What was Tenancy Tribunal case 4882640 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4882640?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $1,874.50 awarded to landlord; Pest Control: $350.00 awarded to landlord; Property Damage: $1,005.65 awarded to landlord; Property Damage: $309.65 awarded to landlord; Rent In Credit: $175.57 awarded to tenant; Rubbish Removal: $3,363.93 awarded to landlord; Walls and Doors: $839.50 awarded to landlord; Water Rates: $245.49 awarded to landlord

What type of tenancy dispute was case 4882640?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4882640?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10811201-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4882640 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4882640?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $1,874.50 awarded to landlord; Pest Control: $350.00 awarded to landlord; Property Damage: $1,005.65 awarded to landlord; Property Damage: $309.65 awarded to landlord; Rent In Credit: $175.57 awarded to tenant; Rubbish Removal: $3,363.93 awarded to landlord; Walls and Doors: $839.50 awarded to landlord; Water Rates: $245.49 awarded to landlord

What type of tenancy dispute was case 4882640?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4882640?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10811201-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4882640 — Property damage

Reasons

Background

Claims and awards in Tenancy Tribunal application 4882640 — net $7,557.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal (exterior) lawnmowing, garden tidy up	$1,874.50		Rubbish removal (exterior) lawnmowing, garden tidy up
Carpet replacement	$1,005.65		Carpet replacement
Repairs to walls and doors (dog scratching damage	$839.50		Repairs to walls and doors (dog scratching damage
Pest control: Cockroaches	$350.00		Pest control: Cockroaches
Cleaning, carpet cleaning, rubbish removal (interior), and	$3,363.93		Cleaning, carpet cleaning, rubbish removal (interior), and
Replace damage blinds	$309.65		Replace damage blinds
Water rates	$245.49		Water rates
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent in credit		$175.57	Rent in credit
Total award	$8,009.16	$175.57
Net award	$7,557.59
Total payable by Tenant to Landlord	$7,557.59

The tenancy terminated on 27 September 2023 pursuant to an order from the Tenancy Tribunal. 1

This application seeks rubbish removal, cleaning, repair, replacement of chattels, and pest control costs.

The hearing took place in [Event location suppressed] on 6 September 2024.

[The landlord/s representative] represented the landlord. There was no appearance by the Tenant. Cleaning, rubbish removal, carpet cleaning, wooden floors

Tenants must leave the premises reasonably clean and tidy and remove all rubbish at the end of the tenancy.

[The landlord/s] provided copies of inspection reports including the exit inspection, which took place on 3 October 2023.

The exit report shows that: a. Very substantial amounts of rubbish were left inside and outside the house. b. The house was left in an extremely dirty condition. c. There was dog excrement on the carpet and wooden floors. d. The lawns and gardens were overgrown.

The costs claimed by the landlord are: a. $1,874.50 for removal of exterior rubbish, lawnmowing, and garden tidy up, carried out by [gardening services]. b. $2,984.43 for internal cleaning, window cleaning, carpet cleaning, removal of rubbish from the interior, and skip bin hire, carried out by [cleaning services]. c. $379.50 for second cleaning of wooden floors and treatment with anti- bacterial product, carried out by [cleaning services].

The costs are substantial, but they reflect the extent of the mess that the Tenant left behind.

The costs claimed are proven. 1 v Te Moni [2023] NZTT 4652310 Repairs, replacement of chattels

The Tenant kept 6 dogs at the property, in breach of the tenancy agreement. The dogs were clearly kept inside. The exit report photographs show scratching on doors and walls. The cost of repairing that damage is proven.

The landlord had the carpet cleaned but the extent of staining and bad smell was such that it could not be removed by cleaning. It was necessary to replace the carpet in the bedroom and lounge (the only carpeted parts of the house).

The cost of replacing the carpet was $4,022.58.

The landlord’s evidence establishes that the extent of damage was such that replacement was justified.

Depreciation must apply to the new replacement cost.

The age of the existing carpet is not known. [The landlord/s representative] said that the carpet would be at least 8 years old. I note that the entry inspection report describes the carpet in the lounge as “older type carpet with marks thoughout. Very worn but clean”, and the carpet in the bedroom as having “marks throughout”. I also note that the carpet replacement quote states: “Please note that the existing carpet was installed by the old Tack and Turn method [...]”.

This information suggests that the existing carpet was quite aged. It was also marked and stained, consistent with its age, but was generally clean and undamaged.

Having regard to these factors I will apply depreciation of 75% to the new replacement cost claimed.

The venetian blinds were damage due to (apparent) rough handling and some dog damage. The landlord has replaced them with standard curtains. Again, it is appropriate to consider depreciation. The entry inspection report describes the blinds as being in “moderate” condition at the start of the tenancy. It is noted that the landlord has opted for a less expensive replacement. Having regard to these factors I will apply depreciation of 50% to the new replacement cost claimed. Rent, water

There is rent in credit of $175.57.

Water rates of $245.49 are owed to the end of the tenancy. This figure takes into accounts the payments that the tenant made towards water during the tenancy. Bond, filing fee, name suppression

The landlord has been successful in this application. I will award the landlord the filing fee of $20.44. 2 The landlord’s request for name suppression is granted. 3

The bond will be released to the landlord.

Claims and awards in Tenancy Tribunal application 4882640 — net $7,557.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal (exterior) lawnmowing, garden tidy up	$1,874.50		Rubbish removal (exterior) lawnmowing, garden tidy up
Carpet replacement	$1,005.65		Carpet replacement
Repairs to walls and doors (dog scratching damage	$839.50		Repairs to walls and doors (dog scratching damage
Pest control: Cockroaches	$350.00		Pest control: Cockroaches
Cleaning, carpet cleaning, rubbish removal (interior), and	$3,363.93		Cleaning, carpet cleaning, rubbish removal (interior), and
Replace damage blinds	$309.65		Replace damage blinds
Water rates	$245.49		Water rates
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent in credit		$175.57	Rent in credit
Total award	$8,009.16	$175.57
Net award	$7,557.59
Total payable by Tenant to Landlord	$7,557.59

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details. 2.

Reasons

Background

The tenancy terminated on 27 September 2023 pursuant to an order from the Tenancy Tribunal. 1
This application seeks rubbish removal, cleaning, repair, replacement of chattels, and pest control costs.
The hearing took place in [Event location suppressed] on 6 September 2024.
[The landlord/s representative] represented the landlord. There was no appearance by the Tenant. Cleaning, rubbish removal, carpet cleaning, wooden floors
Tenants must leave the premises reasonably clean and tidy and remove all rubbish at the end of the tenancy.
[The landlord/s] provided copies of inspection reports including the exit inspection, which took place on 3 October 2023.
The exit report shows that: a. Very substantial amounts of rubbish were left inside and outside the house. b. The house was left in an extremely dirty condition. c. There was dog excrement on the carpet and wooden floors. d. The lawns and gardens were overgrown.
The costs claimed by the landlord are: a. $1,874.50 for removal of exterior rubbish, lawnmowing, and garden tidy up, carried out by [gardening services]. b. $2,984.43 for internal cleaning, window cleaning, carpet cleaning, removal of rubbish from the interior, and skip bin hire, carried out by [cleaning services]. c. $379.50 for second cleaning of wooden floors and treatment with anti- bacterial product, carried out by [cleaning services].
The costs are substantial, but they reflect the extent of the mess that the Tenant left behind.
The costs claimed are proven. 1 v Te Moni [2023] NZTT 4652310 Repairs, replacement of chattels
The Tenant kept 6 dogs at the property, in breach of the tenancy agreement. The dogs were clearly kept inside. The exit report photographs show scratching on doors and walls. The cost of repairing that damage is proven.
The landlord had the carpet cleaned but the extent of staining and bad smell was such that it could not be removed by cleaning. It was necessary to replace the carpet in the bedroom and lounge (the only carpeted parts of the house).
The cost of replacing the carpet was $4,022.58.
The landlord’s evidence establishes that the extent of damage was such that replacement was justified.
Depreciation must apply to the new replacement cost.
The age of the existing carpet is not known. [The landlord/s representative] said that the carpet would be at least 8 years old. I note that the entry inspection report describes the carpet in the lounge as “older type carpet with marks thoughout. Very worn but clean”, and the carpet in the bedroom as having “marks throughout”. I also note that the carpet replacement quote states: “Please note that the existing carpet was installed by the old Tack and Turn method [...]”.
This information suggests that the existing carpet was quite aged. It was also marked and stained, consistent with its age, but was generally clean and undamaged.
Having regard to these factors I will apply depreciation of 75% to the new replacement cost claimed.
The venetian blinds were damage due to (apparent) rough handling and some dog damage. The landlord has replaced them with standard curtains. Again, it is appropriate to consider depreciation. The entry inspection report describes the blinds as being in “moderate” condition at the start of the tenancy. It is noted that the landlord has opted for a less expensive replacement. Having regard to these factors I will apply depreciation of 50% to the new replacement cost claimed. Rent, water
There is rent in credit of $175.57.
Water rates of $245.49 are owed to the end of the tenancy. This figure takes into accounts the payments that the tenant made towards water during the tenancy. Bond, filing fee, name suppression
The landlord has been successful in this application. I will award the landlord the filing fee of $20.44. 2 The landlord’s request for name suppression is granted. 3
The bond will be released to the landlord.

Tenancy Tribunal case 4882640 — Property damage

At a glance

Tenancy Tribunal case 4882640 — 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