What was Tenancy Tribunal case 4844720 about?

The tribunal order states: The Tribunal continues the existing suppression order of the Landlord’s name

How much money was awarded in case 4844720?

Cleaning: $600.00 awarded to landlord; Electrical Check: $1,035.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Fixing Gutter: $258.75 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Replace Doors And Architrave: $1,800.00 awarded to landlord; Replace Front Door And Door Lock: $850.00 awarded to landlord; Replace Glass Panels In Shower: $1,800.00 awarded to landlord; Rubbish Removal: $1,800.00 awarded to landlord; Water Rates: $2,076.84 awarded to landlord

What type of tenancy dispute was case 4844720?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4844720?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11127769-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4844720 about?

The tribunal order states: The Tribunal continues the existing suppression order of the Landlord’s name

How much money was awarded in case 4844720?

Cleaning: $600.00 awarded to landlord; Electrical Check: $1,035.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Fixing Gutter: $258.75 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Replace Doors And Architrave: $1,800.00 awarded to landlord; Replace Front Door And Door Lock: $850.00 awarded to landlord; Replace Glass Panels In Shower: $1,800.00 awarded to landlord; Rubbish Removal: $1,800.00 awarded to landlord; Water Rates: $2,076.84 awarded to landlord

What type of tenancy dispute was case 4844720?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4844720?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11127769-Tribunal_Order_Redacted.pdf.

31 Universal Drive, Henderson, Auckland 0610 Tenancy Tribunal Case 4844720 — Property damage

Tenantcheck Insights

31 Universal Drive, Henderson, Auckland 0610 Tenancy Tribunal Case 4844720 — 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 4844720 — net $12,836.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$2,076.84	Water rates
Rubbish removal	$1,800.00	Rubbish removal
Carpet cleaning	$600.00	Carpet cleaning
Repair kitchen cabinets	$400.00	Repair kitchen cabinets
Replace doors and architrave	$1,800.00	Replace doors and architrave
Replace front door and door lock	$850.00	Replace front door and door lock
Repair holes in walls and paint over marks	$2,000.00	Repair holes in walls and paint over marks
Replace glass panels in shower	$1,800.00	Replace glass panels in shower
Window repairs	$600.00	Window repairs
Repair fibre connection	$345.00	Repair fibre connection
Electrical check	$1,035.00	Electrical check
Fixing gutter	$258.75	Fixing gutter
Loss of rent while repairs undertaken (2 weeks rent	$1,500.00	Loss of rent while repairs undertaken (2 weeks rent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$12,836.03
Total payable by Tenant to Landlord	$12,836.03

Claims and awards for application 4844720 — net $12,836.03 NZD. Verify on MoJ.

Water rates

Amount: $2,076.84
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $1,800.00
Awarded to: Landlord
Reason: Rubbish removal

Carpet cleaning

Amount: $600.00
Awarded to: Landlord
Reason: Carpet cleaning

Repair kitchen cabinets

Amount: $400.00
Awarded to: Landlord
Reason: Repair kitchen cabinets

Replace doors and architrave

Amount: $1,800.00
Awarded to: Landlord
Reason: Replace doors and architrave

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal Water Rates

Order

The Tribunal continues the existing suppression order of the Landlord’s name and identifying details.
The Tribunal orders made on 9 September 2024 are amended and replaced with the following orders:
Christy May Hopkins-Rae and Connor Ivor Laing-Smith must pay [The Landlord] $12,836.03 immediately, calculated as shown in the table below.

Reasons

Only the landlord attended the hearing which was held by phone. Calls were place to the numbers provided for both tenants but the calls went to voicemail.
I am satisfied that the tenants had notice of the hearing today and so the hearing proceeded in the tenants’ absence.
On 9 September 2024 the Tribunal made the following orders:
On 10 July 2024, the landlord applied for a rehearing on the grounds that: a. The costs of repair/replacement for various items did not include GST; b. The issue of loss of rent while the property was repaired was not addressed; and c. There was no mention of the landlord’s claim for the tenants abandoning the premises.
Section 105(1) Residential Tenancies Act 1986 provides that the Tribunal has the power to order a rehearing where “a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur”.
Usually the party applying for the rehearing must show that something went wrong with the Tribunal’s procedure, for example, that they did not receive notice of the hearing or they were not able to properly present their case. A rehearing may also be granted where there is new evidence that was not reasonably available at the first hearing, if it could have affected the outcome.
The District Court has held that if the Tribunal was simply wrong in its findings of fact, or its application of the law, this is not sufficient to establish a miscarriage of justice: a rehearing is not an alternative to an appeal. Furthermore, a rehearing will not be granted just because a party is unhappy with the decision, or to give them a second opportunity to present their case.

Has a substantial wrong or miscarriage of justice occurred?

At the hearing it became apparent that the landlord was not in fact seeking a re- hearing (for the matter to be heard de-novo before another adjudicator) but was seeking to: a. amend the amounts ordered that did not include GST; and b. seek determination on two issues that she says were not addressed during the hearing as follows: i. loss of rent while the property was being repaired; and ii. exemplary damages sought for abandonment.

GST

The landlord provided a quote for most of the work done which set out itemised repairs but those amounts excluded GST.
Of the amounts ordered there were two items where awards were made for the full amount paid by the landlord, these were the items “Repair fibre connection” and “Electrical check”. The amount ordered for compensation for these amounts did not include GST and so I have adjusted these amounts.
For all other items (with the exception of “fixing gutter” for which there was a separate invoice that included GST) I made an objective assessment of reasonable compensation based partly on the invoice but also on the age of the items, the repairs required, betterment and depreciation. I do not consider that any adjustment of these amounts is required to take into account GST. Loss of rent while property being repaired
I accept that the landlord did seek compensation for loss of rent while the property was repaired/renovated (see paragraph 9(e) of the Tribunal decision) but that no determination was made on this issue at the hearing.
I was advised that there was period of 4 – 5 weeks while the repairs and renovations were completed.
Having reviewed the evidence I consider that the landlord is entitled to compensation of two weeks rent for the period while repairs were made, being $1500.00. The Tribunal order made on 9 September 2024 is amended accordingly and this amount has been added to the amended order above.
I have not ordered compensation for the entire time because I consider that the property was renovated as well as repaired, and because it is usual for there to be sometime between tenancies while the landlord does additional cleaning and attends to maintenance issues. Exemplary damages for abandonment
I have reviewed the original Tribunal order and note that the Tribunal did in fact deal with the landlord’s claim for exemplary damages for abandonment at paragraphs 59 – 63. The landlord’s claim for exemplary damages was dismissed.

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 4844720 — net $12,836.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$2,076.84	Water rates
Rubbish removal	$1,800.00	Rubbish removal
Carpet cleaning	$600.00	Carpet cleaning
Repair kitchen cabinets	$400.00	Repair kitchen cabinets
Replace doors and architrave	$1,800.00	Replace doors and architrave
Replace front door and door lock	$850.00	Replace front door and door lock
Repair holes in walls and paint over marks	$2,000.00	Repair holes in walls and paint over marks
Replace glass panels in shower	$1,800.00	Replace glass panels in shower
Window repairs	$600.00	Window repairs
Repair fibre connection	$345.00	Repair fibre connection
Electrical check	$1,035.00	Electrical check
Fixing gutter	$258.75	Fixing gutter
Loss of rent while repairs undertaken (2 weeks rent	$1,500.00	Loss of rent while repairs undertaken (2 weeks rent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$12,836.03
Total payable by Tenant to Landlord	$12,836.03

Claims and awards for application 4844720 — net $12,836.03 NZD. Verify on MoJ.

Water rates

Amount: $2,076.84
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $1,800.00
Awarded to: Landlord
Reason: Rubbish removal

Carpet cleaning

Amount: $600.00
Awarded to: Landlord
Reason: Carpet cleaning

Repair kitchen cabinets

Amount: $400.00
Awarded to: Landlord
Reason: Repair kitchen cabinets

Replace doors and architrave

Amount: $1,800.00
Awarded to: Landlord
Reason: Replace doors and architrave

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal Water Rates

Order

The Tribunal continues the existing suppression order of the Landlord’s name and identifying details.
The Tribunal orders made on 9 September 2024 are amended and replaced with the following orders:
Christy May Hopkins-Rae and Connor Ivor Laing-Smith must pay [The Landlord] $12,836.03 immediately, calculated as shown in the table below.

Reasons

Only the landlord attended the hearing which was held by phone. Calls were place to the numbers provided for both tenants but the calls went to voicemail.
I am satisfied that the tenants had notice of the hearing today and so the hearing proceeded in the tenants’ absence.
On 9 September 2024 the Tribunal made the following orders:
On 10 July 2024, the landlord applied for a rehearing on the grounds that: a. The costs of repair/replacement for various items did not include GST; b. The issue of loss of rent while the property was repaired was not addressed; and c. There was no mention of the landlord’s claim for the tenants abandoning the premises.
Section 105(1) Residential Tenancies Act 1986 provides that the Tribunal has the power to order a rehearing where “a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur”.
Usually the party applying for the rehearing must show that something went wrong with the Tribunal’s procedure, for example, that they did not receive notice of the hearing or they were not able to properly present their case. A rehearing may also be granted where there is new evidence that was not reasonably available at the first hearing, if it could have affected the outcome.
The District Court has held that if the Tribunal was simply wrong in its findings of fact, or its application of the law, this is not sufficient to establish a miscarriage of justice: a rehearing is not an alternative to an appeal. Furthermore, a rehearing will not be granted just because a party is unhappy with the decision, or to give them a second opportunity to present their case.

Has a substantial wrong or miscarriage of justice occurred?

At the hearing it became apparent that the landlord was not in fact seeking a re- hearing (for the matter to be heard de-novo before another adjudicator) but was seeking to: a. amend the amounts ordered that did not include GST; and b. seek determination on two issues that she says were not addressed during the hearing as follows: i. loss of rent while the property was being repaired; and ii. exemplary damages sought for abandonment.

GST

The landlord provided a quote for most of the work done which set out itemised repairs but those amounts excluded GST.
Of the amounts ordered there were two items where awards were made for the full amount paid by the landlord, these were the items “Repair fibre connection” and “Electrical check”. The amount ordered for compensation for these amounts did not include GST and so I have adjusted these amounts.
For all other items (with the exception of “fixing gutter” for which there was a separate invoice that included GST) I made an objective assessment of reasonable compensation based partly on the invoice but also on the age of the items, the repairs required, betterment and depreciation. I do not consider that any adjustment of these amounts is required to take into account GST. Loss of rent while property being repaired
I accept that the landlord did seek compensation for loss of rent while the property was repaired/renovated (see paragraph 9(e) of the Tribunal decision) but that no determination was made on this issue at the hearing.
I was advised that there was period of 4 – 5 weeks while the repairs and renovations were completed.
Having reviewed the evidence I consider that the landlord is entitled to compensation of two weeks rent for the period while repairs were made, being $1500.00. The Tribunal order made on 9 September 2024 is amended accordingly and this amount has been added to the amended order above.
I have not ordered compensation for the entire time because I consider that the property was renovated as well as repaired, and because it is usual for there to be sometime between tenancies while the landlord does additional cleaning and attends to maintenance issues. Exemplary damages for abandonment
I have reviewed the original Tribunal order and note that the Tribunal did in fact deal with the landlord’s claim for exemplary damages for abandonment at paragraphs 59 – 63. The landlord’s claim for exemplary damages was dismissed.

Tenancy Tribunal case 4844720 — Property damage at 31 Universal Drive, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 4844720 — Property damage at 31 Universal Drive, Henderson, Auckland 0610

At a glance

Award balance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

GST

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

GST

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions