How much money was awarded in case 4992908?

1x Missing Window Stay (Bedroom: $45.79 awarded to landlord; 2x Missing Switch Faceplates: $25.13 awarded to landlord; 2x Missing Vanity Plugs: $12.76 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Missing Kitchen Rubbish Bins (Drawer: $74.00 awarded to landlord; Paint For Walls And Windowsills: $395.14 awarded to landlord; Rent Arrears: $1,965.05 awarded to landlord; Chip / Hole In Ensuite Vanity Sink: $483.00 awarded to landlord; Property Damage: $1,218.00 awarded to landlord; Removing Oil Stains From Driveway: $650.00 awarded to landlord; Smoke Alarms: $64.40 awarded to landlord; Water Rates: $542.26 awarded to landlord

What type of tenancy dispute was case 4992908?

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

Where can I read the official tribunal order for case 4992908?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11362551-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4992908?

1x Missing Window Stay (Bedroom: $45.79 awarded to landlord; 2x Missing Switch Faceplates: $25.13 awarded to landlord; 2x Missing Vanity Plugs: $12.76 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Missing Kitchen Rubbish Bins (Drawer: $74.00 awarded to landlord; Paint For Walls And Windowsills: $395.14 awarded to landlord; Rent Arrears: $1,965.05 awarded to landlord; Chip / Hole In Ensuite Vanity Sink: $483.00 awarded to landlord; Property Damage: $1,218.00 awarded to landlord; Removing Oil Stains From Driveway: $650.00 awarded to landlord; Smoke Alarms: $64.40 awarded to landlord; Water Rates: $542.26 awarded to landlord

What type of tenancy dispute was case 4992908?

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

Where can I read the official tribunal order for case 4992908?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11362551-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4992908 — Property damage

Q: What was Tenancy Tribunal case 4992908 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4992908 — net $2,902.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11/07/2024	$1,965.05	Rent arrears to 11/07/2024
Water rates	$542.26	Water rates
2x missing vanity plugs	$12.76	2x missing vanity plugs
2x missing switch faceplates	$25.13	2x missing switch faceplates
Missing kitchen rubbish bins (drawer	$74.00	Missing kitchen rubbish bins (drawer
Replace smoke alarms	$64.40	Replace smoke alarms
1x missing window stay (bedroom	$45.79	1x missing window stay (bedroom
Repairs: chip / hole in ensuite vanity sink	$483.00	Repairs: chip / hole in ensuite vanity sink
Repairs: removing oil stains from driveway	$650.00	Repairs: removing oil stains from driveway
Paint for walls and windowsills	$395.14	Paint for walls and windowsills
Repairs: labour for painting and minor repairs	$1,218.00	Repairs: labour for painting and minor repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,902.53
Total payable by Tenant to Landlord	$2,902.53

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Ikia Kenney and Samantha De Leon must pay [The landlord/s] $2,902.53 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlord’s representative attended the hearing. I continued with the hearing in the absence of either tenant as notice of the hearing and details of the application have been emailed to an address for service.

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

The tenancy ended on 11 July 2024 by agreement between the parties. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. A final water meter reading was taken by the landlord and evidence supplied. I award the amounts claimed. Repairs and replacements

The landlord reports that several minor items were missing at the end of the tenancy. I award the replacement costs for two vanity plugs, two electric switch faceplates, kitchen rubbish bins, one smoke alarm, one garage remote, and one window stay. All receipts were supplied.

This house was brand new immediately prior to this tenancy.

The landlord has proved that the following damage occurred during the tenancy:- a. A small circular hole or chip in the base of the ensuite vanity sink with cracks extending from it. b. Many oil stains on the left-hand side of the driveway outside the front of the double garage (50-80 dark drip marks, a large, lighter, stained patch, and a smaller, dark, rectangular shaped stain), and more less visible oil drip marks and a bright orange rivulet stain (possibly rust) further down the same side of the driveway. c. Three deep screw holes in the top of the internal access garage door and a latch (three deep screws) to be removed from the top of the internal door into the second lounge. d. Several rooms in the house had been repainted without the consent of the landlord. Photographs show that the quality of some of the painting was not to a reasonable standard as there are visible roller marks and colour differences (especially in the main dining area, second lounge, and master bedroom). The landlord’s representative reports that the type of paint used on the windowsills was not suitable for that purpose.

The claim for repair of the venetian blind is dismissed as there was no evidence to prove the damage.

The proven damage is more than fair wear and tear.

The number and type of oil stains on the driveway are more than what might occur from the usual parking and driving of cars outside a house. I consider it more probable than not that mechanical work was being done on the driveway on multiple occasions. This is not the normal use to be expected at a residential dwelling, so the damage is more than wear and tear.

Damage caused by intentional actions such as attaching latches to the two internal doors and repainting to an unsatisfactory standard is usually considered intentional.

The tenants have not disproved liability. Tenants are liable for the cost of making good careless and intentional damage. See s49B Residential Tenancies Act 1986.

Liability for each instance of careless damage is limited to no more than the amount of any insurance excess (if the type of damage is insured) or to four weeks’ rent. The repair costs for each of the damaged areas are less than the excess in this case.

I award the amounts claimed to repair the vanity sink, for paint, and for the contractor’s labour to repaint and do the other minor repairs (including supplying a replacement garage remote).

I award 50% of the amount claimed to grind the driveway to remove or reduce the oil and other staining. I have reduced the claim because it may have been possible to have the stains professionally cleaned at a lesser cost and also to reflect what is reasonable given that it was the appearance of the driveway that was affected and not its function.

All invoices were supplied.

The landlord has substantially succeeded with the claim, so I award the filing fee and suppress its name, as applied for.

The bond is refunded to the landlord. The balance is payable by the tenants.

Claims and awards in Tenancy Tribunal application 4992908 — net $2,902.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11/07/2024	$1,965.05	Rent arrears to 11/07/2024
Water rates	$542.26	Water rates
2x missing vanity plugs	$12.76	2x missing vanity plugs
2x missing switch faceplates	$25.13	2x missing switch faceplates
Missing kitchen rubbish bins (drawer	$74.00	Missing kitchen rubbish bins (drawer
Replace smoke alarms	$64.40	Replace smoke alarms
1x missing window stay (bedroom	$45.79	1x missing window stay (bedroom
Repairs: chip / hole in ensuite vanity sink	$483.00	Repairs: chip / hole in ensuite vanity sink
Repairs: removing oil stains from driveway	$650.00	Repairs: removing oil stains from driveway
Paint for walls and windowsills	$395.14	Paint for walls and windowsills
Repairs: labour for painting and minor repairs	$1,218.00	Repairs: labour for painting and minor repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,902.53
Total payable by Tenant to Landlord	$2,902.53

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Ikia Kenney and Samantha De Leon must pay [The landlord/s] $2,902.53 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlord’s representative attended the hearing. I continued with the hearing in the absence of either tenant as notice of the hearing and details of the application have been emailed to an address for service.
The landlord has applied for rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent and water rates
The tenancy ended on 11 July 2024 by agreement between the parties. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. A final water meter reading was taken by the landlord and evidence supplied. I award the amounts claimed. Repairs and replacements
The landlord reports that several minor items were missing at the end of the tenancy. I award the replacement costs for two vanity plugs, two electric switch faceplates, kitchen rubbish bins, one smoke alarm, one garage remote, and one window stay. All receipts were supplied.
This house was brand new immediately prior to this tenancy.
The landlord has proved that the following damage occurred during the tenancy:- a. A small circular hole or chip in the base of the ensuite vanity sink with cracks extending from it. b. Many oil stains on the left-hand side of the driveway outside the front of the double garage (50-80 dark drip marks, a large, lighter, stained patch, and a smaller, dark, rectangular shaped stain), and more less visible oil drip marks and a bright orange rivulet stain (possibly rust) further down the same side of the driveway. c. Three deep screw holes in the top of the internal access garage door and a latch (three deep screws) to be removed from the top of the internal door into the second lounge. d. Several rooms in the house had been repainted without the consent of the landlord. Photographs show that the quality of some of the painting was not to a reasonable standard as there are visible roller marks and colour differences (especially in the main dining area, second lounge, and master bedroom). The landlord’s representative reports that the type of paint used on the windowsills was not suitable for that purpose.
The claim for repair of the venetian blind is dismissed as there was no evidence to prove the damage.
The proven damage is more than fair wear and tear.
The number and type of oil stains on the driveway are more than what might occur from the usual parking and driving of cars outside a house. I consider it more probable than not that mechanical work was being done on the driveway on multiple occasions. This is not the normal use to be expected at a residential dwelling, so the damage is more than wear and tear.
Damage caused by intentional actions such as attaching latches to the two internal doors and repainting to an unsatisfactory standard is usually considered intentional.
The tenants have not disproved liability. Tenants are liable for the cost of making good careless and intentional damage. See s49B Residential Tenancies Act 1986.
Liability for each instance of careless damage is limited to no more than the amount of any insurance excess (if the type of damage is insured) or to four weeks’ rent. The repair costs for each of the damaged areas are less than the excess in this case.
I award the amounts claimed to repair the vanity sink, for paint, and for the contractor’s labour to repaint and do the other minor repairs (including supplying a replacement garage remote).
I award 50% of the amount claimed to grind the driveway to remove or reduce the oil and other staining. I have reduced the claim because it may have been possible to have the stains professionally cleaned at a lesser cost and also to reflect what is reasonable given that it was the appearance of the driveway that was affected and not its function.
All invoices were supplied.
The landlord has substantially succeeded with the claim, so I award the filing fee and suppress its name, as applied for.
The bond is refunded to the landlord. The balance is payable by the tenants.

Tenancy Tribunal case 4992908 — Property damage

At a glance

Tenancy Tribunal case 4992908 — Property damage

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions