What was Tenancy Tribunal case 4867460 about?

The tribunal order states: Anthony Robert Tuhou and Koroni Octavius Tuhou must pay [The landlord/s]

How much money was awarded in case 4867460?

Filing Fee: $20.44 awarded to landlord; Rubbish Removal: $2,500.00 awarded to landlord; Walls and Doors: $4,550.78 awarded to landlord

What type of tenancy dispute was case 4867460?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4867460?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10575442-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4867460 about?

The tribunal order states: Anthony Robert Tuhou and Koroni Octavius Tuhou must pay [The landlord/s]

How much money was awarded in case 4867460?

Filing Fee: $20.44 awarded to landlord; Rubbish Removal: $2,500.00 awarded to landlord; Walls and Doors: $4,550.78 awarded to landlord

What type of tenancy dispute was case 4867460?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4867460?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10575442-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4867460 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4867460 — net $4,671.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal and cleaning	$2,500.00	Rubbish removal and cleaning
Repairs to walls and doors	$4,550.78	Repairs to walls and doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,671.22
Total payable by Tenant to Landlord	$4,671.22

The landlord attended the hearing on 10 July 2024. The hearing was adjourned so that the landlord could re-submit their evidence with the correct photographs, which they did on 12 July 2024.

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

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.

The premises were not in a pristine condition at the start of the tenancy. The inspection report dated 9 May 2022 described the property’s condition as “average” and shows some rubbish in the garden. Some of the kitchen cupboards do not look very clean. The property could be described as well-used and in need of renovation. According to publicly available information, the property was built in 1986.

The exit inspection report does, however, show the property in a noticeably worse condition by the end of the tenancy on 17 April 2024. There was a need for cleaning, especially in the kitchen, and personal belongings left behind as well as hard rubbish outside and in a skip bin. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The only invoice is for both cleaning and rubbish removal and does not itemise these different claims. The invoice refers to a full-day house cleaning and rubbish removal involving 6 labourers. The description of the cleaning services provided refers to a “full kitchen cleaning” including cupboards, cleaning skirting and windowsills, mopping and vacuuming floors, and cleaning the heat pump. I am satisfied that the cleaning and rubbish removal costs claimed are reasonable when viewed with the photographs.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or 4 weeks' rent. The insurance excess was $550.00, and the weekly rent was $620.00.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent (or market rent).

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for.

There was damage to doors in the hallway, bedrooms 1 and 2 and the bathroom during the tenancy. The doors had to be removed and disposed of and new doors installed. There were also holes in the walls to bedrooms 1 and 2, the bathroom, kitchen, and laundry. The invoice notes that some of them would “require support due to [the] size of [the] holes”. There was some damage to the walls in bedroom 2 at the start, but I am satisfied there was further significant damage during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee and name suppression

The landlord’s application has succeeded. The filing fee must be awarded.

The landlord is granted suppression as requested.

Claims and awards in Tenancy Tribunal application 4867460 — net $4,671.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal and cleaning	$2,500.00	Rubbish removal and cleaning
Repairs to walls and doors	$4,550.78	Repairs to walls and doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,671.22
Total payable by Tenant to Landlord	$4,671.22

Order

Anthony Robert Tuhou and Koroni Octavius Tuhou must pay [The landlord/s] $4,671.22 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing on 10 July 2024. The hearing was adjourned so that the landlord could re-submit their evidence with the correct photographs, which they did on 12 July 2024.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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.
The premises were not in a pristine condition at the start of the tenancy. The inspection report dated 9 May 2022 described the property’s condition as “average” and shows some rubbish in the garden. Some of the kitchen cupboards do not look very clean. The property could be described as well-used and in need of renovation. According to publicly available information, the property was built in 1986.
The exit inspection report does, however, show the property in a noticeably worse condition by the end of the tenancy on 17 April 2024. There was a need for cleaning, especially in the kitchen, and personal belongings left behind as well as hard rubbish outside and in a skip bin. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The only invoice is for both cleaning and rubbish removal and does not itemise these different claims. The invoice refers to a full-day house cleaning and rubbish removal involving 6 labourers. The description of the cleaning services provided refers to a “full kitchen cleaning” including cupboards, cleaning skirting and windowsills, mopping and vacuuming floors, and cleaning the heat pump. I am satisfied that the cleaning and rubbish removal costs claimed are reasonable when viewed with the photographs.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or 4 weeks' rent. The insurance excess was $550.00, and the weekly rent was $620.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent (or market rent).
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for.
There was damage to doors in the hallway, bedrooms 1 and 2 and the bathroom during the tenancy. The doors had to be removed and disposed of and new doors installed. There were also holes in the walls to bedrooms 1 and 2, the bathroom, kitchen, and laundry. The invoice notes that some of them would “require support due to [the] size of [the] holes”. There was some damage to the walls in bedroom 2 at the start, but I am satisfied there was further significant damage during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee and name suppression
The landlord’s application has succeeded. The filing fee must be awarded.
The landlord is granted suppression as requested.

Tenancy Tribunal case 4867460 — Property damage

At a glance

Tenancy Tribunal case 4867460 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions