What was Tenancy Tribunal case 5011790 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 5011790?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $345.00 awarded to landlord; Less: Depreciation Of Curtains: $635.67 awarded to tenant; Property Damage: $1,000.00 awarded to landlord; Property Damage: $2,875.00 awarded to landlord; Property Damage: $644.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rent: $1,088.58 awarded to landlord; Replace Curtains (4 Sets, Custom-Mad…: $6,356.77 awarded to landlord; Rubbish Removal: $550.85 awarded to landlord; Water Charges To End Of Tenancy: $518.26 awarded to landlord

What type of tenancy dispute was case 5011790?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5011790?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11140736-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5011790 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 5011790?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $345.00 awarded to landlord; Less: Depreciation Of Curtains: $635.67 awarded to tenant; Property Damage: $1,000.00 awarded to landlord; Property Damage: $2,875.00 awarded to landlord; Property Damage: $644.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rent: $1,088.58 awarded to landlord; Replace Curtains (4 Sets, Custom-Mad…: $6,356.77 awarded to landlord; Rubbish Removal: $550.85 awarded to landlord; Water Charges To End Of Tenancy: $518.26 awarded to landlord

What type of tenancy dispute was case 5011790?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5011790?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11140736-Tribunal_Order_Redacted.pdf.

18 Greenmeadows Avenue, Manurewa East, Auckland Tenancy Tribunal Case 5011790 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5011790 — net $13,769.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to 20 August 2024	$1,088.58		Rent to 20 August 2024
Water charges to end of tenancy	$518.26		Water charges to end of tenancy
Lawns and garden work	$345.00		Lawns and garden work
Cleaning and rubbish removal	$550.85		Cleaning and rubbish removal
Repairs to entrance glass (insurance excess	$1,000.00		Repairs to entrance glass (insurance excess
Repairs to walls (3 rooms	$2,875.00		Repairs to walls (3 rooms
Repairs to shower door wheels (2 showers	$644.00		Repairs to shower door wheels (2 showers
Replace bedroom carpet (insurance excess	$1,000.00		Replace bedroom carpet (insurance excess
Replace curtains (4 sets, custom-made	$6,356.77		Replace curtains (4 sets, custom-made
Filing fee reimbursement	$27.00		Filing fee reimbursement
Less: depreciation of curtains		$635.67	Less: depreciation of curtains
Total award	$14,405.46	$635.67
Net award	$13,769.79
Total payable by Tenant to Landlord	$13,769.79

The landlord and one of the tenants attended the hearing today.

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

The tenancy ended on 20 August 2024. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy. The bond of $2,800.00 has been applied in reduction of the rent arrears. Cleaning, Rubbish Removal, Missing Chattels

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 and tidy and did not remove all rubbish. The oven and bathrooms needed cleaning. There was a van load of rubbish left outside.

Four sets of curtains belonging to the owner were missing at the end of the tenancy. They were custom-made. The tenant said she was overseas when the curtains were taken down (because they were dirty) by visitors who were temporarily staying at the premises. The curtains had gone when she returned from overseas. The tenant assumes they were thrown away and does not know where they are. The landlord said there was no communication about the curtains, which could have been cleaned and/or stored rather than removed.

The claim for replacement curtains is expensive because the landlord seeks compensation for a like-for-like replacement. I consider it would undercompensate the landlord to award compensation based on lower quality and less expensive curtains. The curtains were about a year old when they were removed. I have discounted the cost of replacement by 10% for depreciation.

The lawns were damaged at the end of the tenancy by the placement of a storage container and vehicles. The lawns had to be reinstated. Damage

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 weekly rent was $760.00. The insurance excess was $1,000.00.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.

The shower door wheels were broken during the tenancy and had to be replaced. There were 2 holes in the walls of the hallway, 1 in the kitchen, and 3 in a bedroom. The walls had to be prepared and painted. The carpet in one of the bedrooms was ripped and marked and had to be replaced. The tenant said this may have happened while moving furniture. There was a crack in the entrance window. The tenant was not sure how this happened. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

There was also a claim for replacement shower hoses in both bathrooms ($290.00 plus GST) and for a broken holder. The landlord said this had been caused by heavy handling. Shower fittings do deteriorate over time, and the shower hoses are not obviously damaged in the photographs. I find that this damage was fair wear and tear. Filing Fee and Suppression

The landlord’s application has been largely successful. I award the filing fee and grant name suppression as requested.

Claims and awards in Tenancy Tribunal application 5011790 — net $13,769.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to 20 August 2024	$1,088.58		Rent to 20 August 2024
Water charges to end of tenancy	$518.26		Water charges to end of tenancy
Lawns and garden work	$345.00		Lawns and garden work
Cleaning and rubbish removal	$550.85		Cleaning and rubbish removal
Repairs to entrance glass (insurance excess	$1,000.00		Repairs to entrance glass (insurance excess
Repairs to walls (3 rooms	$2,875.00		Repairs to walls (3 rooms
Repairs to shower door wheels (2 showers	$644.00		Repairs to shower door wheels (2 showers
Replace bedroom carpet (insurance excess	$1,000.00		Replace bedroom carpet (insurance excess
Replace curtains (4 sets, custom-made	$6,356.77		Replace curtains (4 sets, custom-made
Filing fee reimbursement	$27.00		Filing fee reimbursement
Less: depreciation of curtains		$635.67	Less: depreciation of curtains
Total award	$14,405.46	$635.67
Net award	$13,769.79
Total payable by Tenant to Landlord	$13,769.79

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name.
Maryanne Vaenuku, Apikale Vaenuku, Hateni Vaenuku and Paula Makoni must pay [The landlord/s] $13,769.79 immediately, calculated as shown in the table below.

Reasons

The landlord and one of the tenants attended the hearing today.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. Rent and Water
The tenancy ended on 20 August 2024. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy. The bond of $2,800.00 has been applied in reduction of the rent arrears. Cleaning, Rubbish Removal, Missing Chattels
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 and tidy and did not remove all rubbish. The oven and bathrooms needed cleaning. There was a van load of rubbish left outside.
Four sets of curtains belonging to the owner were missing at the end of the tenancy. They were custom-made. The tenant said she was overseas when the curtains were taken down (because they were dirty) by visitors who were temporarily staying at the premises. The curtains had gone when she returned from overseas. The tenant assumes they were thrown away and does not know where they are. The landlord said there was no communication about the curtains, which could have been cleaned and/or stored rather than removed.
The claim for replacement curtains is expensive because the landlord seeks compensation for a like-for-like replacement. I consider it would undercompensate the landlord to award compensation based on lower quality and less expensive curtains. The curtains were about a year old when they were removed. I have discounted the cost of replacement by 10% for depreciation.
The lawns were damaged at the end of the tenancy by the placement of a storage container and vehicles. The lawns had to be reinstated. Damage
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 weekly rent was $760.00. The insurance excess was $1,000.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
The shower door wheels were broken during the tenancy and had to be replaced. There were 2 holes in the walls of the hallway, 1 in the kitchen, and 3 in a bedroom. The walls had to be prepared and painted. The carpet in one of the bedrooms was ripped and marked and had to be replaced. The tenant said this may have happened while moving furniture. There was a crack in the entrance window. The tenant was not sure how this happened. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
There was also a claim for replacement shower hoses in both bathrooms ($290.00 plus GST) and for a broken holder. The landlord said this had been caused by heavy handling. Shower fittings do deteriorate over time, and the shower hoses are not obviously damaged in the photographs. I find that this damage was fair wear and tear. Filing Fee and Suppression
The landlord’s application has been largely successful. I award the filing fee and grant name suppression as requested.

Tenancy Tribunal case 5011790 — Property damage at 18 Greenmeadows Avenue, Manurewa East, Auckland

At a glance

Tenancy Tribunal case 5011790 — Property damage at 18 Greenmeadows Avenue, Manurewa East, Auckland

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