What was Tenancy Tribunal case 4898334 about?

The tribunal order states: [The tenant/s] to pay [The landlord/s] $778.21 from the bond, calculated as

How much money was awarded in case 4898334?

Frypan: $200.00 awarded to landlord; Lawns and Garden Work: $183.99 awarded to landlord; Property Damage: $25.00 awarded to landlord; Wallpaper: $345.60 awarded to landlord; Water Rates: $23.62 awarded to landlord

What type of tenancy dispute was case 4898334?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4898334?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10396538-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4898334 about?

The tribunal order states: [The tenant/s] to pay [The landlord/s] $778.21 from the bond, calculated as

How much money was awarded in case 4898334?

Frypan: $200.00 awarded to landlord; Lawns and Garden Work: $183.99 awarded to landlord; Property Damage: $25.00 awarded to landlord; Wallpaper: $345.60 awarded to landlord; Water Rates: $23.62 awarded to landlord

What type of tenancy dispute was case 4898334?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4898334?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10396538-Tribunal_Order_Redacted.pdf.

74A Blakeborough Drive, Forrest Hill, Auckland 0620 Tenancy Tribunal Case 4898334 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4898334 — net $778.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$183.99	Lawns and Garden work
Water rates	$23.62	Water rates
Lock/key replacement	$25.00	Lock/key replacement
Frypan	$200.00	Frypan
Repairs: Wallpaper	$345.60	Repairs: Wallpaper
Net award	$778.21
Bond	$1,332.19
Total payable by Tenant to Landlord	$778.21

Both parties attended the hearing. The tenant attended by telephone and had the assistance of a Hindi interpreter.

This tenancy began in July 2018 and ended on 14 February 2024. It last for just over five and a half years.

The tenant applied for release of the bond. At mediation there was agreement to a partial release of the bond to the tenant. The balance of the bond with the Bond Centre is $1,332.19. That amount is released in accordance with the awards made in this order.

The landlord applied for reinstatement of weed mat and stones in the garden, replacement of a pot set, repairs to wallpaper, the final water bill and replacement of the garage key.

The tenant agreed to the final water bill and the garage key replacement. Those amounts are ordered. Garden

The landlord seeks compensation for the cost of reinstating the weed mat and stones in the garden. The landlord was not able to produce a photograph of the garden from when the tenancy began. He seeks reimbursement of $367.98.

The landlord said that the rocks were put in between the time the property was purchased in 2013 and the commencement of this tenancy.

The tenant denies removing the rocks from the property. She said that she moved them around so that she could plant a vegetable garden but when requested she returned the rocks to the original area. The tenant said that the weed mat was dislodged during flooding.

As there is no evidence of the condition of the garden when the tenancy began it is not possible to order costs for complete reinstatement. I accept the evidence that the tenant had moved the rocks from where they were originally located. It may be that not all the rocks have been returned here. I have decided to evenly divide the costs between the tenant and the landlord and that is what is ordered. Pots

After upgrading the kitchen and installing an induction cooktop the landlord provided the tenant with a set of pots which included four lidded pots and a frypan. The set cost $569.99. At the end of the tenancy the landlord says that one large pot lid and the frypan were missing.

The tenant said that she never used the pots and they were all located in the cabinet on top of the fridge.

The landlord said that the pots had been used. I note that there was no chattels list.

Given that the landlord has most of the set I am unable to award the full cost of replacing the set. Instead, I consider it reasonable to award the landlord $200.00 for the missing items, which is ordered. Wallpaper

The landlord claims for two rips in the wallpaper of the master bedroom. The photographs of the rips show that there has been an attempt to repair them using blue tack.

The tenant says that the rips are due to fair wear and tear.

One of the rips is along the wallpaper join and is about 12cm high. The landlord said that the rip is located above the bed.

I consider that the damage to the wallpaper is more than fair wear and tear. I award the landlord the cost of repairing the wallpaper. Filing fee and suppression

As both parties have had some success with their applications, I make no award for reimbursement of the filing fee. For the same reason I suppress the names of the parties as sought.

Claims and awards in Tenancy Tribunal application 4898334 — net $778.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$183.99	Lawns and Garden work
Water rates	$23.62	Water rates
Lock/key replacement	$25.00	Lock/key replacement
Frypan	$200.00	Frypan
Repairs: Wallpaper	$345.60	Repairs: Wallpaper
Net award	$778.21
Bond	$1,332.19
Total payable by Tenant to Landlord	$778.21

Order

[The tenant/s] to pay [The landlord/s] $778.21 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,332.19 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $778.21 [The tenant/s]: $553.98

Reasons

Both parties attended the hearing. The tenant attended by telephone and had the assistance of a Hindi interpreter.
This tenancy began in July 2018 and ended on 14 February 2024. It last for just over five and a half years.
The tenant applied for release of the bond. At mediation there was agreement to a partial release of the bond to the tenant. The balance of the bond with the Bond Centre is $1,332.19. That amount is released in accordance with the awards made in this order.
The landlord applied for reinstatement of weed mat and stones in the garden, replacement of a pot set, repairs to wallpaper, the final water bill and replacement of the garage key.
The tenant agreed to the final water bill and the garage key replacement. Those amounts are ordered. Garden
The landlord seeks compensation for the cost of reinstating the weed mat and stones in the garden. The landlord was not able to produce a photograph of the garden from when the tenancy began. He seeks reimbursement of $367.98.
The landlord said that the rocks were put in between the time the property was purchased in 2013 and the commencement of this tenancy.
The tenant denies removing the rocks from the property. She said that she moved them around so that she could plant a vegetable garden but when requested she returned the rocks to the original area. The tenant said that the weed mat was dislodged during flooding.
As there is no evidence of the condition of the garden when the tenancy began it is not possible to order costs for complete reinstatement. I accept the evidence that the tenant had moved the rocks from where they were originally located. It may be that not all the rocks have been returned here. I have decided to evenly divide the costs between the tenant and the landlord and that is what is ordered. Pots
After upgrading the kitchen and installing an induction cooktop the landlord provided the tenant with a set of pots which included four lidded pots and a frypan. The set cost $569.99. At the end of the tenancy the landlord says that one large pot lid and the frypan were missing.
The tenant said that she never used the pots and they were all located in the cabinet on top of the fridge.
The landlord said that the pots had been used. I note that there was no chattels list.
Given that the landlord has most of the set I am unable to award the full cost of replacing the set. Instead, I consider it reasonable to award the landlord $200.00 for the missing items, which is ordered. Wallpaper
The landlord claims for two rips in the wallpaper of the master bedroom. The photographs of the rips show that there has been an attempt to repair them using blue tack.
The tenant says that the rips are due to fair wear and tear.
One of the rips is along the wallpaper join and is about 12cm high. The landlord said that the rip is located above the bed.
I consider that the damage to the wallpaper is more than fair wear and tear. I award the landlord the cost of repairing the wallpaper. Filing fee and suppression
As both parties have had some success with their applications, I make no award for reimbursement of the filing fee. For the same reason I suppress the names of the parties as sought.

Tenancy Tribunal case 4898334 — Property damage at 74A Blakeborough Drive, Forrest Hill, Auckland 0620

At a glance

Tenancy Tribunal case 4898334 — Property damage at 74A Blakeborough Drive, Forrest Hill, Auckland 0620

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