What was Tenancy Tribunal case 4928433 about?

The tribunal order states: Sean Christopher Good to pay [The landlord/s] $1,944.15 from the bond,

How much money was awarded in case 4928433?

Cleaning: $63.25 awarded to landlord; Dispose Old Oven And Install New Ove…: $264.50 awarded to landlord; Property Damage: $224.25 awarded to landlord; Rent Arrears: $216.43 awarded to landlord; Holes In Hallway And Bedroom: $632.50 awarded to landlord; Rubbish Removal: $330.50 awarded to landlord; Water Rates: $212.72 awarded to landlord

What type of tenancy dispute was case 4928433?

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

Where can I read the official tribunal order for case 4928433?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11030625-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4928433 about?

The tribunal order states: Sean Christopher Good to pay [The landlord/s] $1,944.15 from the bond,

How much money was awarded in case 4928433?

Cleaning: $63.25 awarded to landlord; Dispose Old Oven And Install New Ove…: $264.50 awarded to landlord; Property Damage: $224.25 awarded to landlord; Rent Arrears: $216.43 awarded to landlord; Holes In Hallway And Bedroom: $632.50 awarded to landlord; Rubbish Removal: $330.50 awarded to landlord; Water Rates: $212.72 awarded to landlord

What type of tenancy dispute was case 4928433?

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

Where can I read the official tribunal order for case 4928433?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11030625-Tribunal_Order_Redacted.pdf.

101 Ireland Road, Mount Wellington, Auckland 1060 Tenancy Tribunal Case 4928433 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4928433 — net $1,944.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 May 2024	$216.43	Rent arrears to 6 May 2024
Water rates	$212.72	Water rates
Dispose old oven and install new oven	$264.50	Dispose old oven and install new oven
Repairs: Holes in hallway and bedroom	$632.50	Repairs: Holes in hallway and bedroom
Lock/key replacement	$224.25	Lock/key replacement
Cleaning: Garage	$63.25	Cleaning: Garage
Rubbish removal	$330.50	Rubbish removal
Net award	$1,944.15
Total payable by Tenant to Landlord	$1,944.15

The landlord attended the hearing.

The tenancy agreement lists two tenants. At the hearing, the landlord confirmed that they only wished to pursue their application against Sean Christopher Good. Mr Good did not attend the hearing.

The landlord has applied for rent arrears, outstanding water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

As the applicant, the landlord must prove each claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent and water rates?

The tenancy ended on 6 May 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. Rent arrears totalled $216.43. Outstanding water rates totalled $212.72.

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

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The landlord sought compensation for the following matters: a. Key/lock replacement b. General cleaning and rubbish removal from the inside of the property c. Cleaning and rubbish removal from the garage and outside the property

I deal with each claim in turn below. Key/lock replacement

The landlord gave evidence that the tenant did not return the keys at the end of the tenancy. An invoice for $224.25 was produced from Stone Locksmith.

I accept the landlord’s evidence and order the tenant to pay the landlord compensation of $224.25 for key and lock replacement. General cleaning and rubbish removal from inside the property

The landlord sought compensation of $322.00 (including GST) for cleaning the inside of the property and rubbish removal.

The landlord did not submit photographs of the inside of the property at the end of the tenancy.

The landlord has not proven that the tenant left rubbish inside the premises or left the inside of the premises in an unreasonably clean and tidy state. The landlord’s claim for compensation for cleaning and rubbish removal from inside the property is dismissed. Cleaning and rubbish removal from the garage and outside the property

The landlord sought compensation of $333.50 (including GST) for rubbish removal from the garage and outside the property, and $63.25 (including GST) for cleaning the garage.

The landlord provided photographs of the property, including the garage, taken at the beginning of the tenancy. These photographs show the garage in a clean and tidy state. There is no dust or dirt present. There are minimal items in the garage such as a spade, hose and broom.

The landlord provided photographs of the garage taken at the end of the tenancy. These photographs show the garage in a very messy condition. There is a large wooden table with graffiti on it and other miscellaneous items. There is also a lot of dust and dirt.

The landlord provided photographs taken of the outside of the property, which show small amounts of rubbish in the garden.

The landlord provided invoices for $333.50 (including GST) for rubbish removal from the garage and outside the property, and $63.25 (including GST) for cleaning the garage.

The landlord has proven that the tenant did not, on the balance of probabilities, leave the garage in a reasonably clean and tidy state, or remove all rubbish from inside the garage and outside the property. The landlord’s claims for compensation for cleaning the garage and rubbish removal are granted in full.

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 sought compensation of $632.50 (including GST) for repairing holes in the walls of the hallway and bedroom.

The landlord provided photographs of the property taken at the beginning of the tenancy. These photographs do not show any holes in the walls of the hallway or bedrooms. The landlord provided two photographs taken at the end of the tenancy. These photographs show holes in the wall in the hallway and one of the bedrooms. The landlord provided an invoice for $632.50 (including GST) to repair these holes.

Based on the photographs provided by the landlord, I am satisfied on the balance of probabilities that the holes in the walls occurred during this tenancy. The damage is more than fair wear and tear and the tenant has not disproved liability. The landlord’s claim for compensation of $632.50 (including GST) is granted in full.

All the amounts ordered to be paid by the tenant as compensation above are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4928433 — net $1,944.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 May 2024	$216.43	Rent arrears to 6 May 2024
Water rates	$212.72	Water rates
Dispose old oven and install new oven	$264.50	Dispose old oven and install new oven
Repairs: Holes in hallway and bedroom	$632.50	Repairs: Holes in hallway and bedroom
Lock/key replacement	$224.25	Lock/key replacement
Cleaning: Garage	$63.25	Cleaning: Garage
Rubbish removal	$330.50	Rubbish removal
Net award	$1,944.15
Total payable by Tenant to Landlord	$1,944.15

Order

Sean Christopher Good to pay [The landlord/s] $1,944.15 from the bond, calculated as shown in table below.

Reasons

The landlord attended the hearing.
The tenancy agreement lists two tenants. At the hearing, the landlord confirmed that they only wished to pursue their application against Sean Christopher Good. Mr Good did not attend the hearing.
The landlord has applied for rent arrears, outstanding water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove each claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent and water rates?

The tenancy ended on 6 May 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. Rent arrears totalled $216.43. Outstanding water rates totalled $212.72.

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

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord sought compensation for the following matters: a. Key/lock replacement b. General cleaning and rubbish removal from the inside of the property c. Cleaning and rubbish removal from the garage and outside the property
I deal with each claim in turn below. Key/lock replacement
The landlord gave evidence that the tenant did not return the keys at the end of the tenancy. An invoice for $224.25 was produced from Stone Locksmith.
I accept the landlord’s evidence and order the tenant to pay the landlord compensation of $224.25 for key and lock replacement. General cleaning and rubbish removal from inside the property
The landlord sought compensation of $322.00 (including GST) for cleaning the inside of the property and rubbish removal.
The landlord did not submit photographs of the inside of the property at the end of the tenancy.
The landlord has not proven that the tenant left rubbish inside the premises or left the inside of the premises in an unreasonably clean and tidy state. The landlord’s claim for compensation for cleaning and rubbish removal from inside the property is dismissed. Cleaning and rubbish removal from the garage and outside the property
The landlord sought compensation of $333.50 (including GST) for rubbish removal from the garage and outside the property, and $63.25 (including GST) for cleaning the garage.
The landlord provided photographs of the property, including the garage, taken at the beginning of the tenancy. These photographs show the garage in a clean and tidy state. There is no dust or dirt present. There are minimal items in the garage such as a spade, hose and broom.
The landlord provided photographs of the garage taken at the end of the tenancy. These photographs show the garage in a very messy condition. There is a large wooden table with graffiti on it and other miscellaneous items. There is also a lot of dust and dirt.
The landlord provided photographs taken of the outside of the property, which show small amounts of rubbish in the garden.
The landlord provided invoices for $333.50 (including GST) for rubbish removal from the garage and outside the property, and $63.25 (including GST) for cleaning the garage.
The landlord has proven that the tenant did not, on the balance of probabilities, leave the garage in a reasonably clean and tidy state, or remove all rubbish from inside the garage and outside the property. The landlord’s claims for compensation for cleaning the garage and rubbish removal are granted in full.

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 sought compensation of $632.50 (including GST) for repairing holes in the walls of the hallway and bedroom.
The landlord provided photographs of the property taken at the beginning of the tenancy. These photographs do not show any holes in the walls of the hallway or bedrooms. The landlord provided two photographs taken at the end of the tenancy. These photographs show holes in the wall in the hallway and one of the bedrooms. The landlord provided an invoice for $632.50 (including GST) to repair these holes.
Based on the photographs provided by the landlord, I am satisfied on the balance of probabilities that the holes in the walls occurred during this tenancy. The damage is more than fair wear and tear and the tenant has not disproved liability. The landlord’s claim for compensation of $632.50 (including GST) is granted in full.
All the amounts ordered to be paid by the tenant as compensation above are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4928433 — Property damage at 101 Ireland Road, Mount Wellington, Auckland 1060

At a glance

Tenancy Tribunal case 4928433 — Property damage at 101 Ireland Road, Mount Wellington, Auckland 1060

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant 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

Order

Reasons

How much is owed for rent and water rates?

Did the tenant 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