What was Tenancy Tribunal case 4920693 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 4920693?

Cleaning: $253.00 awarded to landlord; Cleaning: $517.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $207.00 awarded to landlord; Property Damage: $437.00 awarded to landlord; Property Damage: $1,035.00 awarded to landlord; Property Damage: $460.00 awarded to landlord; Rent: $70.00 awarded to landlord; Rubbish Removal: $172.50 awarded to landlord; Water Charges To End Of Tenancy: $552.81 awarded to landlord

What type of tenancy dispute was case 4920693?

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

Where can I read the official tribunal order for case 4920693?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11193616-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4920693 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 4920693?

Cleaning: $253.00 awarded to landlord; Cleaning: $517.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $207.00 awarded to landlord; Property Damage: $437.00 awarded to landlord; Property Damage: $1,035.00 awarded to landlord; Property Damage: $460.00 awarded to landlord; Rent: $70.00 awarded to landlord; Rubbish Removal: $172.50 awarded to landlord; Water Charges To End Of Tenancy: $552.81 awarded to landlord

What type of tenancy dispute was case 4920693?

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

Where can I read the official tribunal order for case 4920693?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11193616-Tribunal_Order_Redacted.pdf.

55 Kerrykeel Drive, Flat Bush, Auckland 2019 Tenancy Tribunal Case 4920693 — Property damage

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55 Kerrykeel Drive, Flat Bush, Auckland 2019 Tenancy Tribunal Case 4920693 — 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 4920693 — net $3,725.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 20 May 2024	$70.00	Rent to 20 May 2024
Water charges to end of tenancy	$552.81	Water charges to end of tenancy
Cleaning	$517.50	Cleaning
Carpet Cleaning	$253.00	Carpet Cleaning
Light bulbs/batteries replacement	$207.00	Light bulbs/batteries replacement
Repairs - bedroom door	$437.00	Repairs - bedroom door
Repairs - walls	$1,035.00	Repairs - walls
Rubbish removal	$172.50	Rubbish removal
Repairs - garage door	$460.00	Repairs - garage door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,725.25
Total payable by Tenant to Landlord	$3,725.25

Claims and awards for application 4920693 — net $3,725.25 NZD. Verify on MoJ.

Rent to 20 May 2024

Amount: $70.00
Awarded to: Landlord
Reason: Rent to 20 May 2024

Water charges to end of tenancy

Amount: $552.81
Awarded to: Landlord
Reason: Water charges to end of tenancy

Cleaning

Amount: $517.50
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $253.00
Awarded to: Landlord
Reason: Carpet Cleaning

Light bulbs/batteries replacement

Amount: $207.00
Awarded to: Landlord
Reason: Light bulbs/batteries replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Peter Nand to pay [The landlord/s] $3,725.25 from the bond, calculated as shown in the table below.

Reasons

Both parties attended the hearing on 5 December 2024.
The landlord applied for rent arrears, outgoings. compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent and Water
The tenancy ended on 20 May 2024. The tenant accepted responsibility for rent arrears ($70.00) and water charges ($552.81) which were supported by a rent summary and water invoices. Cleaning and Rubbish Removal
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. The tenant must also replace light bulbs.
The tenant said the premises were not reasonably clean and tidy at the start of the tenancy. The ingoing inspection report does not support this view. The exit inspection report shows some of the kitchen and bathroom cupboards, oven and carpets needed cleaning. Outside, there was some rubbish in a shed. I find that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord said 32 lightbulbs were not working and needed to be replaced. The tenant said the landlord had changed the lighting system so the premises could be sold and was seeking to charge him for improvements relating to the sale. There is an invoice supporting the claim for replacement lightbulbs, which provides sufficient support for an award to be made. The available evidence does not substantiate the tenant’s concern that he was being asked to upgrade the lighting system. Damage
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent. I was told there was no insurance. The weekly rent was $985.00.
The tenant accepted responsibility for the cost of repairs to a damaged bedroom door ($380.00 plus GST) and the cost of patching and painting the walls of a bedroom ($900.00 plus GST). He disputed the cost of replacing a wardrobe door ($420.00 plus GST). I understood the wardrobe door was missing. I cannot locate a photograph showing where the door was missing. I decline to award this replacement cost.
A claim for cleaning and patching the circular stain on the garage carpet was withdrawn at the hearing ($210.00 plus GST). The damage is visible on the ingoing inspection report, so this was pre-existing and not caused by the tenant.
The tenant disputed the cost of a replacement garage door panel ($400.00 plus GST). The bottom of the garage door is dented on the right and left corners in the photographs. The door does not look damaged in the ingoing inspection report, although the damage is minor and may be difficult to see. While the tenant said they had not damaged the door, I find on the balance of probabilities that it was damaged during the tenancy.
The tenant expressed disappointment that he was given a termination notice because the owner wanted to live at the premises, which was instead marketed and sold. The tenant said he was being asked to renovate the premises for that purpose. The invoice for the repairs is undated, however, the tenancy ledger records payment for repairs on 7 June 2024. It is likely the repair work was invoiced and paid for by the landlord, not by the new owner, and does not obviously amount to an upgrade for the purpose of sale.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee and suppression
The landlord’s application has been partly successful.
I award name suppression as requested.

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 4920693 — net $3,725.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 20 May 2024	$70.00	Rent to 20 May 2024
Water charges to end of tenancy	$552.81	Water charges to end of tenancy
Cleaning	$517.50	Cleaning
Carpet Cleaning	$253.00	Carpet Cleaning
Light bulbs/batteries replacement	$207.00	Light bulbs/batteries replacement
Repairs - bedroom door	$437.00	Repairs - bedroom door
Repairs - walls	$1,035.00	Repairs - walls
Rubbish removal	$172.50	Rubbish removal
Repairs - garage door	$460.00	Repairs - garage door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,725.25
Total payable by Tenant to Landlord	$3,725.25

Claims and awards for application 4920693 — net $3,725.25 NZD. Verify on MoJ.

Rent to 20 May 2024

Amount: $70.00
Awarded to: Landlord
Reason: Rent to 20 May 2024

Water charges to end of tenancy

Amount: $552.81
Awarded to: Landlord
Reason: Water charges to end of tenancy

Cleaning

Amount: $517.50
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $253.00
Awarded to: Landlord
Reason: Carpet Cleaning

Light bulbs/batteries replacement

Amount: $207.00
Awarded to: Landlord
Reason: Light bulbs/batteries replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Peter Nand to pay [The landlord/s] $3,725.25 from the bond, calculated as shown in the table below.

Reasons

Both parties attended the hearing on 5 December 2024.
The landlord applied for rent arrears, outgoings. compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent and Water
The tenancy ended on 20 May 2024. The tenant accepted responsibility for rent arrears ($70.00) and water charges ($552.81) which were supported by a rent summary and water invoices. Cleaning and Rubbish Removal
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. The tenant must also replace light bulbs.
The tenant said the premises were not reasonably clean and tidy at the start of the tenancy. The ingoing inspection report does not support this view. The exit inspection report shows some of the kitchen and bathroom cupboards, oven and carpets needed cleaning. Outside, there was some rubbish in a shed. I find that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord said 32 lightbulbs were not working and needed to be replaced. The tenant said the landlord had changed the lighting system so the premises could be sold and was seeking to charge him for improvements relating to the sale. There is an invoice supporting the claim for replacement lightbulbs, which provides sufficient support for an award to be made. The available evidence does not substantiate the tenant’s concern that he was being asked to upgrade the lighting system. Damage
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent. I was told there was no insurance. The weekly rent was $985.00.
The tenant accepted responsibility for the cost of repairs to a damaged bedroom door ($380.00 plus GST) and the cost of patching and painting the walls of a bedroom ($900.00 plus GST). He disputed the cost of replacing a wardrobe door ($420.00 plus GST). I understood the wardrobe door was missing. I cannot locate a photograph showing where the door was missing. I decline to award this replacement cost.
A claim for cleaning and patching the circular stain on the garage carpet was withdrawn at the hearing ($210.00 plus GST). The damage is visible on the ingoing inspection report, so this was pre-existing and not caused by the tenant.
The tenant disputed the cost of a replacement garage door panel ($400.00 plus GST). The bottom of the garage door is dented on the right and left corners in the photographs. The door does not look damaged in the ingoing inspection report, although the damage is minor and may be difficult to see. While the tenant said they had not damaged the door, I find on the balance of probabilities that it was damaged during the tenancy.
The tenant expressed disappointment that he was given a termination notice because the owner wanted to live at the premises, which was instead marketed and sold. The tenant said he was being asked to renovate the premises for that purpose. The invoice for the repairs is undated, however, the tenancy ledger records payment for repairs on 7 June 2024. It is likely the repair work was invoiced and paid for by the landlord, not by the new owner, and does not obviously amount to an upgrade for the purpose of sale.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee and suppression
The landlord’s application has been partly successful.
I award name suppression as requested.

Tenancy Tribunal case 4920693 — Property damage at 55 Kerrykeel Drive, Flat Bush, Auckland 2019

At a glance

Tenancy Tribunal case 4920693 — Property damage at 55 Kerrykeel Drive, Flat Bush, Auckland 2019

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions