What was Tenancy Tribunal case 5013889 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 5013889?

Cleaning: $753.81 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Painting To Lounge And Bedroom: $1,138.50 awarded to landlord; Property Damage: $98.29 awarded to landlord; Reinstall Curtains: $74.75 awarded to landlord; Rubbish Removal: $856.75 awarded to landlord; Smoke Alarms: $113.85 awarded to landlord; Walls and Doors: $1,148.88 awarded to landlord

What type of tenancy dispute was case 5013889?

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

Where can I read the official tribunal order for case 5013889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11127502-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5013889 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 5013889?

Cleaning: $753.81 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Painting To Lounge And Bedroom: $1,138.50 awarded to landlord; Property Damage: $98.29 awarded to landlord; Reinstall Curtains: $74.75 awarded to landlord; Rubbish Removal: $856.75 awarded to landlord; Smoke Alarms: $113.85 awarded to landlord; Walls and Doors: $1,148.88 awarded to landlord

What type of tenancy dispute was case 5013889?

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

Where can I read the official tribunal order for case 5013889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11127502-Tribunal_Order_Redacted.pdf.

Unit/Flat 9, 88 Kenderdine Road, Papatoetoe, Auckland Tenancy Tribunal Case 5013889 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5013889 — net $3,603.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$856.75	Rubbish removal
Repairs to walls and doors	$1,148.88	Repairs to walls and doors
Painting to lounge and bedroom	$1,138.50	Painting to lounge and bedroom
Replace smoke alarms	$113.85	Replace smoke alarms
Lock/key replacement	$98.29	Lock/key replacement
Reinstall curtains	$74.75	Reinstall curtains
Cleaning	$753.81	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,603.83
Total payable by Tenant to Landlord	$3,603.83

The landlord attended the hearing today. The tenant did not attend.

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

The tenancy was terminated by the Tribunal on 17 June 2024 for failing to keep the premises reasonably clean and tidy and for causing substantial damage to the premises. Cleaning and Rubbish

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 tenant left many of their belongings behind. The premises needed cleaning. The exit inspection report referred to rodent faeces on the floor in the kitchen. The kitchen cupboards and oven needed a deep clean.

The tenant did not return the keys and the locks had to be changed to make the premises secure.

The landlord had to replace two missing smoke alarms and missing door stoppers. 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 (sections 40 and 41 of the Residential Tenancies Act 1986 (the Act)).

There were large holes in the walls in the lounge and bedroom 1. The damage to bedroom 1 is so severe it goes right through to the adjoining room. A door in the lounge was damaged. There was damage to a kitchen cupboard, the shower door rollers were broken, the rangehood light was missing its cover, and there were broken security stays in a bedroom window. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I have adjusted the painting cost downwards by 50%. The invoice states that the walls in the lounge, kitchen, hallway, and bedrooms needed painting. The evidence available to the Tribunal supports painting of the lounge and bedroom that were damaged. I have attempted to adjust the painting cost to reflect the cost of painting the damaged rooms.

I have not allowed the claims for installing “packers under frames” for the entrance door ($103.54 plus GST). It is not clear what this involved exactly or why the tenant was responsible for this work.

I have not allowed the cost of applying new silicone to the super-tub, vanity, and shower (116.55 plus GST). This appears to be maintenance work rather than damage caused by the tenant.

I have not awarded the cost of removing a broken piece of “hand towel ring” next to the vanity, as the evidence does not show this damage ($18.81 plus GST). Filing Fee and Suppression

The landlord is awarded the filing fee.

The landlord is entitled to name suppression. The landlord, a social housing provider, also requested name suppression for the tenant. While the Tribunal has a discretion to award suppression (section 95A of the Act) and understands the motive for the landlord’s request, in my view the tenant’s privacy interest does not outweigh the public interest in open justice. The premises were quite badly damaged.

Claims and awards in Tenancy Tribunal application 5013889 — net $3,603.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$856.75	Rubbish removal
Repairs to walls and doors	$1,148.88	Repairs to walls and doors
Painting to lounge and bedroom	$1,138.50	Painting to lounge and bedroom
Replace smoke alarms	$113.85	Replace smoke alarms
Lock/key replacement	$98.29	Lock/key replacement
Reinstall curtains	$74.75	Reinstall curtains
Cleaning	$753.81	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,603.83
Total payable by Tenant to Landlord	$3,603.83

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name.
Sheyna Ngatai must pay [The landlord/s] $3,603.83 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today. The tenant did not attend.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy was terminated by the Tribunal on 17 June 2024 for failing to keep the premises reasonably clean and tidy and for causing substantial damage to the premises. Cleaning and Rubbish
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 tenant left many of their belongings behind. The premises needed cleaning. The exit inspection report referred to rodent faeces on the floor in the kitchen. The kitchen cupboards and oven needed a deep clean.
The tenant did not return the keys and the locks had to be changed to make the premises secure.
The landlord had to replace two missing smoke alarms and missing door stoppers. 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 (sections 40 and 41 of the Residential Tenancies Act 1986 (the Act)).
There were large holes in the walls in the lounge and bedroom 1. The damage to bedroom 1 is so severe it goes right through to the adjoining room. A door in the lounge was damaged. There was damage to a kitchen cupboard, the shower door rollers were broken, the rangehood light was missing its cover, and there were broken security stays in a bedroom window. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have adjusted the painting cost downwards by 50%. The invoice states that the walls in the lounge, kitchen, hallway, and bedrooms needed painting. The evidence available to the Tribunal supports painting of the lounge and bedroom that were damaged. I have attempted to adjust the painting cost to reflect the cost of painting the damaged rooms.
I have not allowed the claims for installing “packers under frames” for the entrance door ($103.54 plus GST). It is not clear what this involved exactly or why the tenant was responsible for this work.
I have not allowed the cost of applying new silicone to the super-tub, vanity, and shower (116.55 plus GST). This appears to be maintenance work rather than damage caused by the tenant.
I have not awarded the cost of removing a broken piece of “hand towel ring” next to the vanity, as the evidence does not show this damage ($18.81 plus GST). Filing Fee and Suppression
The landlord is awarded the filing fee.
The landlord is entitled to name suppression. The landlord, a social housing provider, also requested name suppression for the tenant. While the Tribunal has a discretion to award suppression (section 95A of the Act) and understands the motive for the landlord’s request, in my view the tenant’s privacy interest does not outweigh the public interest in open justice. The premises were quite badly damaged.

Tenancy Tribunal case 5013889 — Property damage at Unit/Flat 9, 88 Kenderdine Road, Papatoetoe, Auckland

At a glance

Tenancy Tribunal case 5013889 — Property damage at Unit/Flat 9, 88 Kenderdine Road, Papatoetoe, 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