What was Tenancy Tribunal case 4888340 about?

The tribunal order states: Talia Alicia Rosanne Weke must pay [The landlord/s] $2,468.00 immediately,

How much money was awarded in case 4888340?

Cleaning: $299.00 awarded to landlord; Door Frame - Bedrooms 1 And 2: $500.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Kitchen Broken Tile: $50.00 awarded to landlord; Kitchen Cabinet Door: $60.00 awarded to landlord; Kitchen Sink Unblocked: $184.00 awarded to landlord; Painting Ceiling - Lounge: $250.00 awarded to landlord; Replace furnishings: Curtain rail -…: $30.00 awarded to landlord; Rubbish Removal: $345.00 awarded to landlord

What type of tenancy dispute was case 4888340?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4888340?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10598158-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4888340 about?

The tribunal order states: Talia Alicia Rosanne Weke must pay [The landlord/s] $2,468.00 immediately,

How much money was awarded in case 4888340?

Cleaning: $299.00 awarded to landlord; Door Frame - Bedrooms 1 And 2: $500.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Kitchen Broken Tile: $50.00 awarded to landlord; Kitchen Cabinet Door: $60.00 awarded to landlord; Kitchen Sink Unblocked: $184.00 awarded to landlord; Painting Ceiling - Lounge: $250.00 awarded to landlord; Replace furnishings: Curtain rail -…: $30.00 awarded to landlord; Rubbish Removal: $345.00 awarded to landlord

What type of tenancy dispute was case 4888340?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4888340?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10598158-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4888340 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4888340 — net $2,468.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$345.00	Rubbish removal
Cleaning	$299.00	Cleaning
Repairs: Painting ceiling - lounge	$250.00	Repairs: Painting ceiling - lounge
Repairs: Interior wall repair and paint - lounge, bedrooms 1 and 2	$750.00	Repairs: Interior wall repair and paint - lounge, bedrooms 1 and 2
Repairs: Door frame - bedrooms 1 and 2	$500.00	Repairs: Door frame - bedrooms 1 and 2
Repairs: Kitchen cabinet door	$60.00	Repairs: Kitchen cabinet door
Repairs: Kitchen broken tile	$50.00	Repairs: Kitchen broken tile
Replace furnishings: Curtain rail - bedroom 1	$30.00	Replace furnishings: Curtain rail - bedroom 1
Repairs: Kitchen sink unblocked	$184.00	Repairs: Kitchen sink unblocked
Net award	$2,468.00
Total payable by Tenant to Landlord	$2,468.00

The landlord’s agent attended the hearing. The tenant did not attend.

On the termination of a tenancy, the Act requires the tenant to quit the premises, remove all of his or her goods from the premises, leave the premises in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish. See s 40(1)(e)(i), (ii) and (iii) of the Act.

claims the tenant caused damage, which was either intentional or caused by a person for whose actions the tenant is responsible. See section 49B(1)(a) of the Residential Tenancies Act 1986 (the Act).

If any damage to the premises is proved to have occurred during the tenancy, it is for the landlord to prove that any damage was not fair wear and tear. See section 49B(8)(a)(i). The tenancy

The premises is a two-bedroom, one-bathroom, unfurnished apartment. The landlord’s agent stated the property was a new build completed in August 2023. The tenant was not the first tenant to occupy the premises. The tenant’s tenancy was from 25 December 2023 to 24 April 2024.

The landlord provided entry and exit inspection records to show the condition of the property at the start of the tenancy and its condition at the end of the tenancy. The entry record and photos are included in a report dated 22 December 2023 (the Entry Inspection). The exit record and photos are included in a report dated 20 April 2024 (the Exit Inspection). Landlord’s claim for damages

In the landlord’s claim, the total cost of repairing the damage which the landlord says was caused by the tenant is $4,375.25.

Invoices from contractors engaged by the landlord were provided. The total claimed is broken down into several separate claims by the landlord, which I deal with separately below: Rubbish removal

The landlord claims $345.00 for rubbish removal. An invoice from Good Good Good Limited dated 27 April 2024 for that amount is provided.

At the hearing, the landlord’s agent indicated photos in the Exit Inspection which show rubbish and personal items the tenants left in the premises. The items include chairs and couches in the lounge, a mattress on the floor in Bedroom 1, two mattresses on the floor in Bedroom 2, personal items and rubbish in the bathroom cabinets and items in the kitchen cupboards.

From the photos in the Exit Inspection I am satisfied that the tenant left rubbish and personal items at the premises. The fee charged for the removal of those items is reasonable, and I therefore award the landlord $345.00 for rubbish removal. Cleaning

The landlord claims $299.00 for cleaning. An invoice from Good Good Good Limited dated 6 May 2024 for that amount is provided. At the hearing, the landlord’s agent indicated photos in the Exit Inspection which show the kitchen stove top had grease on it, 1 the kitchen extractor fan had grease on it, 2 the kitchen drawers had debris inside them, 3 the kitchen floor had marks, 4 and the kitchen drain was not clean. 5

Photos of the remainder of the apartment indicate very little, if anything, was done in the way of cleaning and tidying the premises. From the photos in the Exit Inspection I am satisfied that the tenant did not leave the premises in a reasonably clean and reasonably tidy condition. The fee charged for cleaning the apartment is reasonable, and I therefore award the landlord $299.00 for cleaning. Repair – painting ceiling: lounge

The landlord claims $500 for the cost of painting the ceiling in the lounge and bedroom one. Photos of the lounge ceiling show marks present at the Exit Inspection which were not present in the Entry Inspection. 6 No photos of the ceiling in Bedroom 1 were provided. I therefore award the landlord $250.00 for the re-painting of the lounge ceiling only. Repairs – interior walls repair and paint: lounge and bedrooms

The landlord seeks $1,500 for repairing and repainting interior walls throughout the premises.

At the outset of the hearing, the landlord’s agent conceded two areas of damage to the walls were repaired which were not caused by this tenant. The landlord’s agent conceded the cost of those two repairs should not be reimbursed by this tenant. Those two areas were: a. Damage to the wall in Bedroom 1, depicted in photo 050 of the Entry Inspection and 056 of the Exit Inspection; and b. Gouges in the plaster on the lounge wall below the window, depicted in photo 013 of the Entry Inspection and 022 of the Exit Inspection. 1 See Exit Inspection photo 132. 2 See Exit Inspection photo 131. 3 See Exit Inspection photos 135 and 136. 4 See Exit Inspection photo 147, compare Entry Inspection photos 150 and 125-127. 5 See Exit Inspection photo 154. 6 Compare Entry Inspection photo 029 and 032 with Exit Inspection photo 038.

In addition to the above two areas of damage which pre-dated this tenancy, I note that in the Entry Inspection, the walls of several rooms were noted as having “marks.” 7 I therefore do not consider this tenant should be liable for the total cost of re-painting the interior as the painting would have resulted in the walls being in a better condition than when this tenancy commenced.

Having said the above, there was clearly damage to the walls of the premises which were caused by this tenant and/or by others during the tenancy. I am satisfied the below damage was caused by the tenant: a. Lounge room: stains on the wall, depicted in Exit Inspection photo 025 and 026; b. Bedroom one: holes in the wall, depicted in Exit Inspection photos 047, 064, 066 and 068; c. Bedroom two: stains on the wall, depicted in Exit Inspection photos 079, 081 and 086, and damage to the wall around the door frame, depicted in Exit Inspection photo 097.

Taking into account the total claim for repairs includes the cost of repairing two areas of wall which were not damaged by this tenant, and that some of the re- painting remedied pre-existing marks, I order that the tenant pay half the costs of the interior repairs and painting, being $750.00. Repairs – Door frames: Bedrooms 1 and 2

The landlord claims $800.00 for the repair of internal door frames. 8 The landlord’s agent submitted three internal doors required repairs and painting; the doors to Bedroom 1, Bedroom 2 and the bathroom.

The landlord’s agent conceded there were only photos of two of the doors needing repair in the Entry Inspection, being the doors to Bedroom 1 and Bedroom 2. Although it was submitted there was damage to the bathroom door, which is visible in the Exit Inspection photograph, 9 there was no record of the condition of the bathroom door prior to the tenancy. 10

Photographic evidence establishes there was damage to both the doors of Bedroom 1 and Bedroom 2 during the tenancy. The door of Bedroom 1 had a 7 See Entry Inspection, p. 2, re hallway, lounge, Bedroom 1, and Bedroom 2. 8 The invoice refers to doors frames and “window repair” however, at the hearing, no evidence was advanced in support of windows needing repair. 9 See Exit Inspection, photo 100 and 101. 10 During the hearing, I pointed out to the landlord’s agent that the Entry Inspection notes recorded the bathroom door as being in “Average condition”, at p.3. The landlord’s agent acknowledged that note but advised he did not wish to pursue reimbursement for the bathroom door. hole in it, 11 and the door frame of Bedroom 2 has exposed timber when part of the door frame has been broken away. 12

For repair of the damage to the two bedroom doors, I award the landlord $500.00. Repairs – Kitchen cabinet door

The landlord claims $60.00 for the cost of re-fixing a kitchen cabinet door. The re-fixing of the kitchen cabinet door was itemised in the invoice provided from LXD Renovation Ltd.

The photographs show the cabinet door was left lying on the kitchen floor at the end of the tenancy. 13 The cabinet door was clearly installed on an upper cabinet in the kitchen at the start of the tenancy. 14 Given the kitchen was less than a year old, I am satisfied the damage was more than fair wear and tear.

I award the landlord $60.00 as claimed. Repairs – Kitchen broken tile

The landlord claims $50.00 for the cost of re-fixing a broken tile on the kitchen wall behind the stove top. The cost of fixing the kitchen tile was itemised in the invoice provided from LXD Renovation Ltd.

The photographs show one tile in the back-splash behind the kitchen stove top was broken. 15 The cost is reasonable and I award the landlord $50.00 as claimed. Replace furnishings: curtain rail

The landlord claims $30.00 for the cost of replacing a curtain rod. The cost of fixing the kitchen tile was itemised in the invoice provided from LXD Renovation Ltd.

The photographs show the curtain rail in Bedroom 1 was bent. 16 The cost is reasonable and I award the landlord $30.00 as claimed. Replace furnishings: door stop

The landlord claims $15.00 for the replacement of a broken door stopper. At the hearing, I drew the landlord’s agent to the Entry Inspection which recorded a broken doorstop in Bedroom 2. 17 11 Compare Entry Inspection photo 049 with Exit Inspection photo 069. 12 Compare Entry Inspection photo 086 and 087 with Exit Inspection photo 030 and 076. 13 See Exit Inspection photos 055 and 056. 14 See Entry Inspection photo 156. 15 Compare Entry Inspection photos 148 and 140 with Exit Inspection photos 131 and 132. 16 See Exit Inspection photo 059. 17 See Entry Inspection, page 2 notes, and photo 091.

The landlord’s agent did not pursue the claim in respect of the doorstop and I dismiss that claim. Replace furnishing: wardrobe

The landlord claims $149.00 for the cost of replacing a wardrobe in Bedroom 1. The landlord’s agent submitted the board at the back of the wardrobe was missing, although he later noted it had simply come off and was leaning against the wall. He also claimed the side of the wardrobe was broken.

The photographs show the back part of the wardrobe had come away in parts, however there was no visible damage to the side of the wardrobe. 18 The quote provided for a replacement wardrobe is $149.00. If that is a like-for-like replacement, as it is submitted to be, it would seem to be a very low-cost wardrobe. The landlord has not established that the damage to the wardrobe was not fair wear and tear given the wardrobe’s relatively lightweight construction.

The claim for the wardrobe is dismissed. Repair – blocked kitchen sink during tenancy

The landlord is also seeking reimbursement for the cost of repairing the kitchen sink which was blocked during the tenancy.

In February 2024, the landlord engaged a contractor to attend the premises and unblock the sink and re-set the waste disposal unit. Photos taken at the time show the sink full of water and food waste. An invoice for $184.00 dated 11 February 2024 was provided. The landlord’s agent also provided a copy of an email to the tenant dated 13 February 2024 in which the landlord’s agent seeks reimbursement from the tenant. The landlord states the tenant did not make payment.

Given the age of the property, I am satisfied the sink and waste disposal was in good working order prior to the tenancy. I accept that the blockage was caused by the tenant and was not fair wear and tear. I therefore award the landlord $184.00 for the cost of repairing the blocked kitchen sink during the tenancy. Bond

The bond has been released to the landlord following an earlier order for rent arrears ([2024] NZTT 4855840). Accordingly, there is no bond currently held by the Bond Centre. Reimbursement of filing fee

As the landlord has wholly succeeded with the claim the tenant must reimburse the filing fee 18 See Exit Inspection photos 048, 051 and 056.

Reasons

Claims and awards in Tenancy Tribunal application 4888340 — net $2,468.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$345.00	Rubbish removal
Cleaning	$299.00	Cleaning
Repairs: Painting ceiling - lounge	$250.00	Repairs: Painting ceiling - lounge
Repairs: Interior wall repair and paint - lounge, bedrooms 1 and 2	$750.00	Repairs: Interior wall repair and paint - lounge, bedrooms 1 and 2
Repairs: Door frame - bedrooms 1 and 2	$500.00	Repairs: Door frame - bedrooms 1 and 2
Repairs: Kitchen cabinet door	$60.00	Repairs: Kitchen cabinet door
Repairs: Kitchen broken tile	$50.00	Repairs: Kitchen broken tile
Replace furnishings: Curtain rail - bedroom 1	$30.00	Replace furnishings: Curtain rail - bedroom 1
Repairs: Kitchen sink unblocked	$184.00	Repairs: Kitchen sink unblocked
Net award	$2,468.00
Total payable by Tenant to Landlord	$2,468.00