What was Tenancy Tribunal case 4983169 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 4983169?

Cleaning: $450.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Rent Arrears: $113.92 awarded to landlord; Holes In Wall: $368.00 awarded to landlord; Unblock Shower: $115.00 awarded to landlord; Replace Furnishings: Curtains: $460.00 awarded to landlord; Replace Garage Remote: $219.80 awarded to landlord

What type of tenancy dispute was case 4983169?

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

Where can I read the official tribunal order for case 4983169?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11250126-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4983169 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 4983169?

Cleaning: $450.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Rent Arrears: $113.92 awarded to landlord; Holes In Wall: $368.00 awarded to landlord; Unblock Shower: $115.00 awarded to landlord; Replace Furnishings: Curtains: $460.00 awarded to landlord; Replace Garage Remote: $219.80 awarded to landlord

What type of tenancy dispute was case 4983169?

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

Where can I read the official tribunal order for case 4983169?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11250126-Tribunal_Order_Redacted.pdf.

12 Cellbridge Place, East Tamaki, Auckland 2016 Tenancy Tribunal Case 4983169 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4983169 — net $1,953.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 July 2024	$113.92	Rent arrears to 20 July 2024
Cleaning	$450.00	Cleaning
Lawns and Garden work	$200.00	Lawns and Garden work
Repairs: holes in wall	$368.00	Repairs: holes in wall
Replace garage remote	$219.80	Replace garage remote
Repairs: unblock shower	$115.00	Repairs: unblock shower
Replace furnishings: curtains	$460.00	Replace furnishings: curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,953.72
Total payable by Tenant to Landlord	$1,953.72

The landlord attended the hearing. The tenant did not.

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

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

How much is owed for rent?

The tenancy ended on 20 July 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy, namely $113.92.

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 provided photographs of the property taken at the beginning of the tenancy. These photographs show the property in a very clean and tidy condition. The carpets are clean and free from stains. The lawns are neatly trimmed.

The landlord provided photographs of the property taken at the end of the tenancy, which show the property in a messy condition. There are large stains on the carpet and a small amount of rubbish has been left outside in the yard. The lawns are overgrown.

Based on the photographs provided by the landlord, I find that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord provided invoices for cleaning and lawnmowing. The landlord’s claim for compensation for cleaning is granted for $450.00 and lawnmowing for $200.00.

The landlord gave evidence that the tenant did not return one of two garage remotes at the end of the tenancy. The garage provides internal access to the property. The landlord provided an invoice to replace the missing garage remote for $219.80. Their claim for compensation is granted in full for this amount.

The amounts ordered are proved.

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 provided photographs of the property at the beginning and end of the tenancy. Based on these photographs, I find that the following damage was caused during the tenancy: a. Holes in the wall of one bedroom b. Blocking of the shower drain c. Removal of curtains in the front bedroom, lounge and dining/living room

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord provided invoices to attend to repairing the above damage. The invoice from the plumber was for a total of $160.00 however, this included additional work completed by the plumber. The landlord only sought compensation of $115.00 to unblock the shower. Similarly, the landlord provided an invoice for $800.00 to replace all curtains in the property however, the landlord only sought compensation of $460.00. In doing so, the landlord acknowledged that the tenant was only liable to replace the curtains missing at the end of the tenancy. The landlord gave evidence that the curtains were new at the beginning of the tenancy. The landlord claims that they bought readymade curtains, which they hung themselves.

The landlord’s claims for compensation are granted in full for the following amounts: a. Repair holes in wall$368.00 b. Unblock shower drain$115.00 c. Replace missing curtains$460.00

The amounts ordered 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 wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4983169 — net $1,953.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 July 2024	$113.92	Rent arrears to 20 July 2024
Cleaning	$450.00	Cleaning
Lawns and Garden work	$200.00	Lawns and Garden work
Repairs: holes in wall	$368.00	Repairs: holes in wall
Replace garage remote	$219.80	Replace garage remote
Repairs: unblock shower	$115.00	Repairs: unblock shower
Replace furnishings: curtains	$460.00	Replace furnishings: curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,953.72
Total payable by Tenant to Landlord	$1,953.72

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Joyce L Viani and Willie T Leiataua must pay [The landlord/s] $1,953.72 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent?

The tenancy ended on 20 July 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy, namely $113.92.

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 provided photographs of the property taken at the beginning of the tenancy. These photographs show the property in a very clean and tidy condition. The carpets are clean and free from stains. The lawns are neatly trimmed.
The landlord provided photographs of the property taken at the end of the tenancy, which show the property in a messy condition. There are large stains on the carpet and a small amount of rubbish has been left outside in the yard. The lawns are overgrown.
Based on the photographs provided by the landlord, I find that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord provided invoices for cleaning and lawnmowing. The landlord’s claim for compensation for cleaning is granted for $450.00 and lawnmowing for $200.00.
The landlord gave evidence that the tenant did not return one of two garage remotes at the end of the tenancy. The garage provides internal access to the property. The landlord provided an invoice to replace the missing garage remote for $219.80. Their claim for compensation is granted in full for this amount.
The amounts ordered are proved.

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 provided photographs of the property at the beginning and end of the tenancy. Based on these photographs, I find that the following damage was caused during the tenancy: a. Holes in the wall of one bedroom b. Blocking of the shower drain c. Removal of curtains in the front bedroom, lounge and dining/living room
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided invoices to attend to repairing the above damage. The invoice from the plumber was for a total of $160.00 however, this included additional work completed by the plumber. The landlord only sought compensation of $115.00 to unblock the shower. Similarly, the landlord provided an invoice for $800.00 to replace all curtains in the property however, the landlord only sought compensation of $460.00. In doing so, the landlord acknowledged that the tenant was only liable to replace the curtains missing at the end of the tenancy. The landlord gave evidence that the curtains were new at the beginning of the tenancy. The landlord claims that they bought readymade curtains, which they hung themselves.
The landlord’s claims for compensation are granted in full for the following amounts: a. Repair holes in wall$368.00 b. Unblock shower drain$115.00 c. Replace missing curtains$460.00
The amounts ordered 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 wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4983169 — Property damage at 12 Cellbridge Place, East Tamaki, Auckland 2016

At a glance

Tenancy Tribunal case 4983169 — Property damage at 12 Cellbridge Place, East Tamaki, Auckland 2016

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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