What was Tenancy Tribunal case 4993148 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 4993148?

Cleaning: $218.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,306.79 awarded to landlord; Hole In Master Bedroom Wall: $189.75 awarded to landlord; Hole/Dent In Wall Near Entrance: $99.19 awarded to landlord; Replace furnishings: bedroom curtain…: $462.88 awarded to landlord; Replace furnishings: lounge curtain…: $277.73 awarded to landlord; Rubbish Removal: $502.25 awarded to landlord; Water Rates: $167.22 awarded to landlord

What type of tenancy dispute was case 4993148?

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

Where can I read the official tribunal order for case 4993148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11310368-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4993148 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 4993148?

Cleaning: $218.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,306.79 awarded to landlord; Hole In Master Bedroom Wall: $189.75 awarded to landlord; Hole/Dent In Wall Near Entrance: $99.19 awarded to landlord; Replace furnishings: bedroom curtain…: $462.88 awarded to landlord; Replace furnishings: lounge curtain…: $277.73 awarded to landlord; Rubbish Removal: $502.25 awarded to landlord; Water Rates: $167.22 awarded to landlord

What type of tenancy dispute was case 4993148?

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

Where can I read the official tribunal order for case 4993148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11310368-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4993148 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4993148 — net $4,251.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (after bond applied	$2,306.79	Rent arrears (after bond applied
Water rates	$167.22	Water rates
Rubbish removal	$502.25	Rubbish removal
Cleaning	$218.50	Cleaning
Repairs: hole in master bedroom wall	$189.75	Repairs: hole in master bedroom wall
Repairs: hole/dent in wall near entrance	$99.19	Repairs: hole/dent in wall near entrance
Replace furnishings: lounge curtain - 75% of cost	$277.73	Replace furnishings: lounge curtain - 75% of cost
Replace furnishings: bedroom curtains - 50% cost	$462.88	Replace furnishings: bedroom curtains - 50% cost
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,251.31
Total payable by Tenant to Landlord	$4,251.31

Only the landlord’s representative attended the hearing. I could not contact the tenant on the mobile number supplied. The Tribunal can continue a hearing in the absence of a party. I did so in this case as the tenant has been emailed notice of the hearing date and time to her address for service.

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

The tenancy ended on 17 September 2024 after the tenant gave notice. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy.

The bond has been refunded to the landlord in full and has been credited to the rent arrears balance. The rent and water arrears are awarded.

The premises were mostly left clean and tidy. I award compensation for the amount paid by the landlord to clean a few areas that were not reasonably clean including removing carpet stains.

I also award the claim for the costs to remove goods and rubbish the tenant left behind which she agreed the landlord could remove.

Photographs and invoices were supplied for the claims. Repairs

A landlord may claim compensation for damage that is proved to have occurred during the tenancy and that is more than what would happen from normal use, or fair wear and tear. See section 49B Residential Tenancies Act 1986 (RTA).

The landlord has proved that there was a hole in the wall in a bedroom and another hole/dent in the wall near the entranceway. The damage is more than wear and tear, so the tenant is liable. I award the repair costs as invoiced.

The landlord submits that two floating shelves needed refixing to the wall due to careless use. These photos were only available to me after the hearing. They show one shelf slightly pulled away from the wall. This is not enough to prove more than normal wear and tear. I do not award this claim.

The landlord seeks compensation of the replacement cost for seven curtains it says were damaged by the tenant’s cat leaving claw marks causing small tears or pulls in the back and front of the curtain fabric. The total claim is $1,296.05. The cat was allowed.

The curtains were new at the start of this tenancy, two years ago.

The landlord’s photographs prove:- a. that the large lounge curtain was damaged in several places by small tears and pulls on the back lining, b. at least two of the curtains in the master bedroom had small claw marks on the back linings and some dirty marks, c. the two curtains in the small bedroom had 4 or 5 small fabric pulls on the front and some dirty marks.

The damage is more than wear and tear from normal use.

I explained in the hearing that the Tribunal usually assesses the value of compensation by taking into account the expected useful life of the item and what is reasonable.

The Inland Revenue Department depreciation schedule for tenancy chattels estimates the expected life of curtains at 8 years.

Taking these factors into account, I award:- a. 75% of the replacement cost of the lounge curtain which is $277.73 (inc gst). The 25% deduction puts the landlord back in the position it would have been in if there had been no damage which is curtains after two years of normal use. b. 50% of the replacement cost of the other curtains which is $462.88 (inc gst). This allows for a 25% deduction for normal use and a further 25% to recognise that the damage to these curtains was minor. In my view, they probably didn’t need to be replaced however the award recognises that their value and expected life was reduced by the damage.

I accept the landlord’s submission that if the curtains had not been replaced, they would probably have needed dry-cleaning and rehanging which would have incurred a cost to the tenant.

I said in the hearing that I would award 75% of the total replacement cost. However, not all the photographs were available to me at that time. I reviewed these carefully after the hearing and have decided that the damage to the bedroom curtains is not sufficient to justify the higher amount.

The landlord was not insured for the damage.

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

Claims and awards in Tenancy Tribunal application 4993148 — net $4,251.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (after bond applied	$2,306.79	Rent arrears (after bond applied
Water rates	$167.22	Water rates
Rubbish removal	$502.25	Rubbish removal
Cleaning	$218.50	Cleaning
Repairs: hole in master bedroom wall	$189.75	Repairs: hole in master bedroom wall
Repairs: hole/dent in wall near entrance	$99.19	Repairs: hole/dent in wall near entrance
Replace furnishings: lounge curtain - 75% of cost	$277.73	Replace furnishings: lounge curtain - 75% of cost
Replace furnishings: bedroom curtains - 50% cost	$462.88	Replace furnishings: bedroom curtains - 50% cost
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,251.31
Total payable by Tenant to Landlord	$4,251.31

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Chanel Chin must pay [The landlord/s] $4,251.31 immediately, calculated as shown in the table below.

Reasons

Only the landlord’s representative attended the hearing. I could not contact the tenant on the mobile number supplied. The Tribunal can continue a hearing in the absence of a party. I did so in this case as the tenant has been emailed notice of the hearing date and time to her address for service.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 17 September 2024 after the tenant gave notice. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy.
The bond has been refunded to the landlord in full and has been credited to the rent arrears balance. The rent and water arrears are awarded.
The premises were mostly left clean and tidy. I award compensation for the amount paid by the landlord to clean a few areas that were not reasonably clean including removing carpet stains.
I also award the claim for the costs to remove goods and rubbish the tenant left behind which she agreed the landlord could remove.
Photographs and invoices were supplied for the claims. Repairs
A landlord may claim compensation for damage that is proved to have occurred during the tenancy and that is more than what would happen from normal use, or fair wear and tear. See section 49B Residential Tenancies Act 1986 (RTA).
The landlord has proved that there was a hole in the wall in a bedroom and another hole/dent in the wall near the entranceway. The damage is more than wear and tear, so the tenant is liable. I award the repair costs as invoiced.
The landlord submits that two floating shelves needed refixing to the wall due to careless use. These photos were only available to me after the hearing. They show one shelf slightly pulled away from the wall. This is not enough to prove more than normal wear and tear. I do not award this claim.
The landlord seeks compensation of the replacement cost for seven curtains it says were damaged by the tenant’s cat leaving claw marks causing small tears or pulls in the back and front of the curtain fabric. The total claim is $1,296.05. The cat was allowed.
The curtains were new at the start of this tenancy, two years ago.
The landlord’s photographs prove:- a. that the large lounge curtain was damaged in several places by small tears and pulls on the back lining, b. at least two of the curtains in the master bedroom had small claw marks on the back linings and some dirty marks, c. the two curtains in the small bedroom had 4 or 5 small fabric pulls on the front and some dirty marks.
The damage is more than wear and tear from normal use.
I explained in the hearing that the Tribunal usually assesses the value of compensation by taking into account the expected useful life of the item and what is reasonable.
The Inland Revenue Department depreciation schedule for tenancy chattels estimates the expected life of curtains at 8 years.
Taking these factors into account, I award:- a. 75% of the replacement cost of the lounge curtain which is $277.73 (inc gst). The 25% deduction puts the landlord back in the position it would have been in if there had been no damage which is curtains after two years of normal use. b. 50% of the replacement cost of the other curtains which is $462.88 (inc gst). This allows for a 25% deduction for normal use and a further 25% to recognise that the damage to these curtains was minor. In my view, they probably didn’t need to be replaced however the award recognises that their value and expected life was reduced by the damage.
I accept the landlord’s submission that if the curtains had not been replaced, they would probably have needed dry-cleaning and rehanging which would have incurred a cost to the tenant.
I said in the hearing that I would award 75% of the total replacement cost. However, not all the photographs were available to me at that time. I reviewed these carefully after the hearing and have decided that the damage to the bedroom curtains is not sufficient to justify the higher amount.
The landlord was not insured for the damage.
The landlord has substantially succeeded with the claim, so I award the filing fee and suppress its name, as sought.

Tenancy Tribunal case 4993148 — Rent arrears

At a glance

Tenancy Tribunal case 4993148 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions