What was Tenancy Tribunal case 4868680 about?

The tribunal order states: Jessie Deane Branch must pay [The landlord/s] $15,033.58 immediately,

How much money was awarded in case 4868680?

Cleaning: $590.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Kitchen Vinyl: $767.62 awarded to landlord; Lawns and Garden Work: $900.00 awarded to landlord; Previous Order Application 4778485 D…: $3,410.25 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $839.50 awarded to landlord; Property Damage: $415.70 awarded to landlord; Rent Arrears: $3,528.57 awarded to landlord; Labour And Materials: $3,380.00 awarded to landlord; Replace Carpet In Sunroom, Dining, H…: $2,311.50 awarded to landlord; Replace Furnishings: Curtains: $70.00 awarded to landlord; Rubbish Removal: $1,200.00 awarded to landlord

What type of tenancy dispute was case 4868680?

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

Where can I read the official tribunal order for case 4868680?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11003450-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4868680 about?

The tribunal order states: Jessie Deane Branch must pay [The landlord/s] $15,033.58 immediately,

How much money was awarded in case 4868680?

Cleaning: $590.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Kitchen Vinyl: $767.62 awarded to landlord; Lawns and Garden Work: $900.00 awarded to landlord; Previous Order Application 4778485 D…: $3,410.25 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $839.50 awarded to landlord; Property Damage: $415.70 awarded to landlord; Rent Arrears: $3,528.57 awarded to landlord; Labour And Materials: $3,380.00 awarded to landlord; Replace Carpet In Sunroom, Dining, H…: $2,311.50 awarded to landlord; Replace Furnishings: Curtains: $70.00 awarded to landlord; Rubbish Removal: $1,200.00 awarded to landlord

What type of tenancy dispute was case 4868680?

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

Where can I read the official tribunal order for case 4868680?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11003450-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4868680 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4868680 — net $15,033.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 1/04/2024 – 8/05/2024	$3,528.57	Rent arrears 1/04/2024 – 8/05/2024
Previous order application 4778485 dated 28/03/2024	$3,410.25	Previous order application 4778485 dated 28/03/2024
Replace carpet in sunroom, dining, hall	$2,311.50	Replace carpet in sunroom, dining, hall
Replace vinyl in entry, bathroom, laundry	$767.62	Replace vinyl in entry, bathroom, laundry
Lock/key replacement	$200.00	Lock/key replacement
Electrical fittings repair and heatpump remote	$839.50	Electrical fittings repair and heatpump remote
Window repairs	$415.70	Window repairs
Lawns and Garden work	$900.00	Lawns and Garden work
Repairs: labour and materials	$3,380.00	Repairs: labour and materials
Rubbish removal	$1,200.00	Rubbish removal
Cleaning	$590.00	Cleaning
Replace furnishings: curtains	$70.00	Replace furnishings: curtains
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,033.58
Total payable by Tenant to Landlord	$15,033.58

The landlord’s agent attended the hearing by video conference on 23 October 2024 and a first hearing on 8 August 2024. The tenant did not attend either hearing and could not be contacted on his mobile number. I continued in his absence as he has been served by email.

The landlord has applied for rent arrears and compensation for damage and other costs following the end of the tenancy.

The tenancy was terminated by previous order 4778485 and an order made for the payment of rent arrears up to 31 March 2024 and the filing fee on that application which totalled $3,410.25.

The landlord regained possession on 8 May 2024. I award additional rent owing from 1 April up to 8 May 2024 which is $3,528.57.

The previous order is incorporated into this order for enforcement purposes.

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 landlord said that he was not sure if the tenant was living at the house by the end of the tenancy. There were several other occupants who had to be evicted.

A tenant is responsible for the actions of any person at the premises with their permission; s41 RTA.

The premises were not reasonably clean and tidy at the end of the tenancy and rubbish and unwanted items were left behind. The carpet was stained in several places and needed treatment.

Personal belongings, furniture, building materials and rubbish bags were left in the house, under the house and in the garage. Carpet had been removed from some rooms and left outside so had to be disposed of.

Curtains were missing from the sunroom and one venetian blind from a bedroom. One heat-pump remote was also missing.

The keys were not returned, and a keypad had been installed without the landlord’s consent. All locks had to be replaced. The landlord did not supply a receipt for actual costs. I award $200.00 as an estimate of the costs because I accept that the work was done given that an eviction was needed.

A window and two panes in the French door were broken and needed repair.

There is a large garden at the property with mature trees, a vegetable garden and flower beds. The landlord provided before and after photos which satisfy me that garden work was needed to remove large and invasive weeds and reinstate the garden beds which were overgrown. The contractor’s invoice proves a cost to the landlord of $900.00 which is awarded.

The landlord has supplied invoices for cleaning, rubbish removal, garden work, window repairs and receipts for replacement of the missing items. The amounts are awarded.

Is the tenant responsible for the damage to the premises?

The landlord supplied photos from the start and end of the tenancy which prove that the premises were damaged during the tenancy and that the damage is more than fair wear and tear.

The tenant or others living in the property had undertaken unauthorised alterations which caused damage. This is intentional. The specific damage is:- a. A large kitchen cupboard unit was removed leaving a large, rectangular hole in the ceiling; b. The carpet was removed from the living area, sunroom and hallway; c. Vinyl flooring was removed from the laundry, bathroom and toilet and partially replaced with vinyl planking. This was done poorly and left incomplete; d. Wallpaper was partially removed in one room and different wallpaper had been attached to the back of two doors in another room; e. A piece of vinyl planking was stuck down over a windowsill.

The following careless damage is proven:- a. Two holes in walls (about 8-15 cm); b. 5 broken or altered light switches and 1 broken light batten; c. Dents in the garage door.

Tenants are liable for the cost of repairing careless and intentional damage. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

The landlord supplied an invoice for replacement of the carpet and vinyl that had been removed. The original carpet was old but still in useable condition and the original vinyl still in reasonable condition. The landlord has had to replace these sooner than he expected but has ended up with newer, replacement flooring. It is usual for compensation to be adjusted to recognise this. I award 60% of the replacement cost of the carpet and 75% of the cost of the vinyl.

An invoice for repairs to the electrical fittings was supplied and is awarded.

The landlord’s property maintenance company did some of the repair work including fixing the two holes in the walls and the ceiling damage where the kitchen cabinet was removed, plastering and painting these areas and the wallpaper damaged rooms, improving the dents in the garage door, reinstalling curtains and fixing broken curtain rails and managing the other contractors (flooring, electrical, cleaning and gardening). The claimed amount is $6,152.50 for repair labour and $862.50 for project management. An invoice was supplied.

A landlord is entitled to use its own company to do work that is usually the business of that company, but the claim must still be reasonable and justified. The invoice does not specify the cost of materials but hardware till receipts adding up to about $660.00 were supplied. My assessment is that a total award of $3,380.00 is reasonable for materials and labour (including project management). This equates to 32 hours at $85.00 per hour (inc GST) plus the $660.00 for materials.

I note that one of the hardware invoices is for supply of marine carpet, underlay and carpet edges. I am not sure what this is for so have not awarded it. An invoice and amount have already been awarded for carpet replacement.

I also note that the landlord’s company invoice includes the other subcontractor invoices but has added GST to those when it should not have. GST is already charged in the contractor invoices.

I award the filing fee.

The tenancy agreement records a bond of $2,600.00 was paid by the tenant and the landlord said it has received this. I take account of this in the amount ordered.

The Bond Centre has no record of a bond at this address. The landlord should know that all bonds must be lodged within 23 working days of being received and to fail to do so is an unlawful act for which it can be fined by the Tribunal.

The landlord has substantially succeeded with the claim, so the name is suppressed.

Claims and awards in Tenancy Tribunal application 4868680 — net $15,033.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 1/04/2024 – 8/05/2024	$3,528.57	Rent arrears 1/04/2024 – 8/05/2024
Previous order application 4778485 dated 28/03/2024	$3,410.25	Previous order application 4778485 dated 28/03/2024
Replace carpet in sunroom, dining, hall	$2,311.50	Replace carpet in sunroom, dining, hall
Replace vinyl in entry, bathroom, laundry	$767.62	Replace vinyl in entry, bathroom, laundry
Lock/key replacement	$200.00	Lock/key replacement
Electrical fittings repair and heatpump remote	$839.50	Electrical fittings repair and heatpump remote
Window repairs	$415.70	Window repairs
Lawns and Garden work	$900.00	Lawns and Garden work
Repairs: labour and materials	$3,380.00	Repairs: labour and materials
Rubbish removal	$1,200.00	Rubbish removal
Cleaning	$590.00	Cleaning
Replace furnishings: curtains	$70.00	Replace furnishings: curtains
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,033.58
Total payable by Tenant to Landlord	$15,033.58

Order

Jessie Deane Branch must pay [The landlord/s] $15,033.58 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 28 March 2024 under application 4778485.

Reasons

The landlord’s agent attended the hearing by video conference on 23 October 2024 and a first hearing on 8 August 2024. The tenant did not attend either hearing and could not be contacted on his mobile number. I continued in his absence as he has been served by email.
The landlord has applied for rent arrears and compensation for damage and other costs following the end of the tenancy.
The tenancy was terminated by previous order 4778485 and an order made for the payment of rent arrears up to 31 March 2024 and the filing fee on that application which totalled $3,410.25.
The landlord regained possession on 8 May 2024. I award additional rent owing from 1 April up to 8 May 2024 which is $3,528.57.
The previous order is incorporated into this order for enforcement purposes.

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 landlord said that he was not sure if the tenant was living at the house by the end of the tenancy. There were several other occupants who had to be evicted.
A tenant is responsible for the actions of any person at the premises with their permission; s41 RTA.
The premises were not reasonably clean and tidy at the end of the tenancy and rubbish and unwanted items were left behind. The carpet was stained in several places and needed treatment.
Personal belongings, furniture, building materials and rubbish bags were left in the house, under the house and in the garage. Carpet had been removed from some rooms and left outside so had to be disposed of.
Curtains were missing from the sunroom and one venetian blind from a bedroom. One heat-pump remote was also missing.
The keys were not returned, and a keypad had been installed without the landlord’s consent. All locks had to be replaced. The landlord did not supply a receipt for actual costs. I award $200.00 as an estimate of the costs because I accept that the work was done given that an eviction was needed.
A window and two panes in the French door were broken and needed repair.
There is a large garden at the property with mature trees, a vegetable garden and flower beds. The landlord provided before and after photos which satisfy me that garden work was needed to remove large and invasive weeds and reinstate the garden beds which were overgrown. The contractor’s invoice proves a cost to the landlord of $900.00 which is awarded.
The landlord has supplied invoices for cleaning, rubbish removal, garden work, window repairs and receipts for replacement of the missing items. The amounts are awarded.

Is the tenant responsible for the damage to the premises?

The landlord supplied photos from the start and end of the tenancy which prove that the premises were damaged during the tenancy and that the damage is more than fair wear and tear.
The tenant or others living in the property had undertaken unauthorised alterations which caused damage. This is intentional. The specific damage is:- a. A large kitchen cupboard unit was removed leaving a large, rectangular hole in the ceiling; b. The carpet was removed from the living area, sunroom and hallway; c. Vinyl flooring was removed from the laundry, bathroom and toilet and partially replaced with vinyl planking. This was done poorly and left incomplete; d. Wallpaper was partially removed in one room and different wallpaper had been attached to the back of two doors in another room; e. A piece of vinyl planking was stuck down over a windowsill.
The following careless damage is proven:- a. Two holes in walls (about 8-15 cm); b. 5 broken or altered light switches and 1 broken light batten; c. Dents in the garage door.
Tenants are liable for the cost of repairing careless and intentional damage. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
The landlord supplied an invoice for replacement of the carpet and vinyl that had been removed. The original carpet was old but still in useable condition and the original vinyl still in reasonable condition. The landlord has had to replace these sooner than he expected but has ended up with newer, replacement flooring. It is usual for compensation to be adjusted to recognise this. I award 60% of the replacement cost of the carpet and 75% of the cost of the vinyl.
An invoice for repairs to the electrical fittings was supplied and is awarded.
The landlord’s property maintenance company did some of the repair work including fixing the two holes in the walls and the ceiling damage where the kitchen cabinet was removed, plastering and painting these areas and the wallpaper damaged rooms, improving the dents in the garage door, reinstalling curtains and fixing broken curtain rails and managing the other contractors (flooring, electrical, cleaning and gardening). The claimed amount is $6,152.50 for repair labour and $862.50 for project management. An invoice was supplied.
A landlord is entitled to use its own company to do work that is usually the business of that company, but the claim must still be reasonable and justified. The invoice does not specify the cost of materials but hardware till receipts adding up to about $660.00 were supplied. My assessment is that a total award of $3,380.00 is reasonable for materials and labour (including project management). This equates to 32 hours at $85.00 per hour (inc GST) plus the $660.00 for materials.
I note that one of the hardware invoices is for supply of marine carpet, underlay and carpet edges. I am not sure what this is for so have not awarded it. An invoice and amount have already been awarded for carpet replacement.
I also note that the landlord’s company invoice includes the other subcontractor invoices but has added GST to those when it should not have. GST is already charged in the contractor invoices.
I award the filing fee.
The tenancy agreement records a bond of $2,600.00 was paid by the tenant and the landlord said it has received this. I take account of this in the amount ordered.
The Bond Centre has no record of a bond at this address. The landlord should know that all bonds must be lodged within 23 working days of being received and to fail to do so is an unlawful act for which it can be fined by the Tribunal.
The landlord has substantially succeeded with the claim, so the name is suppressed.

Tenancy Tribunal case 4868680 — Property damage

At a glance

Tenancy Tribunal case 4868680 — 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