What was Tenancy Tribunal case 4903544 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 4903544?

Cleaning: $1,350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Kitchen Vinyl: $1,776.67 awarded to landlord; Property Damage: $8,000.00 awarded to landlord; Property Damage: $1,063.75 awarded to landlord; Property Damage: $114.66 awarded to landlord; Rent Arrears: $10,932.00 awarded to landlord; Replace Curtains: $790.67 awarded to landlord; Rubbish Removal: $1,322.50 awarded to landlord; Property Damage: $185.64 awarded to landlord

What type of tenancy dispute was case 4903544?

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

Where can I read the official tribunal order for case 4903544?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10696718-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4903544 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 4903544?

Cleaning: $1,350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Kitchen Vinyl: $1,776.67 awarded to landlord; Property Damage: $8,000.00 awarded to landlord; Property Damage: $1,063.75 awarded to landlord; Property Damage: $114.66 awarded to landlord; Rent Arrears: $10,932.00 awarded to landlord; Replace Curtains: $790.67 awarded to landlord; Rubbish Removal: $1,322.50 awarded to landlord; Property Damage: $185.64 awarded to landlord

What type of tenancy dispute was case 4903544?

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

Where can I read the official tribunal order for case 4903544?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10696718-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4903544 — Property damage

Reasons

Background

Claims and awards in Tenancy Tribunal application 4903544 — net $23,636.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 May 2024 (includes rent in lieu of notice for abandonment	$10,932.00	10. The landlord’s rent record establishes rent arrears of $10,932.00 to 6 May 2024 which is 28-days from the date that the landlord discovered that the premis…
Carpet and vinyl replacement	$1,776.67	Carpet and vinyl replacement
Repairs to walls and painting	$8,000.00	Repairs to walls and painting
Replace damaged fence	$1,063.75	Replace damaged fence
Lock/key replacement	$114.66	Lock/key replacement
Window repairs: Cracked window in bedroom	$185.64	Window repairs: Cracked window in bedroom
Replace curtains	$790.67	Replace curtains
Rubbish removal, wall repairs	$1,322.50	Rubbish removal, wall repairs
Cleaning	$1,350.00	18. On the evidence provided I will award 45 hours of cleaning at $30 per hour.
Filing fee reimbursement	$20.44	37. I will award: a.
Net award	$23,636.33
Total payable by Tenant to Landlord	$23,636.33

The tenancy began on 14 September 2020.

The rent payments stopped in late December 2023.

In April 2024, the landlord was advised by neighbours that the tenant had left the property.

This was later confirmed by the tenant’s mother.

When the landlord re-took possession, the premises were in a very untidy and badly damaged state.

The landlord’s application seeks rent arrears, repair costs, replacement of carpet and vinyl, cleaning, rubbish removal, and change of locks costs.

The hearing took place by phone on 12 August 2024. [The landlord/s] participated in the hearing. I was unable to contact the tenant. Rent arrears

Tenants must give 28-days’ notice to the landlord to terminate a tenancy.

If a tenant leaves the tenancy without giving notice, they have abandoned it. Tenants are liable for rent to the date that is 28-days from the date that the landlord discovered the abandonment 1 .

The landlord’s rent record establishes rent arrears of $10,932.00 to 6 May 2024 which is 28-days from the date that the landlord discovered that the premises were abandoned. Cleaning and rubbish removal, change of locks

Tenants must leave the premises reasonably clean and tidy, remove all rubbish, and return the keys at the end of the tenancy 2 .

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

The premises were very unclean and untidy. The tenant had abandoned various belongings at the premises, including large items of furniture. The tenant’s mother confirmed to the landlord that anything left at the premises could be disposed of. 1 Section 61(3)(a)(i) Residential Tenancies Act 1986 (“RTA”) 2 Section 40(1)(e) RTA

The claim seeks $1,125.00 for rubbish removal per an invoice from [maintenance company].

[The landlord/s] photographs show at least one large skip bin load of rubbish left at the property.

The amount claimed, including labour and disposal costs, is fair and reasonable.

[The landlord/s] carried out the cleaning herself with the assistance of friends. The claim seeks 50 hours of cleaning at $45 per hour.

On the evidence provided I will award 45 hours of cleaning at $30 per hour.

The keys were not returned at the end of the tenancy. The cost of changing the locks is proven. Carpet and vinyl

The claim seeks the cost of replacing the carpet and replacing the vinyl in the kitchen and bathroom.

[The landlord/s] said that the carpet and vinyl were new at the beginning of this tenancy in 2020.

[The landlord/s] said that: a. The carpet was badly stained and had a strong smell of dog. b. There was damage to the carpet in some areas. c. The vinyl was damaged, including burn damage to the vinyl in the bathroom.

This was supported, to some extent, by the photographs provided to the Tribunal. The photographs do not show much of the carpet (the tenant’s belongings were still in the house when the photographs were taken). One photograph shows damage to the edge of the carpet near the entrance to the kitchen, consistent with pet damage. The stains described by [The landlord/s] are not visible in the photographs.

There are a few photographs of the flooring the in the kitchen and bathroom.

The information provided is sufficient to show that there was damage to carpet and vinyl, beyond wear and tear during the tenancy.

However, it is appropriate to take a cautious approach having regard to the relatively limited amount of evidence provided to support a claim for the complete replacement of the carpet and vinyl.

Balancing these factors, I will award one-third of the proven replacement costs. Damage

Tenants are liable for damage beyond fair wear that occurs during the period of the tenancy.

[The landlord/s] photographs show that there was significant damage to walls and doors during this tenancy. There are holes of varying sizes in the walls throughout the house. The damage is clearly intentional damage.

The claim seeks the cost of repairing the walls and re-painting the interior.

I accept that the extent of damage to walls was such that it was necessary to completely re-paint the interior after repairs.

The walls were painted before the start of this tenancy.

The other proven damage is: a. Part of the fence fallen down. b. Cracked pane in window in bedroom. c. Curtains pulled down or missing.

The damaged fence is part of a wooden boundary fence. I have no information about what happened to the fence, but [The landlord/s] confirmed that the tenant did not inform her that the fence was damaged by someone else (such as the neighbour), or that it was damaged in bad weather.

If damage beyond fair wear and tear occurs during the period of the tenancy, the tenant has the burden of proof to establish that the damage was caused by something other than a careless or intentional act by them or by anyone who is at the premises with their consent.

Applying these principles, my finding is that the tenant is liable for the damage to the fence.

I will award: a. $8,000.00 for repairs and painting. This is 80% of the [maintenance company]’s invoice. I have made an adjustment allowing for depreciation on the painting work. b. $1063.75 for repairing the fence per the invoice from [maintenance company]. c. $185.64 for re-glazing the window per the invoice from [glazier]. d. $790.67 for replacing the curtains. This is two-thirds of the cost of replacing the curtains. I have made an adjustment allowing for depreciation. Filing fee, bond, name suppression

The proven claim exceeds the bond. The bond will be released to the tenant.

The landlord has been successful in this application. I will award the landlord the filing fee of $20.44 3 . Name suppression is granted to the landlord.

Claims and awards in Tenancy Tribunal application 4903544 — net $23,636.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 May 2024 (includes rent in lieu of notice for abandonment	$10,932.00	10. The landlord’s rent record establishes rent arrears of $10,932.00 to 6 May 2024 which is 28-days from the date that the landlord discovered that the premis…
Carpet and vinyl replacement	$1,776.67	Carpet and vinyl replacement
Repairs to walls and painting	$8,000.00	Repairs to walls and painting
Replace damaged fence	$1,063.75	Replace damaged fence
Lock/key replacement	$114.66	Lock/key replacement
Window repairs: Cracked window in bedroom	$185.64	Window repairs: Cracked window in bedroom
Replace curtains	$790.67	Replace curtains
Rubbish removal, wall repairs	$1,322.50	Rubbish removal, wall repairs
Cleaning	$1,350.00	18. On the evidence provided I will award 45 hours of cleaning at $30 per hour.
Filing fee reimbursement	$20.44	37. I will award: a.
Net award	$23,636.33
Total payable by Tenant to Landlord	$23,636.33

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details. 2. 3.

Reasons

Background

The tenancy began on 14 September 2020.
The rent payments stopped in late December 2023.
In April 2024, the landlord was advised by neighbours that the tenant had left the property.
This was later confirmed by the tenant’s mother.
When the landlord re-took possession, the premises were in a very untidy and badly damaged state.
The landlord’s application seeks rent arrears, repair costs, replacement of carpet and vinyl, cleaning, rubbish removal, and change of locks costs.
The hearing took place by phone on 12 August 2024. [The landlord/s] participated in the hearing. I was unable to contact the tenant. Rent arrears
Tenants must give 28-days’ notice to the landlord to terminate a tenancy.
If a tenant leaves the tenancy without giving notice, they have abandoned it. Tenants are liable for rent to the date that is 28-days from the date that the landlord discovered the abandonment 1 .
The landlord’s rent record establishes rent arrears of $10,932.00 to 6 May 2024 which is 28-days from the date that the landlord discovered that the premises were abandoned. Cleaning and rubbish removal, change of locks
Tenants must leave the premises reasonably clean and tidy, remove all rubbish, and return the keys at the end of the tenancy 2 .
[The landlord/s] provided photographs showing the condition of the premises at the end of the tenancy.
The premises were very unclean and untidy. The tenant had abandoned various belongings at the premises, including large items of furniture. The tenant’s mother confirmed to the landlord that anything left at the premises could be disposed of. 1 Section 61(3)(a)(i) Residential Tenancies Act 1986 (“RTA”) 2 Section 40(1)(e) RTA
The claim seeks $1,125.00 for rubbish removal per an invoice from [maintenance company].
[The landlord/s] photographs show at least one large skip bin load of rubbish left at the property.
The amount claimed, including labour and disposal costs, is fair and reasonable.
[The landlord/s] carried out the cleaning herself with the assistance of friends. The claim seeks 50 hours of cleaning at $45 per hour.
On the evidence provided I will award 45 hours of cleaning at $30 per hour.
The keys were not returned at the end of the tenancy. The cost of changing the locks is proven. Carpet and vinyl
The claim seeks the cost of replacing the carpet and replacing the vinyl in the kitchen and bathroom.
[The landlord/s] said that the carpet and vinyl were new at the beginning of this tenancy in 2020.
[The landlord/s] said that: a. The carpet was badly stained and had a strong smell of dog. b. There was damage to the carpet in some areas. c. The vinyl was damaged, including burn damage to the vinyl in the bathroom.
This was supported, to some extent, by the photographs provided to the Tribunal. The photographs do not show much of the carpet (the tenant’s belongings were still in the house when the photographs were taken). One photograph shows damage to the edge of the carpet near the entrance to the kitchen, consistent with pet damage. The stains described by [The landlord/s] are not visible in the photographs.
There are a few photographs of the flooring the in the kitchen and bathroom.
The information provided is sufficient to show that there was damage to carpet and vinyl, beyond wear and tear during the tenancy.
However, it is appropriate to take a cautious approach having regard to the relatively limited amount of evidence provided to support a claim for the complete replacement of the carpet and vinyl.
Balancing these factors, I will award one-third of the proven replacement costs. Damage
Tenants are liable for damage beyond fair wear that occurs during the period of the tenancy.
[The landlord/s] photographs show that there was significant damage to walls and doors during this tenancy. There are holes of varying sizes in the walls throughout the house. The damage is clearly intentional damage.
The claim seeks the cost of repairing the walls and re-painting the interior.
I accept that the extent of damage to walls was such that it was necessary to completely re-paint the interior after repairs.
The walls were painted before the start of this tenancy.
The other proven damage is: a. Part of the fence fallen down. b. Cracked pane in window in bedroom. c. Curtains pulled down or missing.
The damaged fence is part of a wooden boundary fence. I have no information about what happened to the fence, but [The landlord/s] confirmed that the tenant did not inform her that the fence was damaged by someone else (such as the neighbour), or that it was damaged in bad weather.
If damage beyond fair wear and tear occurs during the period of the tenancy, the tenant has the burden of proof to establish that the damage was caused by something other than a careless or intentional act by them or by anyone who is at the premises with their consent.
Applying these principles, my finding is that the tenant is liable for the damage to the fence.
I will award: a. $8,000.00 for repairs and painting. This is 80% of the [maintenance company]’s invoice. I have made an adjustment allowing for depreciation on the painting work. b. $1063.75 for repairing the fence per the invoice from [maintenance company]. c. $185.64 for re-glazing the window per the invoice from [glazier]. d. $790.67 for replacing the curtains. This is two-thirds of the cost of replacing the curtains. I have made an adjustment allowing for depreciation. Filing fee, bond, name suppression
The proven claim exceeds the bond. The bond will be released to the tenant.
The landlord has been successful in this application. I will award the landlord the filing fee of $20.44 3 . Name suppression is granted to the landlord.

Tenancy Tribunal case 4903544 — Property damage

At a glance

Tenancy Tribunal case 4903544 — 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