What was Tenancy Tribunal case 4875060 about?

The tribunal order states: Tayla Pepperall, Kane Walters and Scott Watkinson must pay [The landlord/s]

How much money was awarded in case 4875060?

Rubbish Removal: $1,246.59 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $100.00 awarded to landlord; Property Damage: $103.50 awarded to landlord; Property Damage: $155.00 awarded to landlord; Other: $126.50 awarded to landlord; Other: $1,100.00 awarded to landlord; Rent Arrears: $1,335.71 awarded to landlord; Gate 1 X Excess: $500.00 awarded to landlord; Walls and Doors: $1,600.00 awarded to landlord; Replace Furnishings: $1,167.01 awarded to landlord

What type of tenancy dispute was case 4875060?

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

Where can I read the official tribunal order for case 4875060?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10865121-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4875060 about?

The tribunal order states: Tayla Pepperall, Kane Walters and Scott Watkinson must pay [The landlord/s]

How much money was awarded in case 4875060?

Rubbish Removal: $1,246.59 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $100.00 awarded to landlord; Property Damage: $103.50 awarded to landlord; Property Damage: $155.00 awarded to landlord; Other: $126.50 awarded to landlord; Other: $1,100.00 awarded to landlord; Rent Arrears: $1,335.71 awarded to landlord; Gate 1 X Excess: $500.00 awarded to landlord; Walls and Doors: $1,600.00 awarded to landlord; Replace Furnishings: $1,167.01 awarded to landlord

What type of tenancy dispute was case 4875060?

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

Where can I read the official tribunal order for case 4875060?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10865121-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4875060 — Property damage

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New Zealand Tenancy Tribunal Case 4875060 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4875060 — net $7,454.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,335.71	Rent arrears
Cleaning: and rubbish removal	$1,246.59	Cleaning: and rubbish removal
Lock/key replacement: gate master key	$100.00	Lock/key replacement: gate master key
Lock/key replacement: letterbox lock	$155.00	Lock/key replacement: letterbox lock
Lock/key replacement: gate remote	$103.50	Lock/key replacement: gate remote
Replace furnishings	$1,167.01	Replace furnishings
Repairs: gate 1 x excess	$500.00	Repairs: gate 1 x excess
Repairs: walls and doors 4 x excess	$1,600.00	Repairs: walls and doors 4 x excess
Other	$126.50	Other
Other	$1,100.00	Other
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,454.75
Total payable by Tenant to Landlord	$7,454.75

Claims and awards for application 4875060 — net $7,454.75 NZD. Verify on MoJ.

Rent arrears

Amount: $1,335.71
Awarded to: Landlord
Reason: Rent arrears

Cleaning: and rubbish removal

Amount: $1,246.59
Awarded to: Landlord
Reason: Cleaning: and rubbish removal

Lock/key replacement: gate master key

Amount: $100.00
Awarded to: Landlord
Reason: Lock/key replacement: gate master key

Lock/key replacement: letterbox lock

Amount: $155.00
Awarded to: Landlord
Reason: Lock/key replacement: letterbox lock

Lock/key replacement: gate remote

Amount: $103.50
Awarded to: Landlord
Reason: Lock/key replacement: gate remote

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage Rent arrears

Order

Tayla Pepperall, Kane Walters and Scott Watkinson must pay [The landlord/s] $7,454.75 immediately, calculated as shown in table below.

Reasons

The landlord’s representative attended the video hearing on 3 September 2024. The tenants and guarantor were telephoned on the phone numbers provided. All calls went to voicemail. I continued the hearing as notice of the hearing date and time has been given.
Tribunal order 4813103 was made on 25 March 2024 awarding the landlord rent owing up to 25 March 2024 and refund of the bond.
The landlord now seeks additional rent arrears, compensation, and exemplary damages following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 11 April 2024 when the landlord discovered that the tenants had moved out. The tenants did not give notice.
I award the additional rent owing after the date of the previous order which is $1,335.71.

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

At the end of a tenancy, tenants 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 premises were not left reasonably clean and tidy and there were rubbish bags and unwanted household items (including one bed and frame) left behind to be disposed of.
The tenant did not return the letterbox lock key. This had to be replaced.
Some chattels were missing at the end of the tenancy: interior door handles, smoke alarm, and one shower head. These had to be replaced and reinstalled.
Invoices were supplied for all amounts ordered.

Is the tenant responsible for the damage to the premises?

If making a claim for damage, a landlord must prove that any damage happened during this tenancy and is more than fair wear and tear. Fair wear and tear is anything that would happen as a normal and ordinary part of living in the property.
A tenant is liable for any intentional or careless damage. Tenants are liable for the actions of people at the premises with their permission. Sections 40(2)(a), 41 and 49B RTA.
When working out compensation, the landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off.
If any careless damage is covered by the landlord’s insurance, then the most the tenant is liable for is the amount of any insurance excess. If there is no insurance, the maximum payable is the value of four weeks’ rent.
The landlord claims for the replacement of track and curtains at the premises but insufficient evidence was supplied to prove this claim, so it is not awarded.
The following damage was caused during the tenancy, is more than fair wear and tear, and the tenant has not disproved liability for the damage: a. The shared entrance gate to the townhouse complex at 164 Killarney Road was damaged during the tenancy. The landlord says one of the tenants drove into the gate when it was not fully open and supplied CTV photos showing the incident. The tenants have not contested this application, so I accept the landlord’s identification evidence. The landlord said significant repair was required and supplied an invoice for a total project cost of $7,820.00. The damage is covered by insurance, so I award the excess of $500.00. I also award part of the cost charged by the CTV security company to provide the security footage. 1 b. A new remote and new key for the gate were needed and the landlord told the Tribunal this cost is not covered by the repair insurance. I award the costs to replace these. c. Holes and dents in various walls including the ensuite (hole), entrance hall (dent), lounge (large holes from fixtures which had been poorly patched), bedroom 1 (holes patched), bedroom 2 (wall damage from adhesive strip, and wardrobe door damage poorly repainted), laundry (wall, cabinet, door frame scraped). The damage was covered by insurance, and I award the amount of the four excesses charged which is $1,600.00 (where there are multiple separate incidents, insurers usually charge one excess per room which is what applies in this case).
Invoices for all amounts were provided.
The landlord claimed for the costs of methamphetamine testing done at the end of the tenancy. This claim is dismissed because there was no testing done at the start of the tenancy, so it is not possible to prove that the low, positive result happened during this tenancy. The landlord says that these were the first tenants after the premises were built so it must have been them. This is not enough. There were no physical signs of drug use noted so without a test result at the start of the tenancy there is not enough evidence to prove the claim. Filing fee and suppression of name 1 I do not award the part of the invoice that relates to training the property manager in use of the CTV system as this knowledge can be applied to all properties so is more properly a shared cost.
The landlord has substantially succeeded with the claim and I award the filing fee and suppress its name, as sought.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4875060 — net $7,454.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,335.71	Rent arrears
Cleaning: and rubbish removal	$1,246.59	Cleaning: and rubbish removal
Lock/key replacement: gate master key	$100.00	Lock/key replacement: gate master key
Lock/key replacement: letterbox lock	$155.00	Lock/key replacement: letterbox lock
Lock/key replacement: gate remote	$103.50	Lock/key replacement: gate remote
Replace furnishings	$1,167.01	Replace furnishings
Repairs: gate 1 x excess	$500.00	Repairs: gate 1 x excess
Repairs: walls and doors 4 x excess	$1,600.00	Repairs: walls and doors 4 x excess
Other	$126.50	Other
Other	$1,100.00	Other
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,454.75
Total payable by Tenant to Landlord	$7,454.75

Claims and awards for application 4875060 — net $7,454.75 NZD. Verify on MoJ.

Rent arrears

Amount: $1,335.71
Awarded to: Landlord
Reason: Rent arrears

Cleaning: and rubbish removal

Amount: $1,246.59
Awarded to: Landlord
Reason: Cleaning: and rubbish removal

Lock/key replacement: gate master key

Amount: $100.00
Awarded to: Landlord
Reason: Lock/key replacement: gate master key

Lock/key replacement: letterbox lock

Amount: $155.00
Awarded to: Landlord
Reason: Lock/key replacement: letterbox lock

Lock/key replacement: gate remote

Amount: $103.50
Awarded to: Landlord
Reason: Lock/key replacement: gate remote

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage Rent arrears

Order

Tayla Pepperall, Kane Walters and Scott Watkinson must pay [The landlord/s] $7,454.75 immediately, calculated as shown in table below.

Reasons

The landlord’s representative attended the video hearing on 3 September 2024. The tenants and guarantor were telephoned on the phone numbers provided. All calls went to voicemail. I continued the hearing as notice of the hearing date and time has been given.
Tribunal order 4813103 was made on 25 March 2024 awarding the landlord rent owing up to 25 March 2024 and refund of the bond.
The landlord now seeks additional rent arrears, compensation, and exemplary damages following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 11 April 2024 when the landlord discovered that the tenants had moved out. The tenants did not give notice.
I award the additional rent owing after the date of the previous order which is $1,335.71.

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

At the end of a tenancy, tenants 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 premises were not left reasonably clean and tidy and there were rubbish bags and unwanted household items (including one bed and frame) left behind to be disposed of.
The tenant did not return the letterbox lock key. This had to be replaced.
Some chattels were missing at the end of the tenancy: interior door handles, smoke alarm, and one shower head. These had to be replaced and reinstalled.
Invoices were supplied for all amounts ordered.

Is the tenant responsible for the damage to the premises?

If making a claim for damage, a landlord must prove that any damage happened during this tenancy and is more than fair wear and tear. Fair wear and tear is anything that would happen as a normal and ordinary part of living in the property.
A tenant is liable for any intentional or careless damage. Tenants are liable for the actions of people at the premises with their permission. Sections 40(2)(a), 41 and 49B RTA.
When working out compensation, the landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off.
If any careless damage is covered by the landlord’s insurance, then the most the tenant is liable for is the amount of any insurance excess. If there is no insurance, the maximum payable is the value of four weeks’ rent.
The landlord claims for the replacement of track and curtains at the premises but insufficient evidence was supplied to prove this claim, so it is not awarded.
The following damage was caused during the tenancy, is more than fair wear and tear, and the tenant has not disproved liability for the damage: a. The shared entrance gate to the townhouse complex at 164 Killarney Road was damaged during the tenancy. The landlord says one of the tenants drove into the gate when it was not fully open and supplied CTV photos showing the incident. The tenants have not contested this application, so I accept the landlord’s identification evidence. The landlord said significant repair was required and supplied an invoice for a total project cost of $7,820.00. The damage is covered by insurance, so I award the excess of $500.00. I also award part of the cost charged by the CTV security company to provide the security footage. 1 b. A new remote and new key for the gate were needed and the landlord told the Tribunal this cost is not covered by the repair insurance. I award the costs to replace these. c. Holes and dents in various walls including the ensuite (hole), entrance hall (dent), lounge (large holes from fixtures which had been poorly patched), bedroom 1 (holes patched), bedroom 2 (wall damage from adhesive strip, and wardrobe door damage poorly repainted), laundry (wall, cabinet, door frame scraped). The damage was covered by insurance, and I award the amount of the four excesses charged which is $1,600.00 (where there are multiple separate incidents, insurers usually charge one excess per room which is what applies in this case).
Invoices for all amounts were provided.
The landlord claimed for the costs of methamphetamine testing done at the end of the tenancy. This claim is dismissed because there was no testing done at the start of the tenancy, so it is not possible to prove that the low, positive result happened during this tenancy. The landlord says that these were the first tenants after the premises were built so it must have been them. This is not enough. There were no physical signs of drug use noted so without a test result at the start of the tenancy there is not enough evidence to prove the claim. Filing fee and suppression of name 1 I do not award the part of the invoice that relates to training the property manager in use of the CTV system as this knowledge can be applied to all properties so is more properly a shared cost.
The landlord has substantially succeeded with the claim and I award the filing fee and suppress its name, as sought.

Tenancy Tribunal case 4875060 — Property damage

At a glance

Tenancy Tribunal case 4875060 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenants 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

How much is owed for rent?

Did the tenants 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