What was Tenancy Tribunal case 4869581 about?

The tribunal order states: The landlord orders suppression of the landlord’s name and identifying details.

How much money was awarded in case 4869581?

Filing Fee: $20.44 awarded to landlord; Rubbish Removal: $2,875.00 awarded to landlord

What type of tenancy dispute was case 4869581?

The dispute type was not classified.

Where can I read the official tribunal order for case 4869581?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10486480-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4869581 about?

The tribunal order states: The landlord orders suppression of the landlord’s name and identifying details.

How much money was awarded in case 4869581?

Filing Fee: $20.44 awarded to landlord; Rubbish Removal: $2,875.00 awarded to landlord

What type of tenancy dispute was case 4869581?

The dispute type was not classified.

Where can I read the official tribunal order for case 4869581?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10486480-Tribunal_Order_Redacted.pdf.

50 Barker Road, Marewa, Napier 4110 Tenancy Tribunal Case 4869581 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4869581 — net $815.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs, cleaning, rubbish removal	$2,875.00	Repairs, cleaning, rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$815.44
Total payable by Tenant to Landlord	$815.44

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

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

Photographs from the exit inspection show that the premises were not left reasonably clean and tidy. Significant quantities of rubbish were left and the grounds needed to be tidied. The carpets needed to be cleaned.

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. See sections 40(2)(a), 41 and 49B RTA.

The exit inspection photographs show that there were holes in some walls that needed to be patched and painted, door handles appear to have been removed or broken, a heated towel rail had been broken and there were damaged electrical switch plates.

A comparison of the exit inspection photographs with the entry inspection photographs and narrative, satisfy me that the damage was caused during the tenancy and is more than fair wear and tear.

What compensation should be awarded?

The property owner arranged for the cleaning and repair work to be undertaken by a single contractor.

The contract has provided an invoice for 1 x $2.875.00 (including GST) with a narrative: “To clean carpet, repairs holes in walls x 3, tidy lawn and gardens compost area and replace handles in kitchen and two doors (internal) electrician to blank cap heated towel rail, replace switch plates cracked, replace helo bulb kitchen. Property is to be presentable for photos inside and out before Friday 12th April 2024. Will use paint supplies if good colour match”

That is very unhelpful. The invoice gives no record of the hours charged to do the work, the hourly rate applied, the amount incurred for materials or for out of pocket costs such as dump fees or subcontractor charges.

It is therefore difficult for the Tribunal to assess the reasonableness of the claims as against the extent of the work required, as shown in the photographic evidence.

In this case, I accept that the invoice for $2,875.00 represents an actual loss incurred by the landlord.

It is proved that the tenant breached her obligation to leave the premises in a reasonably clean and tidy condition and has caused damage.

Viewed overall, the invoice amount does not seem unreasonable for the extent of the work done. As that is a loss incurred by the landlord for the tenant’s breaches I am persuaded on balance that it would be unfair to the landlord not to award that amount as compensation, notwithstanding the unsatisfactory way in which the evidence of loss has been presented.

As the landlord has been successful with the claim, I reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4869581 — net $815.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs, cleaning, rubbish removal	$2,875.00	Repairs, cleaning, rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$815.44
Total payable by Tenant to Landlord	$815.44

Order

The landlord orders suppression of the landlord’s name and identifying details.
Jaica Booth must pay [The landlord/s] $815.44 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,080.00 (5506838-008) to the landlord immediately.

Reasons

The landlord attended the hearing. The tenant did not attend.
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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
Photographs from the exit inspection show that the premises were not left reasonably clean and tidy. Significant quantities of rubbish were left and the grounds needed to be tidied. The carpets needed to be cleaned.

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. See sections 40(2)(a), 41 and 49B RTA.
The exit inspection photographs show that there were holes in some walls that needed to be patched and painted, door handles appear to have been removed or broken, a heated towel rail had been broken and there were damaged electrical switch plates.
A comparison of the exit inspection photographs with the entry inspection photographs and narrative, satisfy me that the damage was caused during the tenancy and is more than fair wear and tear.

What compensation should be awarded?

The property owner arranged for the cleaning and repair work to be undertaken by a single contractor.
The contract has provided an invoice for 1 x $2.875.00 (including GST) with a narrative: “To clean carpet, repairs holes in walls x 3, tidy lawn and gardens compost area and replace handles in kitchen and two doors (internal) electrician to blank cap heated towel rail, replace switch plates cracked, replace helo bulb kitchen. Property is to be presentable for photos inside and out before Friday 12th April 2024. Will use paint supplies if good colour match”
That is very unhelpful. The invoice gives no record of the hours charged to do the work, the hourly rate applied, the amount incurred for materials or for out of pocket costs such as dump fees or subcontractor charges.
It is therefore difficult for the Tribunal to assess the reasonableness of the claims as against the extent of the work required, as shown in the photographic evidence.
In this case, I accept that the invoice for $2,875.00 represents an actual loss incurred by the landlord.
It is proved that the tenant breached her obligation to leave the premises in a reasonably clean and tidy condition and has caused damage.
Viewed overall, the invoice amount does not seem unreasonable for the extent of the work done. As that is a loss incurred by the landlord for the tenant’s breaches I am persuaded on balance that it would be unfair to the landlord not to award that amount as compensation, notwithstanding the unsatisfactory way in which the evidence of loss has been presented.
As the landlord has been successful with the claim, I reimburse the filing fee.

Tenancy Tribunal case 4869581 — Tenancy dispute at 50 Barker Road, Marewa, Napier 4110

At a glance

Tenancy Tribunal case 4869581 — Tenancy dispute at 50 Barker Road, Marewa, Napier 4110

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?

What compensation should be awarded?

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?

What compensation should be awarded?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions