What was Tenancy Tribunal case 4916037 about?

The tribunal order states: Joel Dean Davies and Talicia Ashlei-Michael Dunn must pay [The landlord/s]

How much money was awarded in case 4916037?

Cleaning: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Moving Belongings To The Garage: $276.00 awarded to landlord; Property Damage: $700.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Two Wall Holes: $200.00 awarded to landlord

What type of tenancy dispute was case 4916037?

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

Where can I read the official tribunal order for case 4916037?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10770416-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4916037 about?

The tribunal order states: Joel Dean Davies and Talicia Ashlei-Michael Dunn must pay [The landlord/s]

How much money was awarded in case 4916037?

Cleaning: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Moving Belongings To The Garage: $276.00 awarded to landlord; Property Damage: $700.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Two Wall Holes: $200.00 awarded to landlord

What type of tenancy dispute was case 4916037?

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

Where can I read the official tribunal order for case 4916037?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10770416-Tribunal_Order_Redacted.pdf.

2 Wyoming Grove, Totara Park, Upper Hutt 5018 Tenancy Tribunal Case 4916037 — Property damage

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2 Wyoming Grove, Totara Park, Upper Hutt 5018 Tenancy Tribunal Case 4916037 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4916037 — net $2,396.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$600.00	Cleaning
Moving belongings to the garage	$276.00	Moving belongings to the garage
Window repairs	$700.00	Window repairs
Repairs: Two replacement doors at a door	$600.00	Repairs: Two replacement doors at a door
Repairs: Two wall holes	$200.00	Repairs: Two wall holes
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,396.44
Total payable by Tenant to Landlord	$2,396.44

Claims and awards for application 4916037 — net $2,396.44 NZD. Verify on MoJ.

Cleaning

Amount: $600.00
Awarded to: Landlord
Reason: Cleaning

Moving belongings to the garage

Amount: $276.00
Awarded to: Landlord
Reason: Moving belongings to the garage

Window repairs

Amount: $700.00
Awarded to: Landlord
Reason: Window repairs

Repairs: Two replacement doors at a door

Amount: $600.00
Awarded to: Landlord
Reason: Repairs: Two replacement doors at a door

Repairs: Two wall holes

Amount: $200.00
Awarded to: Landlord
Reason: Repairs: Two wall holes

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Joel Dean Davies and Talicia Ashlei-Michael Dunn must pay [The landlord/s] $2,396.44 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

Did the tenants comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenants must leave the premises reasonably clean and tidy. The tenants agreed to pay for cleaning and for moving their belongings from the house into the garage.
The tenants did not agree to pay for carpet cleaning. The landlord had a photo taken at the end of the tenancy showing a stain in the hall and said there were other stains as well. The tenants agreed they stained the hall carpet but said they should not have to pay for carpet cleaning because the carpet was stained and dirty when they moved in.
This is the landlord’s claim to prove. The landlord provided me with photos taken at an ingoing inspection. The date on the inspection is 15 June 2022, which is odd because the tenancy started on 6 June. The house is empty in the photos. This was not raised by the tenants during the tenancy so I have assumed these are a correct representation of the condition at the start of the tenancy. The photos showing the carpets are small and dark and I cannot establish whether the carpet had stains at the start of the tenancy. I do not have enough evidence to allow the claim and it is dismissed.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord has claimed the cost of replacing three doors and repairing other doors. The tenants agreed they broke two doors. They said the other doors were damaged when they moved in. They provided me with messages sent to the landlord during the tenancy asking for repairs to the doors. I have checked the ingoing photos and these do not establish that all the doors were in a reasonable condition at the start of the tenancy. I prefer the tenants’ evidence. The invoice is not itemised. I have estimated the cost of repairing the doors at $300 a door. I note the landlord has used second hand doors.
There is a claim for repairing the walls throughout the house. I have photos of a hole behind a bedroom door and in the laundry, a repair to the lounge wall that needs fixing and stick on stars on a bedroom ceiling. The tenants agreed the hole behind the bedroom door happened during the tenancy. They could not explain the hole in the laundry which would have been behind their washing machine. They said the stars and the damage to the other walls were present when the moved in.
I have checked the ingoing inspection photos. The landlord has proved the hole in the laundry happened during the tenancy. The other photos are not helpful to the landlord’s claim. I find the tenants should pay to repair two holes. The invoice is not itemised so I have estimated an amount for the repairs that seems reasonable to me.
There is a claim for seven glass repairs at the end of the tenancy. The tenants said three windows broke during the tenancy and the other windows in the conservatory were broken when they moved in. They provided me with messages sent during the tenancy asking for broken glass to be fixed. I cannot tell from the ingoing photos if the windows in question were intact at the start of the tenancy. I find the tenants should only pay to replace three windows. The invoice gives an overall price for the repairs so I have estimated an amount that seems fair to me. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4916037 — net $2,396.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$600.00	Cleaning
Moving belongings to the garage	$276.00	Moving belongings to the garage
Window repairs	$700.00	Window repairs
Repairs: Two replacement doors at a door	$600.00	Repairs: Two replacement doors at a door
Repairs: Two wall holes	$200.00	Repairs: Two wall holes
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,396.44
Total payable by Tenant to Landlord	$2,396.44

Claims and awards for application 4916037 — net $2,396.44 NZD. Verify on MoJ.

Cleaning

Amount: $600.00
Awarded to: Landlord
Reason: Cleaning

Moving belongings to the garage

Amount: $276.00
Awarded to: Landlord
Reason: Moving belongings to the garage

Window repairs

Amount: $700.00
Awarded to: Landlord
Reason: Window repairs

Repairs: Two replacement doors at a door

Amount: $600.00
Awarded to: Landlord
Reason: Repairs: Two replacement doors at a door

Repairs: Two wall holes

Amount: $200.00
Awarded to: Landlord
Reason: Repairs: Two wall holes

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Joel Dean Davies and Talicia Ashlei-Michael Dunn must pay [The landlord/s] $2,396.44 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

Did the tenants comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenants must leave the premises reasonably clean and tidy. The tenants agreed to pay for cleaning and for moving their belongings from the house into the garage.
The tenants did not agree to pay for carpet cleaning. The landlord had a photo taken at the end of the tenancy showing a stain in the hall and said there were other stains as well. The tenants agreed they stained the hall carpet but said they should not have to pay for carpet cleaning because the carpet was stained and dirty when they moved in.
This is the landlord’s claim to prove. The landlord provided me with photos taken at an ingoing inspection. The date on the inspection is 15 June 2022, which is odd because the tenancy started on 6 June. The house is empty in the photos. This was not raised by the tenants during the tenancy so I have assumed these are a correct representation of the condition at the start of the tenancy. The photos showing the carpets are small and dark and I cannot establish whether the carpet had stains at the start of the tenancy. I do not have enough evidence to allow the claim and it is dismissed.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord has claimed the cost of replacing three doors and repairing other doors. The tenants agreed they broke two doors. They said the other doors were damaged when they moved in. They provided me with messages sent to the landlord during the tenancy asking for repairs to the doors. I have checked the ingoing photos and these do not establish that all the doors were in a reasonable condition at the start of the tenancy. I prefer the tenants’ evidence. The invoice is not itemised. I have estimated the cost of repairing the doors at $300 a door. I note the landlord has used second hand doors.
There is a claim for repairing the walls throughout the house. I have photos of a hole behind a bedroom door and in the laundry, a repair to the lounge wall that needs fixing and stick on stars on a bedroom ceiling. The tenants agreed the hole behind the bedroom door happened during the tenancy. They could not explain the hole in the laundry which would have been behind their washing machine. They said the stars and the damage to the other walls were present when the moved in.
I have checked the ingoing inspection photos. The landlord has proved the hole in the laundry happened during the tenancy. The other photos are not helpful to the landlord’s claim. I find the tenants should pay to repair two holes. The invoice is not itemised so I have estimated an amount for the repairs that seems reasonable to me.
There is a claim for seven glass repairs at the end of the tenancy. The tenants said three windows broke during the tenancy and the other windows in the conservatory were broken when they moved in. They provided me with messages sent during the tenancy asking for broken glass to be fixed. I cannot tell from the ingoing photos if the windows in question were intact at the start of the tenancy. I find the tenants should only pay to replace three windows. The invoice gives an overall price for the repairs so I have estimated an amount that seems fair to me. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party.

Tenancy Tribunal case 4916037 — Property damage at 2 Wyoming Grove, Totara Park, Upper Hutt 5018

At a glance

Tenancy Tribunal case 4916037 — Property damage at 2 Wyoming Grove, Totara Park, Upper Hutt 5018

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenants comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenants comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions