How much money was awarded in case 4872860?

Cleaning: $1,500.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting: $9,775.00 awarded to landlord; Property Damage: $748.34 awarded to landlord; Rent Arrears: $7,150.00 awarded to landlord; As Detailed Below: $5,330.25 awarded to landlord; Rubbish Removal: $1,000.00 awarded to landlord; Property Damage: $612.94 awarded to landlord

What type of tenancy dispute was case 4872860?

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

Where can I read the official tribunal order for case 4872860?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10478168-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4872860?

Cleaning: $1,500.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting: $9,775.00 awarded to landlord; Property Damage: $748.34 awarded to landlord; Rent Arrears: $7,150.00 awarded to landlord; As Detailed Below: $5,330.25 awarded to landlord; Rubbish Removal: $1,000.00 awarded to landlord; Property Damage: $612.94 awarded to landlord

What type of tenancy dispute was case 4872860?

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

Where can I read the official tribunal order for case 4872860?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10478168-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4872860 — Property damage

Reasons

Background

Claims and awards in Tenancy Tribunal application 4872860 — net $24,936.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 April 2024	$7,150.00	The claim for rent arrears to 1 April 2024 is proven. Cleaning, rubbish removal, lawns
Window repairs: and change of locks	$612.94	Window repairs: and change of locks
Rubbish removal	$1,000.00	Rubbish removal
Repairs: As detailed below	$5,330.25	Repairs: As detailed below
Painting	$9,775.00	Painting
Compensation: Damage to carpet	$1,000.00	Damage to carpet
Cleaning: and lawns	$1,500.00	Cleaning: and lawns
Replace damaged and missing curtains	$748.34	Replace damaged and missing curtains
Filing fee reimbursement	$20.44	28. I will award compensation of $1,500.00.
Net award	$24,936.97
Total payable by Tenant to Landlord	$24,936.97

The tenancy began in February 2022.

The last rent payment was made on 8 January 2024.

In early March 2024, the landlords discovered that the tenant had abandoned the tenancy. The premises were left in a badly damaged and extremely untidy state.

The landlords’ application seeks rent arrears, repairs, cleaning, and rubbish removal costs.

The hearing took place in [Event location suppressed] on 18 June 2024. [The landlord/s] attended by phone with the consent of the Tribunal. There was no appearance by the tenant. Rent arrears

If a tenant abandons the tenancy, they remain liable for rent to the date that is 28 days from the date of discovery of the abandonment 1 .

By 4 March 2024 the information available to [The landlord/s] was sufficient for them to reasonably conclude that the tenant had abandoned the premises. That information includes: a. The condition of the premises. b. The fact that most of the tenant’s belongings were gone, although a substantial amount of rubbish and abandoned belongings remained. c. Comments from a neighbour. d. The fact that they were not able to contact their tenant.

The claim for rent arrears to 1 April 2024 is proven. Cleaning, rubbish removal, lawns

[The landlord/s] provided photographs showing the condition of the premises when she re-took possession.

The premises were in a very bad state. In addition to the extensive damage (discussed below) the premises were extremely dirty and messy. The lawns were overgrown (knee-high). There was rubbish left throughout the house and section.

Far North Property Maintenance removed and disposed of the rubbish. 1 Section 61(3)(a)(i) Residential Tenancies Act 1986

[The landlord/s] carried out the cleaning and lawns tidy up themselves. They are based in Auckland, but they have not claimed for travel or accommodation, only their labour.

[The landlord/s] said that the work took approximately one full week, which is consistent with the extent of mess shown in the photographs.

The claims for cleaning, rubbish removal, and lawns tidy up are proven. Repairs

Tenants are liable for damage beyond fair wear and tear that occurs during the period of the tenancy.

The following damage is proven to have occurred during this tenancy: a. Multiple holes in the wall, including large holes. b. Writing / painting on walls and doors. c. Damaged and smashed doors. d. Marks, chips, dents, and stains on walls. e. Flooring in kitchen, dining room, and hallway damaged by a leak from tenant’s fridge. f. Window stays and latches damaged and missing. g. Curtains damaged and missing. h. Broken windows. i. Fence damaged by tyres. j. Carpet damaged and stained.

Far North Property Maintenance carried out the repairs to the walls, replacement of doors, repairs to the floor, and replacement of window latches and stays. They also waterblasted and applied a chemical treatment to the exterior of the house, where the grass had been allowed to grow so long against the side of the house that the exterior was stained.

I am satisfied that all of this damage is intentional damage, including the damage caused by the leaking fridge. Although the tenant did not intend for the fridge to leak, the leak would have been obvious, and the tenant did not take any steps to address it. The fact that the damage extended into the dining room and hallway shows that the fridge had been leaking for many months.

The cost of re-glazing the broken windows and changing the locks is proven. It was necessary for the landlord to change the locks in March because the property was not secure, and [The landlord/s] was not able to contact the tenant.

The fence was damage by the tenant carelessly stacking old tyres against it.

The property was renovated in February 2022 before this tenancy began, including new paint and carpet. Two years later, at the end of this tenancy, the entire interior had to be painted again.

The extent of damage to the walls necessitated repainting of the interior.

Because the paint was only two years old, and the landlord has suffered a substantial and unplanned capital cost, I will not apply depreciation to the proven cost of repainting the premises.

The landlords have also replaced the carpet. [The landlord/s] submitted that there was damage to some parts of the carpet, which appears to be rodent damage, and numerous stains throughout [The landlord/s] submitted that the carpet had a strong unpleasant smell.

The photographs provided in support of the carpet replacement claim are limited. One photograph shows a hole in the carpet near a doorway. There is a large stain in the hallway, and another in a bedroom underneath the window.

The claim seeks the cost of replacing the carpet ($5,500.00). The evidence provided does not support the claim for replacement of the carpet throughout the house.

The evidence does show damage to the carpet in parts of the house that is substantially beyond fair wear and tear.

I will award compensation of $1,500.00. Filing fee, bond, name suppression

The landlord has been successful in this application, and I must also award the landlord the filing fee of $20.44.

The bond will be released to the landlord.

The landlord sought name suppression. Name suppression is granted on the basis that the landlord has substantially succeeded in the proceedings 2 .

Claims and awards in Tenancy Tribunal application 4872860 — net $24,936.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 April 2024	$7,150.00	The claim for rent arrears to 1 April 2024 is proven. Cleaning, rubbish removal, lawns
Window repairs: and change of locks	$612.94	Window repairs: and change of locks
Rubbish removal	$1,000.00	Rubbish removal
Repairs: As detailed below	$5,330.25	Repairs: As detailed below
Painting	$9,775.00	Painting
Compensation: Damage to carpet	$1,000.00	Damage to carpet
Cleaning: and lawns	$1,500.00	Cleaning: and lawns
Replace damaged and missing curtains	$748.34	Replace damaged and missing curtains
Filing fee reimbursement	$20.44	28. I will award compensation of $1,500.00.
Net award	$24,936.97
Total payable by Tenant to Landlord	$24,936.97

Order

Reasons

Background

The tenancy began in February 2022.
The last rent payment was made on 8 January 2024.
In early March 2024, the landlords discovered that the tenant had abandoned the tenancy. The premises were left in a badly damaged and extremely untidy state.
The landlords’ application seeks rent arrears, repairs, cleaning, and rubbish removal costs.
The hearing took place in [Event location suppressed] on 18 June 2024. [The landlord/s] attended by phone with the consent of the Tribunal. There was no appearance by the tenant. Rent arrears
If a tenant abandons the tenancy, they remain liable for rent to the date that is 28 days from the date of discovery of the abandonment 1 .
By 4 March 2024 the information available to [The landlord/s] was sufficient for them to reasonably conclude that the tenant had abandoned the premises. That information includes: a. The condition of the premises. b. The fact that most of the tenant’s belongings were gone, although a substantial amount of rubbish and abandoned belongings remained. c. Comments from a neighbour. d. The fact that they were not able to contact their tenant.
The claim for rent arrears to 1 April 2024 is proven. Cleaning, rubbish removal, lawns
[The landlord/s] provided photographs showing the condition of the premises when she re-took possession.
The premises were in a very bad state. In addition to the extensive damage (discussed below) the premises were extremely dirty and messy. The lawns were overgrown (knee-high). There was rubbish left throughout the house and section.
Far North Property Maintenance removed and disposed of the rubbish. 1 Section 61(3)(a)(i) Residential Tenancies Act 1986
[The landlord/s] carried out the cleaning and lawns tidy up themselves. They are based in Auckland, but they have not claimed for travel or accommodation, only their labour.
[The landlord/s] said that the work took approximately one full week, which is consistent with the extent of mess shown in the photographs.
The claims for cleaning, rubbish removal, and lawns tidy up are proven. Repairs
Tenants are liable for damage beyond fair wear and tear that occurs during the period of the tenancy.
The following damage is proven to have occurred during this tenancy: a. Multiple holes in the wall, including large holes. b. Writing / painting on walls and doors. c. Damaged and smashed doors. d. Marks, chips, dents, and stains on walls. e. Flooring in kitchen, dining room, and hallway damaged by a leak from tenant’s fridge. f. Window stays and latches damaged and missing. g. Curtains damaged and missing. h. Broken windows. i. Fence damaged by tyres. j. Carpet damaged and stained.
Far North Property Maintenance carried out the repairs to the walls, replacement of doors, repairs to the floor, and replacement of window latches and stays. They also waterblasted and applied a chemical treatment to the exterior of the house, where the grass had been allowed to grow so long against the side of the house that the exterior was stained.
I am satisfied that all of this damage is intentional damage, including the damage caused by the leaking fridge. Although the tenant did not intend for the fridge to leak, the leak would have been obvious, and the tenant did not take any steps to address it. The fact that the damage extended into the dining room and hallway shows that the fridge had been leaking for many months.
The cost of re-glazing the broken windows and changing the locks is proven. It was necessary for the landlord to change the locks in March because the property was not secure, and [The landlord/s] was not able to contact the tenant.
The fence was damage by the tenant carelessly stacking old tyres against it.
The property was renovated in February 2022 before this tenancy began, including new paint and carpet. Two years later, at the end of this tenancy, the entire interior had to be painted again.
The extent of damage to the walls necessitated repainting of the interior.
Because the paint was only two years old, and the landlord has suffered a substantial and unplanned capital cost, I will not apply depreciation to the proven cost of repainting the premises.
The landlords have also replaced the carpet. [The landlord/s] submitted that there was damage to some parts of the carpet, which appears to be rodent damage, and numerous stains throughout [The landlord/s] submitted that the carpet had a strong unpleasant smell.
The photographs provided in support of the carpet replacement claim are limited. One photograph shows a hole in the carpet near a doorway. There is a large stain in the hallway, and another in a bedroom underneath the window.
The claim seeks the cost of replacing the carpet ($5,500.00). The evidence provided does not support the claim for replacement of the carpet throughout the house.
The evidence does show damage to the carpet in parts of the house that is substantially beyond fair wear and tear.
I will award compensation of $1,500.00. Filing fee, bond, name suppression
The landlord has been successful in this application, and I must also award the landlord the filing fee of $20.44.
The bond will be released to the landlord.
The landlord sought name suppression. Name suppression is granted on the basis that the landlord has substantially succeeded in the proceedings 2 .

Tenancy Tribunal case 4872860 — Property damage

At a glance

Tenancy Tribunal case 4872860 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions