What was Tenancy Tribunal case 4900845 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 4900845?

Cleaning: $1,200.00 awarded to landlord; Compensation: Carpet: $429.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting: $5,000.00 awarded to landlord; Plumbing (Exterior Tap: $162.63 awarded to landlord; Property Damage: $473.98 awarded to landlord; Reinstate Fence: $828.00 awarded to landlord; Rent Arrears: $12,880.00 awarded to landlord; Property Damage: $828.00 awarded to landlord; Replace Car Port: $2,399.00 awarded to landlord; Replace Curtains: $374.17 awarded to landlord; Replace Garden Shed: $990.00 awarded to landlord; Replace Missing Gate: $585.00 awarded to landlord; Rubbish Removal: $1,000.00 awarded to landlord

What type of tenancy dispute was case 4900845?

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

Where can I read the official tribunal order for case 4900845?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10981476-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4900845 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 4900845?

Cleaning: $1,200.00 awarded to landlord; Compensation: Carpet: $429.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting: $5,000.00 awarded to landlord; Plumbing (Exterior Tap: $162.63 awarded to landlord; Property Damage: $473.98 awarded to landlord; Reinstate Fence: $828.00 awarded to landlord; Rent Arrears: $12,880.00 awarded to landlord; Property Damage: $828.00 awarded to landlord; Replace Car Port: $2,399.00 awarded to landlord; Replace Curtains: $374.17 awarded to landlord; Replace Garden Shed: $990.00 awarded to landlord; Replace Missing Gate: $585.00 awarded to landlord; Rubbish Removal: $1,000.00 awarded to landlord

What type of tenancy dispute was case 4900845?

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

Where can I read the official tribunal order for case 4900845?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10981476-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4900845 — Rent arrears

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 4900845 — net $25,370.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 April 2024 (incudes rent in lieu of notice for abandonment	$12,880.00	2024. This is within 28-days of the date that [The landlord/s] became aware of the abandonment.
Lock/key replacement and re-glazing broken windows	$473.98	Lock/key replacement and re-glazing broken windows
Rubbish removal	$1,000.00	Rubbish removal
Repairs: Holes in walls, damage to doors	$828.00	Repairs: Holes in walls, damage to doors
Painting	$5,000.00	Painting
Replace missing gate	$585.00	Replace missing gate
Replace garden shed	$990.00	Replace garden shed
Replace car port	$2,399.00	Replace car port
Reinstate fence	$828.00	Reinstate fence
Replace curtains	$374.17	Replace curtains
Compensation: Carpet	$429.00	Carpet
Plumbing (exterior tap	$162.63	Plumbing (exterior tap
Cleaning	$1,200.00	Cleaning
Filing fee reimbursement	$20.44	27. I accept that the fence was damaged during the tenancy and the landlord has incurred the cost of replacing the fence.
Net award	$25,370.22
Total payable by Tenant to Landlord	$25,370.22

Claims and awards in Tenancy Tribunal application 4900845 — net $25,370.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 15 April 2024 (incudes rent in lieu of notice for abandonment

$12,880.00

2024. This is within 28-days of the date that [The landlord/s] became aware of the abandonment.

Lock/key replacement and re-glazing broken windows

$473.98

Lock/key replacement and re-glazing broken windows

Rubbish removal

$1,000.00

Rubbish removal

Repairs: Holes in walls, damage to doors

$828.00

Repairs: Holes in walls, damage to doors

Painting

$5,000.00

Painting

Replace missing gate

$585.00

Replace missing gate

Replace garden shed

$990.00

Replace garden shed

Replace car port

$2,399.00

Replace car port

Reinstate fence

$828.00

Reinstate fence

Replace curtains

$374.17

Replace curtains

Compensation: Carpet

$429.00

Carpet

Plumbing (exterior tap

$162.63

Plumbing (exterior tap

Cleaning

$1,200.00

Cleaning

Filing fee reimbursement

$20.44

27. I accept that the fence was damaged during the tenancy and the landlord has incurred the cost of replacing the fence.

Net award

$25,370.22

Total payable by Tenant to Landlord

$25,370.22

Reasons

Background

The tenancy began on 25 May 2020.

The tenant abandoned the tenancy in or around March 2024. The rent was in arrears at that time.

The premises were left in a damaged and very untidy state. Parts of the premises were removed during the tenancy, including the car port, a garden shed, the gate, and parts of the fence.

The landlord’s application seeks rent arrears, change of locks, cleaning, rubbish removal, repairs, painting, and replacement costs.

The hearing took place by phone on 21 October 2024. [The landlord/s] participated in the hearing. The tenant could not be contacted by phone. The hearing proceeded in the absence of the tenant. Rent arrears

[The landlord/s] was notified by neighbours that the tenant had left the property.

Tenants must give notice to end a periodic tenancy. If a tenant abandons a tenancy, they are liable for rent arrears for up to 28-days from the date that the landlord discovered the abandonment.

[The landlord/s] is seeking rent arrears to 15 April 2024. This is within 28-days of the date that [The landlord/s] became aware of the abandonment. The amount of arrears to 15 April 2024 is proven by the landlord’s rent record. Locks, cleaning, rubbish removal

At the end of the tenancy the tenant must return all keys, remove all rubbish, and leave the premises reasonably clean and tidy. 1

The tenant did not return the keys.

[The landlord/s] provided photographs showing the condition of the premises at the end of the tenancy.

The premises were left in a very unclean and untidy state. There was rubbish left inside and outside the house.

The cost of rubbish removal and dumping (per a quote from [property maintenance company]) is proven. [The landlord/s] confirmed that [property maintenance company] completed the work and the cost was per their quote. 1 Section 40(1)(e) Residential Tenancies Act 1986 (“RTA”)

[The landlord/s] carried out the cleaning themselves. Landlords are entitled to reasonable compensation for necessary cleaning or repair work. [The landlord/s] did not provide any details of the work or a breakdown of her work. [The landlord/s] photographs show that substantial cleaning was necessary to return the premises to a reasonably clean and tidy standard.

I will award $1,200.00, representing 40 hours at $30 per hour. Damage

The damage during the tenancy included: a. Numerous holes in walls. b. Damage to doors. c. Writing on walls. d. Broken windows. e. Damage and stains to carpet. f. Damage to exterior tap.

The claim seeks: a. Repairs to walls and doors $828.00 per an invoice from [property maintenance company]. The cost, for repair of six holes and replacement of two doors, is proven and is fair and reasonable having regard to the landlord’s photographs. b. Painting of interior throughout house, $10,000.00 per a quote from [property maintenance company]. [The landlord/s] photographs show that the extent of damage to the walls (holes, writing) necessitated re-painting of the interior. The age of the existing paint is not known. [The landlord/s] said that they purchased the house not long before the start of this tenancy. She said that it was not newly painted when they bought it, but the house was in good and tidy condition. There is no entry inspection report or entry photographs. This tenancy lasted nearly four years. I will apply depreciation of 50% to the proven re-painting cost. c. Re-glazing two broken windows. The cost of re-glazing is proven. d. Replacement of the carpet, $4,290.00 per an invoice from [contractor]. [The landlord/s] said that the carpets were heavily stained and smelled bad. Most of [The landlord/s] end of tenancy photographs show the premises after the carpet was removed. There are few photographs show parts of the carpet when it was still in place, and staining is visible on those photographs. As noted above, there is no entry inspection report or photographs showing the condition of the carpet at the start of the tenancy. I can give some weight to [The landlord/s] oral evidence, but it is appropriate to take a cautious approach given the lack of photographs or inspection reports, and also given that the hearing proceeded in the absence of the tenant. I will award 10% of the carpet replacement cost. e. Plumbing costs totalling $564.04 per two invoices from [plumber]. One of the invoices relates to repairs to the shower mixer and a leak from the hot water cylinder. There is no evidence to suggest that this is tenant damage. The other invoice includes replacement of the exterior tap that the tenant removed, but also other work that appears to be maintenance rather than tenant damage. I will award half of the cost of that invoice. Missing items

All of the curtains were missing at the end of the tenancy. The cost of replacing the curtains was $748.34. The claim is proven. I will apply deprecation of 50% to the replacement cost claimed.

The garden shed, the entry gate, the carport, and most of the fence at the front of the property were also missing. The metal legs on the carport had been cut in order to remove it. The gate was farm style gate. The front fence was a

5m wooden paling fence.

Tenants are not liable for damage that is caused by anyone who enters the premises without their consent. [The landlord/s] has no information about what happened near the end of Ms Pedersen’s tenancy. She speculated that Ms Pedersen may have sold these items.

Ultimately [The landlord/s] does not have to prove that Ms Pedersen was responsible. She only has to prove that the damage occurred during Ms Pedersen’s tenancy. Ms Pedersen then has the burden of proof if she wants to avoid liability by providing evidence that the damage was caused by someone who entered the premises without her consent. 2

[The landlord/s] has proven that the damage occurred during the period of the tenancy. The tenancy did not end when Ms Pedersen abandoned the premises.

There is no evidence to show that the damage was caused by someone who entered the premises without Ms Pedersen’s consent. 2 Section 49B RTA

Therefore, Ms Pedersen is liable for the loss suffered by the landlord.

[The landlord/s] provided evidence of the cost of purchasing a replacement carport, garden shed, and gate. I will not apply depreciation to the new replacement costs because these are chattels that have a long lifespan. The claim does not include the cost of establishing the shed and carport on site.

The information about the fence is less clear. I understand that many of the palings were removed. There are no photographs of this. The claim seeks the cost of replacing the fence, not repairing it. [The landlord/s] said that this is because the fence structure was damaged when the palings for forcibly removed. There is no other evidence in support of this such as photographs or a statement from the builder. The claim seeks the cost of building a new 1.5m paling fence ($2,484.00 per an invoice from [property maintenance company]). The existing fence (before it was damaged) was sound, but basic. I was not provided with any photographs of the new fence.

I accept that the fence was damaged during the tenancy and the landlord has incurred the cost of replacing the fence. However, given the lack of evidence it is appropriate to take a cautious approach to the extent of the tenant’s liability for that new replacement cost. I will award one-third of the cost claimed. Filing fee, bond, name suppression

The landlord has been successful in this application. I will award the landlord the filing fee. 3 The request for name suppression is granted. 4

The bond will be released to the landlord.

Claims and awards in Tenancy Tribunal application 4900845 — net $25,370.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 April 2024 (incudes rent in lieu of notice for abandonment	$12,880.00	2024. This is within 28-days of the date that [The landlord/s] became aware of the abandonment.
Lock/key replacement and re-glazing broken windows	$473.98	Lock/key replacement and re-glazing broken windows
Rubbish removal	$1,000.00	Rubbish removal
Repairs: Holes in walls, damage to doors	$828.00	Repairs: Holes in walls, damage to doors
Painting	$5,000.00	Painting
Replace missing gate	$585.00	Replace missing gate
Replace garden shed	$990.00	Replace garden shed
Replace car port	$2,399.00	Replace car port
Reinstate fence	$828.00	Reinstate fence
Replace curtains	$374.17	Replace curtains
Compensation: Carpet	$429.00	Carpet
Plumbing (exterior tap	$162.63	Plumbing (exterior tap
Cleaning	$1,200.00	Cleaning
Filing fee reimbursement	$20.44	27. I accept that the fence was damaged during the tenancy and the landlord has incurred the cost of replacing the fence.
Net award	$25,370.22
Total payable by Tenant to Landlord	$25,370.22

Claims and awards in Tenancy Tribunal application 4900845 — net $25,370.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 15 April 2024 (incudes rent in lieu of notice for abandonment

$12,880.00

2024. This is within 28-days of the date that [The landlord/s] became aware of the abandonment.

Lock/key replacement and re-glazing broken windows

$473.98

Lock/key replacement and re-glazing broken windows

Rubbish removal

$1,000.00

Rubbish removal

Repairs: Holes in walls, damage to doors

$828.00

Repairs: Holes in walls, damage to doors

Painting

$5,000.00

Painting

Replace missing gate

$585.00

Replace missing gate

Replace garden shed

$990.00

Replace garden shed

Replace car port

$2,399.00

Replace car port

Reinstate fence

$828.00

Reinstate fence

Replace curtains

$374.17

Replace curtains

Compensation: Carpet

$429.00

Carpet

Plumbing (exterior tap

$162.63

Plumbing (exterior tap

Cleaning

$1,200.00

Cleaning

Filing fee reimbursement

$20.44

27. I accept that the fence was damaged during the tenancy and the landlord has incurred the cost of replacing the fence.

Net award

$25,370.22

Total payable by Tenant to Landlord

$25,370.22

Reasons

Background

The tenancy began on 25 May 2020.

The tenant abandoned the tenancy in or around March 2024. The rent was in arrears at that time.

The premises were left in a damaged and very untidy state. Parts of the premises were removed during the tenancy, including the car port, a garden shed, the gate, and parts of the fence.

The landlord’s application seeks rent arrears, change of locks, cleaning, rubbish removal, repairs, painting, and replacement costs.

[The landlord/s] was notified by neighbours that the tenant had left the property.

Tenants must give notice to end a periodic tenancy. If a tenant abandons a tenancy, they are liable for rent arrears for up to 28-days from the date that the landlord discovered the abandonment.

At the end of the tenancy the tenant must return all keys, remove all rubbish, and leave the premises reasonably clean and tidy. 1

The tenant did not return the keys.

[The landlord/s] provided photographs showing the condition of the premises at the end of the tenancy.

The premises were left in a very unclean and untidy state. There was rubbish left inside and outside the house.

I will award $1,200.00, representing 40 hours at $30 per hour. Damage

The damage during the tenancy included: a. Numerous holes in walls. b. Damage to doors. c. Writing on walls. d. Broken windows. e. Damage and stains to carpet. f. Damage to exterior tap.

All of the curtains were missing at the end of the tenancy. The cost of replacing the curtains was $748.34. The claim is proven. I will apply deprecation of 50% to the replacement cost claimed.

5m wooden paling fence.

[The landlord/s] has proven that the damage occurred during the period of the tenancy. The tenancy did not end when Ms Pedersen abandoned the premises.

There is no evidence to show that the damage was caused by someone who entered the premises without Ms Pedersen’s consent. 2 Section 49B RTA

Therefore, Ms Pedersen is liable for the loss suffered by the landlord.

The landlord has been successful in this application. I will award the landlord the filing fee. 3 The request for name suppression is granted. 4

The bond will be released to the landlord.

Tenancy Tribunal case 4900845 — Rent arrears

At a glance

Tenancy Tribunal case 4900845 — Rent arrears

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