What was Tenancy Tribunal case 4855904 about?

The tribunal order states: Hinemoa Pauline Taylor Simon must pay [The landlord/s] $3,363.42

How much money was awarded in case 4855904?

Cleaning: $1,495.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $322.00 awarded to landlord; Property Damage: $358.24 awarded to landlord; Rent Arrears: $2,787.14 awarded to landlord; Water Rates: $460.60 awarded to landlord

What type of tenancy dispute was case 4855904?

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

Where can I read the official tribunal order for case 4855904?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10696607-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4855904 about?

The tribunal order states: Hinemoa Pauline Taylor Simon must pay [The landlord/s] $3,363.42

How much money was awarded in case 4855904?

Cleaning: $1,495.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $322.00 awarded to landlord; Property Damage: $358.24 awarded to landlord; Rent Arrears: $2,787.14 awarded to landlord; Water Rates: $460.60 awarded to landlord

What type of tenancy dispute was case 4855904?

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

Where can I read the official tribunal order for case 4855904?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10696607-Tribunal_Order_Redacted.pdf.

28 Larissa Avenue, Henderson, Auckland 0610 Tenancy Tribunal Case 4855904 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4855904 — net $3,363.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 February 2024	$2,787.14	Rent arrears to 21 February 2024
Water rates	$460.60	Water rates
Window repairs	$358.24	Window repairs
Cleaning	$1,495.00	Cleaning
Pest control	$322.00	Pest control
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,363.42
Total payable by Tenant to Landlord	$3,363.42

The landlord attended the hearing. The tenant did not attend the hearing.

The landlord has applied for rent arrears, compensation, refund 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 21 February 2024. On 24 January 2024 the tenant gave written notice for the tenancy to end. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The water rates invoice was reduced by the rebate amount received from Watercare.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

Much of the cleaning involved dirty walls, windowsills and carpet.

The landlord carried out a complete clean by a professional cleaning company. Unfortunately, the landlord did not produce photographs of the premises after the cleaning and instead sought costs for painting much of the interior.

It is not possible to determine whether any painting was required after the cleaning was carried out. Also, the landlord did not produce any pre tenancy photographs, so it is not possible to determine what, if any, damage occurred during the tenancy. I do note that much of the damage referred to was small holes, scuff marks and chips which could be regarded as fair wear and tear.

The landlord referred to the property inspection report attached to the tenancy agreement which was completed by the landlord and the tenant. It was noted that there were issues with the oven, the kitchen door, the carpet and the net curtain.

While the written property inspection report can assist it does not provide a complete picture of the state of the premises at the beginning of the tenancy. To find the tenant responsible for damage to the premises I need to be satisfied that it occurred during the tenancy.

On the evidence I am not satisfied that the tenant is responsible for damage that required the premises to be plastered and painted.

The kitchen cupboard and drawer required repairing but there was no evidence of the state of these at the beginning of the tenancy. I note that the kitchen is very old and in a generally worn state.

The landlord claimed in relation to replacement of the carpet. There was no evidence of how old the carpet was. At the hearing I was told that the carpet predated the tenancy which was five years long. There was a note in the property inspection report noting a few dark spots in the carpet in the lounge/dining area. The landlord referred to stains on the carpet in the bedrooms. It was noted that the tenant was not responsible for any holes or tears in the carpet.

The photographs from the post tenancy report that was produced shows that the carpet was in very bad condition. There is a large strip of carpet missing from one doorway to the exterior and several joins that have come apart. I am not satisfied that the tenant is liable for replacement of the carpet.

The landlord claimed for damage to the front door which apparently was caused by the tenant’s dog. The landlord failed to produce an invoice for the repairs.

The claims for carpet replacement, plastering and painting, kitchen cupboard repairs and front door repairs are not allowed for the reasons set out above.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the landlord’s name is suppressed as sought.

Claims and awards in Tenancy Tribunal application 4855904 — net $3,363.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 February 2024	$2,787.14	Rent arrears to 21 February 2024
Water rates	$460.60	Water rates
Window repairs	$358.24	Window repairs
Cleaning	$1,495.00	Cleaning
Pest control	$322.00	Pest control
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,363.42
Total payable by Tenant to Landlord	$3,363.42

Order

Hinemoa Pauline Taylor Simon must pay [The landlord/s] $3,363.42 immediately, calculated as shown in table below.
All remaining claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, refund 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 21 February 2024. On 24 January 2024 the tenant gave written notice for the tenancy to end. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The water rates invoice was reduced by the rebate amount received from Watercare.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
Much of the cleaning involved dirty walls, windowsills and carpet.
The landlord carried out a complete clean by a professional cleaning company. Unfortunately, the landlord did not produce photographs of the premises after the cleaning and instead sought costs for painting much of the interior.
It is not possible to determine whether any painting was required after the cleaning was carried out. Also, the landlord did not produce any pre tenancy photographs, so it is not possible to determine what, if any, damage occurred during the tenancy. I do note that much of the damage referred to was small holes, scuff marks and chips which could be regarded as fair wear and tear.
The landlord referred to the property inspection report attached to the tenancy agreement which was completed by the landlord and the tenant. It was noted that there were issues with the oven, the kitchen door, the carpet and the net curtain.
While the written property inspection report can assist it does not provide a complete picture of the state of the premises at the beginning of the tenancy. To find the tenant responsible for damage to the premises I need to be satisfied that it occurred during the tenancy.
On the evidence I am not satisfied that the tenant is responsible for damage that required the premises to be plastered and painted.
The kitchen cupboard and drawer required repairing but there was no evidence of the state of these at the beginning of the tenancy. I note that the kitchen is very old and in a generally worn state.
The landlord claimed in relation to replacement of the carpet. There was no evidence of how old the carpet was. At the hearing I was told that the carpet predated the tenancy which was five years long. There was a note in the property inspection report noting a few dark spots in the carpet in the lounge/dining area. The landlord referred to stains on the carpet in the bedrooms. It was noted that the tenant was not responsible for any holes or tears in the carpet.
The photographs from the post tenancy report that was produced shows that the carpet was in very bad condition. There is a large strip of carpet missing from one doorway to the exterior and several joins that have come apart. I am not satisfied that the tenant is liable for replacement of the carpet.
The landlord claimed for damage to the front door which apparently was caused by the tenant’s dog. The landlord failed to produce an invoice for the repairs.
The claims for carpet replacement, plastering and painting, kitchen cupboard repairs and front door repairs are not allowed for the reasons set out above.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the landlord’s name is suppressed as sought.

Tenancy Tribunal case 4855904 — Rent arrears at 28 Larissa Avenue, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 4855904 — Rent arrears at 28 Larissa Avenue, Henderson, Auckland 0610

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?

Topics & place

Residential Tenancies Act sections

Key findings

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions