What was Tenancy Tribunal case 4854920 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 4854920?

Cleaning: $1,255.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $120.00 awarded to landlord; Loss Of Rent: $4,000.00 awarded to landlord; Property Damage: $3,698.00 awarded to landlord; Rent Arrears: $1,096.02 awarded to landlord; Replace 6 Doors: $2,673.75 awarded to landlord; Property Damage: $80.00 awarded to landlord; Rubbish Removal: $197.20 awarded to landlord; Rubbish Removal: $1,161.29 awarded to landlord; Rubbish Removal: $1,379.00 awarded to landlord; Smoke Alarms: $2,000.00 awarded to landlord; Water Rates: $3,938.94 awarded to landlord

What type of tenancy dispute was case 4854920?

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

Where can I read the official tribunal order for case 4854920?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10603510-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4854920 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 4854920?

Cleaning: $1,255.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $120.00 awarded to landlord; Loss Of Rent: $4,000.00 awarded to landlord; Property Damage: $3,698.00 awarded to landlord; Rent Arrears: $1,096.02 awarded to landlord; Replace 6 Doors: $2,673.75 awarded to landlord; Property Damage: $80.00 awarded to landlord; Rubbish Removal: $197.20 awarded to landlord; Rubbish Removal: $1,161.29 awarded to landlord; Rubbish Removal: $1,379.00 awarded to landlord; Smoke Alarms: $2,000.00 awarded to landlord; Water Rates: $3,938.94 awarded to landlord

What type of tenancy dispute was case 4854920?

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

Where can I read the official tribunal order for case 4854920?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10603510-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4854920 — Property damage

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 4854920 — net $21,619.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 February 2024	$1,096.02	3. The landlord’s application seeks rent arrears, water rates arrears, cleaning, rubbish removal, repairs, loss of rent, and exemplary damages for removal of s…
Water rates	$3,938.94	Water rates
Cleaning	$1,255.00	Cleaning
Rubbish removal: 2018 & 2019	$1,161.29	Rubbish removal: 2018 & 2019
Rubbish removal: End of tenancy	$1,379.00	Rubbish removal: End of tenancy
Repairs to walls and painting	$3,698.00	Repairs to walls and painting
Repairs: Replace damaged curtain rail	$80.00	Repairs: Replace damaged curtain rail
Repairs: Replace 6 doors	$2,673.75	Repairs: Replace 6 doors
Rubbish removal: (repair work	$197.20	Rubbish removal: (repair work
Lawns and Garden work	$120.00	Lawns and Garden work
Loss of rent	$4,000.00	Loss of rent
Exemplary damages - removal of smoke alarms	$2,000.00	Exemplary damages - removal of smoke alarms
Filing fee reimbursement	$20.44	41. I will award exemplary damages of $2,000.00.
Net award	$21,619.64
Total payable by Tenant to Landlord	$21,619.64

Claims and awards in Tenancy Tribunal application 4854920 — net $21,619.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 13 February 2024

$1,096.02

3. The landlord’s application seeks rent arrears, water rates arrears, cleaning, rubbish removal, repairs, loss of rent, and exemplary damages for removal of s…

Water rates

$3,938.94

Water rates

Cleaning

$1,255.00

Cleaning

Rubbish removal: 2018 & 2019

$1,161.29

Rubbish removal: 2018 & 2019

Rubbish removal: End of tenancy

$1,379.00

Rubbish removal: End of tenancy

Repairs to walls and painting

$3,698.00

Repairs to walls and painting

Repairs: Replace damaged curtain rail

$80.00

Repairs: Replace damaged curtain rail

Repairs: Replace 6 doors

$2,673.75

Repairs: Replace 6 doors

Rubbish removal: (repair work

$197.20

Rubbish removal: (repair work

Lawns and Garden work

$120.00

Lawns and Garden work

Loss of rent

$4,000.00

Loss of rent

Exemplary damages - removal of smoke alarms

$2,000.00

Exemplary damages - removal of smoke alarms

Filing fee reimbursement

$20.44

41. I will award exemplary damages of $2,000.00.

Net award

$21,619.64

Total payable by Tenant to Landlord

$21,619.64

Reasons

Background

The tenancy began in July 2014 and was terminated on 13 February 2024 following breach of a mediated termination order.

The premises were in a badly damaged and extremely untidy condition at the end of the tenancy.

The landlord’s application seeks rent arrears, water rates arrears, cleaning, rubbish removal, repairs, loss of rent, and exemplary damages for removal of smoke alarms.

The hearing took place in [Event location suppressed] on 19 July 2024. [The landlord’s representative/s] 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 $2,136.02 at the end of the tenancy. The bond was released to the landlord and applied to rent arrears, reducing the balance to $1,096.02.

Water rates have not been paid since 2019. [The landlord’s representative/s] provided copies of the relevant [redacted] District Council water rates invoices.

The total amount outstanding to the end of the tenancy is $3,938.94. Cleaning, rubbish removal

In 2018 and 2019 the landlord arranged for the hire of a skip bin to assist the tenant with removal of rubbish from the premises. This was prompted in 2018 by the landlord attempting to have underfloor insulation installed. The work could not be done because the area underneath the house was packed with rubbish. [The landlord’s representative/s] provided emails from 2018 and 2019 showing that the tenant agreed to pay for the cost of the skip bins.

Those amounts are still outstanding.

[The landlord’s representative/s] provided a video showing the condition of the premises at the end of the tenancy.

The house was extremely unclean and untidy. There was rubbish and abandoned belongings throughout the house, in the section, and underneath the house. The abandoned items included large bulky items such as lounge furniture and mattresses.

The premises had not been cleaned in a very long time.

The amounts claimed for cleaning and rubbish removal are proven and are fair and reasonable having regard to the video evidence.

The section was very overgrown and untidy. The claim for lawnmowing and section tidy up is proven. Repairs

Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy. Tenants are liable for damage caused by themselves and by anyone who is at the premises with their consent 1 .

[The landlord’s representative/s] provided photographs showing the condition of these premises at the start of this tenancy in 2014.

At the end of the tenancy there was extensive intentional damage throughout the premises. There were holes in most of the walls, including large holes. Some of the wall damage had been repaired (poorly) by the tenant. Most of the doors were badly damaged.

The claim seeks the cost of repairing and painting the walls, and replacing six doors.

The extent of damage to walls was such that it was necessary to re-paint the interior after the repairs. Given the duration of the tenancy it is necessary to apply depreciation to the painting part of the work – [The landlord’s representative/s] confirmed that the premises had not been painted during the tenancy.

On the evidence available to me it is not possible to precisely separate the cost of repairs and painting, and therefore I must approximate.

I will award two-thirds of the total repair and painting cost claimed.

The cost of replacing the doors is proven.

The landlord installed underfloor insulation in 2018/19. The video shows that the insulation was pulled down and torn at the end of the tenancy. The damage appears to have been done by a dog. Dogs were not permitted under the terms of the tenancy agreement. The tenant is liable for the cost of replacing / reinstating the insulation.

The claim seeks the cost of replacing a damaged curtain rail and replacing seven curtains.

The claim for replacing the curtain rail is proven. The claim for replacing the curtains is dismissed on the grounds that the curtains were approximately ten 1 Section 49B Residential Tenancies Act 1986 (“RTA”) years old and would have been due for replacement due to normal wear and tear. Loss of rent

The tenancy ended on 13 February 2024.

The premises could not be put back on the market for re-tenanting until the repairs and tidy up were completed.

[The landlord’s representative/s] said that the premises were re-tenanted in early July.

Landlords may expect a period of time between tenancies for usual maintenance, and the amount of time between tenancies can also vary depending on market conditions.

However in this instance the premises could not be put on the market for several months because of the extent of damage and rubbish, for which the tenant is legally liable.

The claim for 8 weeks’ loss of rent is reasonable and conservative.

The tenant is liable for that cost. Smoke alarm

There was a smoke alarm in the house when the tenancy began in 2014. The tenant removed the alarm in 2018. The landlord replaced it. The tenant removed it again in 2021. The landlord replaced it.

The alarm was taken down again, and was sitting on a windowsill when the tenancy was terminated.

[The landlord’s representative/s] said that the tenant did not raise any issues about the alarm malfunctioning.

It is an unlawful act for a tenant to interfere with the means of escape from fire 2 . 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 2 Section 40(2)(ab) RTA 3 Section 109(3) RTA c. The interests of the person against whom the act was committed; and d. The public interest.

In this instance: a. The smoke alarm could only have been removed intentionally. b. That action put the lives of the occupants and also the landlord’s property at risk. 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 multiple times.

I will award exemplary damages of $2,000.00. Filing fee, name suppression

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 and awards in Tenancy Tribunal application 4854920 — net $21,619.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 February 2024	$1,096.02	3. The landlord’s application seeks rent arrears, water rates arrears, cleaning, rubbish removal, repairs, loss of rent, and exemplary damages for removal of s…
Water rates	$3,938.94	Water rates
Cleaning	$1,255.00	Cleaning
Rubbish removal: 2018 & 2019	$1,161.29	Rubbish removal: 2018 & 2019
Rubbish removal: End of tenancy	$1,379.00	Rubbish removal: End of tenancy
Repairs to walls and painting	$3,698.00	Repairs to walls and painting
Repairs: Replace damaged curtain rail	$80.00	Repairs: Replace damaged curtain rail
Repairs: Replace 6 doors	$2,673.75	Repairs: Replace 6 doors
Rubbish removal: (repair work	$197.20	Rubbish removal: (repair work
Lawns and Garden work	$120.00	Lawns and Garden work
Loss of rent	$4,000.00	Loss of rent
Exemplary damages - removal of smoke alarms	$2,000.00	Exemplary damages - removal of smoke alarms
Filing fee reimbursement	$20.44	41. I will award exemplary damages of $2,000.00.
Net award	$21,619.64
Total payable by Tenant to Landlord	$21,619.64