What was Tenancy Tribunal case 5006348 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 5006348?

Cleaning: $711.85 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $6,653.90 awarded to landlord; Property Damage: $270.25 awarded to landlord; Rent: $1,301.79 awarded to landlord; Replace Blinds: $1,058.00 awarded to landlord

What type of tenancy dispute was case 5006348?

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

Where can I read the official tribunal order for case 5006348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11143191-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5006348 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 5006348?

Cleaning: $711.85 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $6,653.90 awarded to landlord; Property Damage: $270.25 awarded to landlord; Rent: $1,301.79 awarded to landlord; Replace Blinds: $1,058.00 awarded to landlord

What type of tenancy dispute was case 5006348?

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

Where can I read the official tribunal order for case 5006348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11143191-Tribunal_Order_Redacted.pdf.

180 Mahia Road, Wattle Downs, Auckland 2103 Tenancy Tribunal Case 5006348 — Property damage

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180 Mahia Road, Wattle Downs, Auckland 2103 Tenancy Tribunal Case 5006348 — 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 5006348 — net $7,322.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 27 November 2024	$1,301.79	Rent to 27 November 2024
Repairs to walls, doors, ceilings	$6,653.90	Repairs to walls, doors, ceilings
Cleaning, lawns, rubbish	$711.85	Cleaning, lawns, rubbish
Window repair	$270.25	Window repair
Replace blinds	$1,058.00	Replace blinds
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,322.79
Total payable by Tenant to Landlord	$7,322.79

Claims and awards for application 5006348 — net $7,322.79 NZD. Verify on MoJ.

Rent to 27 November 2024

Amount: $1,301.79
Awarded to: Landlord
Reason: Rent to 27 November 2024

Repairs to walls, doors, ceilings

Amount: $6,653.90
Awarded to: Landlord
Reason: Repairs to walls, doors, ceilings

Cleaning, lawns, rubbish

Amount: $711.85
Awarded to: Landlord
Reason: Cleaning, lawns, rubbish

Window repair

Amount: $270.25
Awarded to: Landlord
Reason: Window repair

Replace blinds

Amount: $1,058.00
Awarded to: Landlord
Reason: Replace blinds

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
[The landlord/s] is granted possession of the premises at 180 Mahia Road, Wattle Downs, Auckland 2103 immediately.
Gary MAIOHA Mita and Manaia Moana Marie Paul Te Kani must pay [The landlord/s] $7,322.79 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today. There was no attendance by the tenant.
Since the landlord applied to the Tribunal, the tenants have vacated the property. The fixed term expires on 27 May 2025. At the hearing, the landlord sought an order for possession. The tenants returned the keys on 1 November 2024, but the landlord says they did not accept surrender of the lease.
It is appropriate to grant possession to the landlord. This simply recognises the practical reality that the tenants are no longer living at the premises. I express no view whether the tenants have abandoned pursuant to section 61 of the Residential Tenancies Act 1986. Rent
Recognising that the tenancy has to all intents and purposes ended, I award the landlord rent to 27 November 2024, as claimed. The landlord provided a rent summary which proves the amount owing for rent to 27 November 2024.
The bond is applied to the rent arrears and is to be refunded to the landlord. Cleaning, Rubbish, Lawns
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.
The tenant did not leave the premises reasonably clean. There was a modest need for cleaning to the shower, bathroom, and some kitchen cupboards ($250.00 plus GST).
The ceiling in the lounge must be removed (see below) and the landlord will need to hire a skip bin for the ceiling materials and for doors that were replaced ($219.00 plus GST).
The lawns were reasonably tidy when the tenants vacated but are now overgrown. I award the cost of mowing the lawn ($150.00 plus GST).

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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or 4 weeks' rent. The rent was $675.00 per week and the insurance excess was $750.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
Two internal doors were damaged during the tenancy and two needed to be replaced. A door frame was damaged. There was damage to the walls in bedroom 1. There was a hole in the ceiling tiles in the dining room. The Tribunal was advised that the ceiling cannot be repaired because the materials are obsolete. The ceiling must be removed, the materials disposed of, and a new ceiling installed. I am satisfied that this is the appropriate measure of loss, because once the ceiling was damaged the only way to repair was a complete replacement in that room. The blinds (new at the beginning of the tenancy) were damaged and had to be replaced. A bedroom window was broken.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
There was reference to a curtain repair ($180.00 plus GST) in one of the invoices. I cannot find any evidence of damage to the curtains and so have not awarded this. Filing Fee and Suppression
The landlord’s application has been successful. The landlord is awarded the filing fee and granted suppression as requested.

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 5006348 — net $7,322.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 27 November 2024	$1,301.79	Rent to 27 November 2024
Repairs to walls, doors, ceilings	$6,653.90	Repairs to walls, doors, ceilings
Cleaning, lawns, rubbish	$711.85	Cleaning, lawns, rubbish
Window repair	$270.25	Window repair
Replace blinds	$1,058.00	Replace blinds
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,322.79
Total payable by Tenant to Landlord	$7,322.79

Claims and awards for application 5006348 — net $7,322.79 NZD. Verify on MoJ.

Rent to 27 November 2024

Amount: $1,301.79
Awarded to: Landlord
Reason: Rent to 27 November 2024

Repairs to walls, doors, ceilings

Amount: $6,653.90
Awarded to: Landlord
Reason: Repairs to walls, doors, ceilings

Cleaning, lawns, rubbish

Amount: $711.85
Awarded to: Landlord
Reason: Cleaning, lawns, rubbish

Window repair

Amount: $270.25
Awarded to: Landlord
Reason: Window repair

Replace blinds

Amount: $1,058.00
Awarded to: Landlord
Reason: Replace blinds

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
[The landlord/s] is granted possession of the premises at 180 Mahia Road, Wattle Downs, Auckland 2103 immediately.
Gary MAIOHA Mita and Manaia Moana Marie Paul Te Kani must pay [The landlord/s] $7,322.79 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today. There was no attendance by the tenant.
Since the landlord applied to the Tribunal, the tenants have vacated the property. The fixed term expires on 27 May 2025. At the hearing, the landlord sought an order for possession. The tenants returned the keys on 1 November 2024, but the landlord says they did not accept surrender of the lease.
It is appropriate to grant possession to the landlord. This simply recognises the practical reality that the tenants are no longer living at the premises. I express no view whether the tenants have abandoned pursuant to section 61 of the Residential Tenancies Act 1986. Rent
Recognising that the tenancy has to all intents and purposes ended, I award the landlord rent to 27 November 2024, as claimed. The landlord provided a rent summary which proves the amount owing for rent to 27 November 2024.
The bond is applied to the rent arrears and is to be refunded to the landlord. Cleaning, Rubbish, Lawns
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.
The tenant did not leave the premises reasonably clean. There was a modest need for cleaning to the shower, bathroom, and some kitchen cupboards ($250.00 plus GST).
The ceiling in the lounge must be removed (see below) and the landlord will need to hire a skip bin for the ceiling materials and for doors that were replaced ($219.00 plus GST).
The lawns were reasonably tidy when the tenants vacated but are now overgrown. I award the cost of mowing the lawn ($150.00 plus GST).

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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or 4 weeks' rent. The rent was $675.00 per week and the insurance excess was $750.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
Two internal doors were damaged during the tenancy and two needed to be replaced. A door frame was damaged. There was damage to the walls in bedroom 1. There was a hole in the ceiling tiles in the dining room. The Tribunal was advised that the ceiling cannot be repaired because the materials are obsolete. The ceiling must be removed, the materials disposed of, and a new ceiling installed. I am satisfied that this is the appropriate measure of loss, because once the ceiling was damaged the only way to repair was a complete replacement in that room. The blinds (new at the beginning of the tenancy) were damaged and had to be replaced. A bedroom window was broken.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
There was reference to a curtain repair ($180.00 plus GST) in one of the invoices. I cannot find any evidence of damage to the curtains and so have not awarded this. Filing Fee and Suppression
The landlord’s application has been successful. The landlord is awarded the filing fee and granted suppression as requested.

Tenancy Tribunal case 5006348 — Property damage at 180 Mahia Road, Wattle Downs, Auckland 2103

At a glance

Tenancy Tribunal case 5006348 — Property damage at 180 Mahia Road, Wattle Downs, Auckland 2103

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions