What was Tenancy Tribunal case 4832638 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 4832638?

Cleaning: $1,200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $3,572.31 awarded to landlord; Property Damage: $1,542.09 awarded to landlord; Rent Arrears: $3,684.20 awarded to landlord; Walls and Doors: $7,279.50 awarded to landlord; Replace Curtains: $120.00 awarded to landlord; Rubbish Removal: $1,575.80 awarded to landlord; Smoke Alarms: $1,500.00 awarded to landlord; Water Rates: $1,095.83 awarded to landlord

What type of tenancy dispute was case 4832638?

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

Where can I read the official tribunal order for case 4832638?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10594610-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4832638 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 4832638?

Cleaning: $1,200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $3,572.31 awarded to landlord; Property Damage: $1,542.09 awarded to landlord; Rent Arrears: $3,684.20 awarded to landlord; Walls and Doors: $7,279.50 awarded to landlord; Replace Curtains: $120.00 awarded to landlord; Rubbish Removal: $1,575.80 awarded to landlord; Smoke Alarms: $1,500.00 awarded to landlord; Water Rates: $1,095.83 awarded to landlord

What type of tenancy dispute was case 4832638?

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

Where can I read the official tribunal order for case 4832638?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10594610-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4832638 — Property damage

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New Zealand Tenancy Tribunal Case 4832638 — 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 4832638 — net $20,450.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 January 2024	$3,684.20	2. The landlord’s application seeks rent arrears, water rates arrears, repairs, cleaning, rubbish removal, and exemplary damages (interference with the means o…
Rubbish removal	$1,575.80	Rubbish removal
Cleaning	$1,200.00	Cleaning
Repairs: Holes in walls and doors throughout, and painting	$7,279.50	Repairs: Holes in walls and doors throughout, and painting
Replace curtains	$120.00	Replace curtains
Replace kitchen and kitchen floor	$3,572.31	Replace kitchen and kitchen floor
Window repairs	$1,542.09	Window repairs
Water rates	$1,095.83	2021. The landlord provided copies of the relevant [Council] invoices.
Exemplary damages - removal of smoke alarm	$1,500.00	Exemplary damages - removal of smoke alarm
Filing fee reimbursement	$20.44	38. I will award exemplary damages of $1,500.00.
Net award	$20,450.17
Total payable by Tenant to Landlord	$20,450.17

Claims and awards for application 4832638 — net $20,450.17 NZD. Verify on MoJ.

Rent arrears to 31 January 2024

Amount: $3,684.20
Awarded to: Landlord
Reason: 2. The landlord’s application seeks rent arrears, water rates arrears, repairs, cleaning, rubbish removal, and exemplary damages (interference with the means o…

Rubbish removal

Amount: $1,575.80
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $1,200.00
Awarded to: Landlord
Reason: Cleaning

Repairs: Holes in walls and doors throughout, and painting

Amount: $7,279.50
Awarded to: Landlord
Reason: Repairs: Holes in walls and doors throughout, and painting

Replace curtains

Amount: $120.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms Water Rates

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 ended on 31 January 2024.
The landlord’s application seeks rent arrears, water rates arrears, repairs, cleaning, rubbish removal, and exemplary damages (interference with the means of escape from fire).
The hearing took place in [Event location suppressed] on 17 July 2024. [The landlord’s representative] represented the landlord at the hearing. There was no appearance by the tenant. Rent and water
The landlord’s rent record shows rent arrears of $3,684.20 to the end of the tenancy. The last rent payment was made on 29 November 2023. The amount of arrears is proven.
There are outstanding water rates invoices dating back to 2021. The landlord provided copies of the relevant [Council] invoices. The invoices were sent to the tenant but were not paid. The amount of outstanding water rates arrears is proven. Cleaning and rubbish removal
Tenants must remove all rubbish and leave the premises reasonably clean and tidy at the end of the tenancy. 1
[The landlord’s representative] provided a video showing the condition of the premises at the end of the tenancy.
The premises were in an extremely unclean and untidy condition. There was rubbish and abandoned belongings throughout the house and in the section. The abandoned belongings included many bulky items such as beds and mattresses and items of furniture. The premises do not appear to have been cleaned in a very long time.
The costs of rubbish removal and cleaning are proven and are fair and reasonable. Repairs a. Holes in walls and doors 1 Section 45(1)(e)(iii) Residential Tenancies Act 1986 (“RTA”)
The exit video shows damage to the walls and doors throughout the house. Most of the damage has been ‘patch repaired’, but the repairs are not to a professional standard.
[The landlord’s representative] provided photographs showing the condition of the premises at the start of the tenancy. The damage was not present at that time.
The damage is not fair wear and tear.
The claim seeks $10,919.25 for repairs to walls and doors and painting, per invoices from [builder].
I am satisfied that this was the actual cost of the repair and painting work. The video shows large holes, partially repaired, in most of the walls and doors.
The tenancy began in 2016. [The landlord’s representative] said that some of the existing paint dated back to around 2012.
The extent of damage necessitated re-painting the entire interior, but depreciation must apply to that part of the cost. Depreciation does not apply to the cost of repairs, only painting.
On the evidence available to me it is not possible to precisely separate these costs, and therefore I must approximate.
I will award two-thirds of the total repair and painting cost claimed. b. Kitchen
The landlord discovered extensive damage to the kitchen during an inspection in 2023.
[The landlord’s representative] provided a video showing the damage.
It appears that there was a leak from a pipe underneath the kitchen sink. The leak was not reported to the landlord and was not repaired.
The leak destroyed the composite board kitchen cabinetry, and then the kitchen floor.
The leak must have persisted for many months to cause this extent of damage.
Tenants must notify the landlord as soon as possible of the need for any repairs. 2
The tenant was aware of the leak but failed to notify the landlord. As a consequence, the leak went unrepaired and damaged the kitchen cabinetry, and the entire kitchen floor, beyond repair. 2 Section 40(1)(d) RTA
The tenant is liable for the resultant damage due to the breach of their legal duty to notify the landlord.
The cost of replacing the kitchen cabinetry and floor is proven. The landlord was able to minimise the cost by purchasing inexpensive replacement cabinetry. c. Windows, curtains
The landlord discovered numerous broken windows during an inspection in 2023. The cost of re-glazing (six windows total) is proven.
The curtains were in poor condition at the end of the tenancy. The claim seeks $480.00 for replacing 8 curtains. Having regard to depreciation, I will award $120.00. Removal of smoke alarm
There was a smoke alarm in the hallway of the house when the tenancy began in 2016. The landlord discovered that alarm was missing during an inspection in December 2021.
[The landlord’s representative] replaced the alarm. [The landlord’s representative] provided a brief video showing him installing and testing the alarm in December 2021.
The alarm was missing again at the end of the tenancy.
It is an unlawful act for a tenant to interfere with the means of escape from fire. This includes removing or disabling smoke alarms. Exemplary damages of up to $4,000.00 can apply.
In considering an award of exemplary damages the Tribunal must have regard to: 3 a. The intention of the person who committed the unlawful act; and b. The effect of the unlawful act; and c. The interests of the person against whom the act was committed; and d. The public interest.
In this instance: a. The smoke alarms could only have been removed intentionally. b. The action put the lives of the occupants and also the landlord’s property at risk. 3 Section 109(3) RTA c. There is a legitimate public interest in ensuring that tenants are penalised appropriately for removing or disabling smoke alarms.
The usual approach of the Tribunal is to award one-third of the maximum amount of exemplary damages unless aggravating or mitigating factors are in play 4 .
In this instance it is an aggravating factor that the alarm was removed twice.
I will award exemplary damages of $1,500.00. Filing fee, bond, name suppression
The proven claim exceeds the amount of the bond. The bond will be released to the landlord.
The landlord has been successful in this application, and I must also award the landlord the filing fee of $20.44. 5
The landlord sought name suppression. Name suppression is granted on the basis that the landlord has succeeded in the proceedings. 6

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 4832638 — net $20,450.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 January 2024	$3,684.20	2. The landlord’s application seeks rent arrears, water rates arrears, repairs, cleaning, rubbish removal, and exemplary damages (interference with the means o…
Rubbish removal	$1,575.80	Rubbish removal
Cleaning	$1,200.00	Cleaning
Repairs: Holes in walls and doors throughout, and painting	$7,279.50	Repairs: Holes in walls and doors throughout, and painting
Replace curtains	$120.00	Replace curtains
Replace kitchen and kitchen floor	$3,572.31	Replace kitchen and kitchen floor
Window repairs	$1,542.09	Window repairs
Water rates	$1,095.83	2021. The landlord provided copies of the relevant [Council] invoices.
Exemplary damages - removal of smoke alarm	$1,500.00	Exemplary damages - removal of smoke alarm
Filing fee reimbursement	$20.44	38. I will award exemplary damages of $1,500.00.
Net award	$20,450.17
Total payable by Tenant to Landlord	$20,450.17

Claims and awards for application 4832638 — net $20,450.17 NZD. Verify on MoJ.

Rent arrears to 31 January 2024

Amount: $3,684.20
Awarded to: Landlord
Reason: 2. The landlord’s application seeks rent arrears, water rates arrears, repairs, cleaning, rubbish removal, and exemplary damages (interference with the means o…

Rubbish removal

Amount: $1,575.80
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $1,200.00
Awarded to: Landlord
Reason: Cleaning

Repairs: Holes in walls and doors throughout, and painting

Amount: $7,279.50
Awarded to: Landlord
Reason: Repairs: Holes in walls and doors throughout, and painting

Replace curtains

Amount: $120.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms Water Rates

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 ended on 31 January 2024.
The landlord’s application seeks rent arrears, water rates arrears, repairs, cleaning, rubbish removal, and exemplary damages (interference with the means of escape from fire).
The hearing took place in [Event location suppressed] on 17 July 2024. [The landlord’s representative] represented the landlord at the hearing. There was no appearance by the tenant. Rent and water
The landlord’s rent record shows rent arrears of $3,684.20 to the end of the tenancy. The last rent payment was made on 29 November 2023. The amount of arrears is proven.
There are outstanding water rates invoices dating back to 2021. The landlord provided copies of the relevant [Council] invoices. The invoices were sent to the tenant but were not paid. The amount of outstanding water rates arrears is proven. Cleaning and rubbish removal
Tenants must remove all rubbish and leave the premises reasonably clean and tidy at the end of the tenancy. 1
[The landlord’s representative] provided a video showing the condition of the premises at the end of the tenancy.
The premises were in an extremely unclean and untidy condition. There was rubbish and abandoned belongings throughout the house and in the section. The abandoned belongings included many bulky items such as beds and mattresses and items of furniture. The premises do not appear to have been cleaned in a very long time.
The costs of rubbish removal and cleaning are proven and are fair and reasonable. Repairs a. Holes in walls and doors 1 Section 45(1)(e)(iii) Residential Tenancies Act 1986 (“RTA”)
The exit video shows damage to the walls and doors throughout the house. Most of the damage has been ‘patch repaired’, but the repairs are not to a professional standard.
[The landlord’s representative] provided photographs showing the condition of the premises at the start of the tenancy. The damage was not present at that time.
The damage is not fair wear and tear.
The claim seeks $10,919.25 for repairs to walls and doors and painting, per invoices from [builder].
I am satisfied that this was the actual cost of the repair and painting work. The video shows large holes, partially repaired, in most of the walls and doors.
The tenancy began in 2016. [The landlord’s representative] said that some of the existing paint dated back to around 2012.
The extent of damage necessitated re-painting the entire interior, but depreciation must apply to that part of the cost. Depreciation does not apply to the cost of repairs, only painting.
On the evidence available to me it is not possible to precisely separate these costs, and therefore I must approximate.
I will award two-thirds of the total repair and painting cost claimed. b. Kitchen
The landlord discovered extensive damage to the kitchen during an inspection in 2023.
[The landlord’s representative] provided a video showing the damage.
It appears that there was a leak from a pipe underneath the kitchen sink. The leak was not reported to the landlord and was not repaired.
The leak destroyed the composite board kitchen cabinetry, and then the kitchen floor.
The leak must have persisted for many months to cause this extent of damage.
Tenants must notify the landlord as soon as possible of the need for any repairs. 2
The tenant was aware of the leak but failed to notify the landlord. As a consequence, the leak went unrepaired and damaged the kitchen cabinetry, and the entire kitchen floor, beyond repair. 2 Section 40(1)(d) RTA
The tenant is liable for the resultant damage due to the breach of their legal duty to notify the landlord.
The cost of replacing the kitchen cabinetry and floor is proven. The landlord was able to minimise the cost by purchasing inexpensive replacement cabinetry. c. Windows, curtains
The landlord discovered numerous broken windows during an inspection in 2023. The cost of re-glazing (six windows total) is proven.
The curtains were in poor condition at the end of the tenancy. The claim seeks $480.00 for replacing 8 curtains. Having regard to depreciation, I will award $120.00. Removal of smoke alarm
There was a smoke alarm in the hallway of the house when the tenancy began in 2016. The landlord discovered that alarm was missing during an inspection in December 2021.
[The landlord’s representative] replaced the alarm. [The landlord’s representative] provided a brief video showing him installing and testing the alarm in December 2021.
The alarm was missing again at the end of the tenancy.
It is an unlawful act for a tenant to interfere with the means of escape from fire. This includes removing or disabling smoke alarms. Exemplary damages of up to $4,000.00 can apply.
In considering an award of exemplary damages the Tribunal must have regard to: 3 a. The intention of the person who committed the unlawful act; and b. The effect of the unlawful act; and c. The interests of the person against whom the act was committed; and d. The public interest.
In this instance: a. The smoke alarms could only have been removed intentionally. b. The action put the lives of the occupants and also the landlord’s property at risk. 3 Section 109(3) RTA c. There is a legitimate public interest in ensuring that tenants are penalised appropriately for removing or disabling smoke alarms.
The usual approach of the Tribunal is to award one-third of the maximum amount of exemplary damages unless aggravating or mitigating factors are in play 4 .
In this instance it is an aggravating factor that the alarm was removed twice.
I will award exemplary damages of $1,500.00. Filing fee, bond, name suppression
The proven claim exceeds the amount of the bond. The bond will be released to the landlord.
The landlord has been successful in this application, and I must also award the landlord the filing fee of $20.44. 5
The landlord sought name suppression. Name suppression is granted on the basis that the landlord has succeeded in the proceedings. 6

Tenancy Tribunal case 4832638 — Property damage

At a glance

Tenancy Tribunal case 4832638 — 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