What was the outcome of Tenancy Tribunal case 4948433?

The tribunal order states: Gerald William Cahill must pay Otautahi Community Housing Trust $8,599.68

How much money was awarded in case 4948433?

Cleaning: $665.39 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Kitchen Vinyl: $57.50 awarded to landlord; Kitchen Vinyl: $575.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Reglaze Aluminium Window: $316.70 awarded to landlord; Reglaze Exterior Window: $1,150.00 awarded to landlord; Reglaze Timber Door: $218.29 awarded to landlord; Remove Lounge And Bedroom Carpet: $115.00 awarded to landlord; Rent Credit: $232.15 awarded to tenant; Replace Bathroom Door: $298.01 awarded to landlord; Replace Kitchen Drawer: $115.00 awarded to landlord; Rubbish Removal: $4,567.21 awarded to landlord; Rubbish Removal: $764.23 awarded to landlord

What type of tenancy dispute was case 4948433?

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

Where can I read the official tribunal order for case 4948433?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10828932-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4948433?

The tribunal order states: Gerald William Cahill must pay Otautahi Community Housing Trust $8,599.68

How much money was awarded in case 4948433?

Cleaning: $665.39 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Kitchen Vinyl: $57.50 awarded to landlord; Kitchen Vinyl: $575.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Reglaze Aluminium Window: $316.70 awarded to landlord; Reglaze Exterior Window: $1,150.00 awarded to landlord; Reglaze Timber Door: $218.29 awarded to landlord; Remove Lounge And Bedroom Carpet: $115.00 awarded to landlord; Rent Credit: $232.15 awarded to tenant; Replace Bathroom Door: $298.01 awarded to landlord; Replace Kitchen Drawer: $115.00 awarded to landlord; Rubbish Removal: $4,567.21 awarded to landlord; Rubbish Removal: $764.23 awarded to landlord

What type of tenancy dispute was case 4948433?

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

Where can I read the official tribunal order for case 4948433?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10828932-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5, 10 Martindales Road, Heathcote Valley, Tenancy Tribunal Case 4948433 — Property damage

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Unit/Flat 5, 10 Martindales Road, Heathcote Valley, Tenancy Tribunal Case 4948433 — 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 4948433 — net $8,599.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Replace damaged benchtop	$230.00		Replace damaged benchtop
Reglaze exterior window	$1,150.00		Reglaze exterior window
Remove kitchen and bathroom vinyl	$57.50		Remove kitchen and bathroom vinyl
Remove lounge and bedroom carpet	$115.00		Remove lounge and bedroom carpet
Reglaze timber door	$218.29		Reglaze timber door
Lock/key replacement	$172.50		Lock/key replacement
Replace kitchen drawer	$115.00		Replace kitchen drawer
Replace bathroom door	$298.01		Replace bathroom door
Reglaze aluminium window	$316.70		Reglaze aluminium window
Re-lay kitchen and bathroom vinyl	$575.00		Re-lay kitchen and bathroom vinyl
Interior rubbish removal	$4,567.21		Interior rubbish removal
Biohazard pre cleaning charge	$665.39		Biohazard pre cleaning charge
Exterior rubbish removal	$764.23		Exterior rubbish removal
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent credit		$232.15	Rent credit
Bond received by landlord		$440.00	Bond received by landlord
Total award	$9,271.83	$672.15
Net award	$8,599.68
Total payable by Tenant to Landlord	$8,599.68

Claims and awards for application 4948433 — net $8,599.68 NZD. Verify on MoJ.

Replace damaged benchtop

Amount: $230.00
Awarded to: Landlord
Reason: Replace damaged benchtop

Reglaze exterior window

Amount: $1,150.00
Awarded to: Landlord
Reason: Reglaze exterior window

Remove kitchen and bathroom vinyl

Amount: $57.50
Awarded to: Landlord
Reason: Remove kitchen and bathroom vinyl

Remove lounge and bedroom carpet

Amount: $115.00
Awarded to: Landlord
Reason: Remove lounge and bedroom carpet

Reglaze timber door

Amount: $218.29
Awarded to: Landlord
Reason: Reglaze timber door

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Gerald William Cahill must pay Otautahi Community Housing Trust $8,599.68 immediately, calculated as shown in table below:

Reasons

Mr Waters represented the landlord together with other landlord representatives. The tenant did not attend the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. Deductions
There is a rent credit of $232.15. The landlord has also received the bond. I have deducted those amounts from the landlord’s proven claims. The landlord may now apply the rent credit to the costs it incurred after the tenancy ended.

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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The amount of rubbish that had to be removed was considerable – the interior rubbish alone amounted to 29mᶟ. A preliminary biohazard clean was required before any work could be done.
The tenant did not return the keys.

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 following damage was caused during the tenancy. There was significant damage to the stainless-steel kitchen benchtop, a kitchen drawer, windows, and doors. The kitchen and bathroom vinyl and the lounge and bedroom carpet were damaged beyond cleaning or repair.
Both the vinyl and carpet had to be removed and replaced. The landlord has not claimed for the cost of carpet replacement.
The damage is well beyond fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by an invoice, a scope of repairs, photos, and by the evidence the landlord’s representatives gave at the hearing.
The landlord has not claimed for all the costs incurred or for all the work that was required to be done. I am satisfied that the landlord has properly taken account of depreciation and betterment.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

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 4948433 — net $8,599.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Replace damaged benchtop	$230.00		Replace damaged benchtop
Reglaze exterior window	$1,150.00		Reglaze exterior window
Remove kitchen and bathroom vinyl	$57.50		Remove kitchen and bathroom vinyl
Remove lounge and bedroom carpet	$115.00		Remove lounge and bedroom carpet
Reglaze timber door	$218.29		Reglaze timber door
Lock/key replacement	$172.50		Lock/key replacement
Replace kitchen drawer	$115.00		Replace kitchen drawer
Replace bathroom door	$298.01		Replace bathroom door
Reglaze aluminium window	$316.70		Reglaze aluminium window
Re-lay kitchen and bathroom vinyl	$575.00		Re-lay kitchen and bathroom vinyl
Interior rubbish removal	$4,567.21		Interior rubbish removal
Biohazard pre cleaning charge	$665.39		Biohazard pre cleaning charge
Exterior rubbish removal	$764.23		Exterior rubbish removal
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent credit		$232.15	Rent credit
Bond received by landlord		$440.00	Bond received by landlord
Total award	$9,271.83	$672.15
Net award	$8,599.68
Total payable by Tenant to Landlord	$8,599.68

Claims and awards for application 4948433 — net $8,599.68 NZD. Verify on MoJ.

Replace damaged benchtop

Amount: $230.00
Awarded to: Landlord
Reason: Replace damaged benchtop

Reglaze exterior window

Amount: $1,150.00
Awarded to: Landlord
Reason: Reglaze exterior window

Remove kitchen and bathroom vinyl

Amount: $57.50
Awarded to: Landlord
Reason: Remove kitchen and bathroom vinyl

Remove lounge and bedroom carpet

Amount: $115.00
Awarded to: Landlord
Reason: Remove lounge and bedroom carpet

Reglaze timber door

Amount: $218.29
Awarded to: Landlord
Reason: Reglaze timber door

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Gerald William Cahill must pay Otautahi Community Housing Trust $8,599.68 immediately, calculated as shown in table below:

Reasons

Mr Waters represented the landlord together with other landlord representatives. The tenant did not attend the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. Deductions
There is a rent credit of $232.15. The landlord has also received the bond. I have deducted those amounts from the landlord’s proven claims. The landlord may now apply the rent credit to the costs it incurred after the tenancy ended.

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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The amount of rubbish that had to be removed was considerable – the interior rubbish alone amounted to 29mᶟ. A preliminary biohazard clean was required before any work could be done.
The tenant did not return the keys.

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 following damage was caused during the tenancy. There was significant damage to the stainless-steel kitchen benchtop, a kitchen drawer, windows, and doors. The kitchen and bathroom vinyl and the lounge and bedroom carpet were damaged beyond cleaning or repair.
Both the vinyl and carpet had to be removed and replaced. The landlord has not claimed for the cost of carpet replacement.
The damage is well beyond fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by an invoice, a scope of repairs, photos, and by the evidence the landlord’s representatives gave at the hearing.
The landlord has not claimed for all the costs incurred or for all the work that was required to be done. I am satisfied that the landlord has properly taken account of depreciation and betterment.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 4948433 — Property damage at Unit/Flat 5, 10 Martindales Road, Heathcote Valley,

At a glance

Tenancy Tribunal case 4948433 — Property damage at Unit/Flat 5, 10 Martindales Road, Heathcote Valley,

At a glance

Award balance

Claims & awards

Order

Reasons

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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Property management

Frequently asked questions