy condition.

The landlords were unsure of the age of the carpet.

I am satisfied that: a. The carpet was damaged (stained) during Ms Paul’s tenancy. b. The extent of damage is such that it is necessary to replace the carpet. c. The cost of replacing the carpet is proven. Depreciation must apply to the new replacement cost. d. On the evidence available to me, it is appropriate to apply depreciation of 50%. Dishwasher

The dishwasher was badly damaged during the tenancy. It appears that the door was forced open beyond the limit of the hinges, then the door was pushed in causing damage the exterior of the door.

The tenant did not inform the landlord about this damage. She replaced the dishwasher with a second hand one.

When the landlords re-took possession, they discovered that the tenant’s dishwasher did not work.

The tenant is liable for the damage to the landlords’ dishwasher. The damage occurred during the tenancy and is not fair wear and tear.

The landlords do not know whether the dishwasher can be repaired. Ms Anderson obtained a cost for a replacement door panel, which is $178.25 plus GST and freight. It is possible that the cost of repairs may be more than the cost of replacement.

Given that the loss is not entirely quantified it is appropriate to take a conservative approach to assessing compensation.

I will award $350.00. Filing fee, bond

The landlords have been successful in this application, and I must also award them the filing fee of $20.44 4 .

The proven claim exceeds the amount of the bond. The bond will be released to the landlords.

Claims and awards in Tenancy Tribunal application 4804401 — net $5,600.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (including rent in lieu of notice for abandonment	$3,300.00	Rent arrears (including rent in lieu of notice for abandonment
Repairs, change of locks, cleaning, and rubbish removal at end of tenancy	$815.88	Repairs, change of locks, cleaning, and rubbish removal at end of tenancy
Water rates	$216.63	Water rates
Repairs: During tenancy	$239.61	Repairs: During tenancy
Compensation - damage to dishwasher	$350.00	Compensation - damage to dishwasher
Carpet replacement	$2,578.00	Carpet replacement
Filing fee reimbursement	$20.44	29. I will award $350.00.
Net award	$5,600.56
Total payable by Tenant to Landlord	$5,600.56

Order

[The tenant/s] must pay [The landlord/s] and [The landlord/s] $5,600.56 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,920.00 (5865520-001) to [The landlord/s] and [The landlord/s] immediately.

Reasons

Background

The landlords’ application seeks rent arrears, water rates, repair costs, and replacement of the carpet.
The hearing took place in Kaikohe on 18 July 2024. Ms Anderson and Mr Fraser attended the hearing. There was no appearance by Ms Paul. The hearing proceeded in Ms Paul’s absence 1 . Rent and water
The tenant abandoned the premises in or around November 2023. The landlord became aware of the abandonment in December.
If a tenant abandons a tenancy, they remain liable for rent to the date that is 28- days from the date that the landlord became aware of the abandonment 2 .
Ms Anderson and Mr Fraser are seeking only three weeks of rent from the date that they became aware of the abandonment, plus the three missed payments prior to that.
The claim is proven.
Water rates are owed for the period from 8 June 2023 to the end of the tenancy.
The claim is proven. Repairs
Tenants are liable for damage beyond fair wear and tear that occurs during the period of the tenancy. Tenants are liable for damage that is caused by themselves or by anyone who is at the premises with their consent 3 .
The landlords became aware of damage to the premises (holes in walls and doors) in September 2023. They carried out repairs with the assistance of the tenant. Their claim seeks the cost of materials only for those repairs.
They discovered other damage at the end of the tenancy, including new damage to a wall, damaged light fitting, and broken window handles and latches. The keys were not returned.
The premises were not reasonably clean and tidy and there was some rubbish left behind.
Ms Anderson and Mr Fraser provided photographs showing the condition of the premises at the end of the tenancy. 1 Section 92 Residential Tenancies Act 1986 (“RTA”) 2 Section 61(3) RTA 3 Section 49B RTA
The landlords’ claim for repairs, cleaning, and rubbish removal is fair and reasonable.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Carpet
The landlords’ photographs show that the carpet in the lounge and all of the bedrooms was badly stained at the end of the tenancy.
The nature and extent of the staining is such that it cannot be removed by cleaning. It is necessary to replace the carpet.
The landlords have re-tenanted the premises, but agreed to a reduced rent due to the condition of the carpet and the fact that there is no working dishwasher.
The landlords obtained a quote from Carpet Court Kerikeri for $5,156.65 to replace the carpet.
The property inspection report on the tenancy agreement notes “general stains” on the carpet at the beginning of this tenancy in March 2021. Ms Anderson provided photographs showing the condition of the carpet at the beginning of the tenancy. There are some small stains / marks on the carpet, but it is in generally tidy condition.
The landlords were unsure of the age of the carpet.
I am satisfied that: a. The carpet was damaged (stained) during Ms Paul’s tenancy. b. The extent of damage is such that it is necessary to replace the carpet. c. The cost of replacing the carpet is proven. Depreciation must apply to the new replacement cost. d. On the evidence available to me, it is appropriate to apply depreciation of 50%. Dishwasher
The dishwasher was badly damaged during the tenancy. It appears that the door was forced open beyond the limit of the hinges, then the door was pushed in causing damage the exterior of the door.
The tenant did not inform the landlord about this damage. She replaced the dishwasher with a second hand one.
When the landlords re-took possession, they discovered that the tenant’s dishwasher did not work.
The tenant is liable for the damage to the landlords’ dishwasher. The damage occurred during the tenancy and is not fair wear and tear.
The landlords do not know whether the dishwasher can be repaired. Ms Anderson obtained a cost for a replacement door panel, which is $178.25 plus GST and freight. It is possible that the cost of repairs may be more than the cost of replacement.
Given that the loss is not entirely quantified it is appropriate to take a conservative approach to assessing compensation.
I will award $350.00. Filing fee, bond
The landlords have been successful in this application, and I must also award them the filing fee of $20.44 4 .
The proven claim exceeds the amount of the bond. The bond will be released to the landlords.

Tenancy Tribunal case 4804401 — Rent arrears at 11 Grey Street, Kawakawa 0210

At a glance

Tenancy Tribunal case 4804401 — Rent arrears at 11 Grey Street, Kawakawa 0210

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