What was the outcome of Tenancy Tribunal case 5036669?

The tribunal order states: Billie Brooking must pay Asian Community Engagement Trust $4,657.00

How much money was awarded in case 5036669?

Cleaning: $1,150.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $3,400.00 awarded to landlord; Rent Arrears: $2,880.00 awarded to landlord

What type of tenancy dispute was case 5036669?

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

Where can I read the official tribunal order for case 5036669?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11895714-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5036669?

The tribunal order states: Billie Brooking must pay Asian Community Engagement Trust $4,657.00

How much money was awarded in case 5036669?

Cleaning: $1,150.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $3,400.00 awarded to landlord; Rent Arrears: $2,880.00 awarded to landlord

What type of tenancy dispute was case 5036669?

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

Where can I read the official tribunal order for case 5036669?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11895714-Tribunal_Order.pdf.

Unit/Flat Unit 5, 49 Sunnyside Road, Sunnyvale, Auckland Tenancy Tribunal Case 5036669 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5036669 — net $4,657.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,880.00	Rent arrears
Carpet cleaning, stain and odour removal and window cleaning	$1,150.00	Carpet cleaning, stain and odour removal and window cleaning
Repairs	$3,400.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,657.00
Total payable by Tenant to Landlord	$4,657.00

The landlord attended the hearing, conducted via teleconference. The call to the tenant went unanswered and to voicemail.

The previous hearing was adjourned, in part, to allow the tenant to engage with the Tribunal and advise of any change in telephone number. That adjourning order also confirmed significant monetary orders were sought.

No response was forthcoming. I was satisfied adequate service had completed and I continued with the hearing.

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

How much is owed for rent?

The tenancy ended on 11 August 2024. The landlord provided rent records (inclusive of water) which prove the amount owing at the end of the tenancy is as ordered.

Did the tenant comply with their obligations at the end of the tenancy?

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean. The landlord provided photos and an invoice for cleaning activities undertaken. The bulk of the expense was in relation to the carpet. There were stains as well as pet odour observed. There was no landlord permission for pets during the tenancy. The invoiced cost of $1,150.00 as presented is accepted.

Rubbish removal was required. This was carried out by the contractor completing the repairs and it was not invoiced separately. The cost is captured within the repair invoice below.

The amounts ordered are proved.

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. See sections 40(2)(a), 41 and 49B RTA.

The following damage was caused during the tenancy:

Remove all the furniture and rubbish out

Fix kitchen tap

Clean bathroom hair trap

New letter box

Latch for HWC

Cleaned walls, door and ceiling, pre-paint preparation

Supplied and installed roller blind strainers

Install 6 x window safety stays

Fixed toilet roll holder

Replaced damaged toilet seat

Locks on bedroom doors

Install heat pump remote holder

Window safety latches

Replaced kitchen cabinet latch

Front door lock reset and batteries replacement

Fixed sliding door seal

Fixed downstairs toilet seat

Patched and painted the damaged weatherboard, hardi board

Fixed a roller blind in bedroom 1

Patches holes and scratches and paint interior walls, frames and doors

The damages are more than fair wear and tear, and the tenant has not disproved liability for the damage except for the letter box replacement. That claim is denied as there is no evidence of tenant liability there.

The amounts ordered are proved. The landlord provided comparative photos and a detailed invoice where each itemised task was reviewed during the hearing. The invoice total of $3,491.40 has been reduced to $3,400 to reflect and remove an estimated cost of the letter box replacement. As previously noted, embedded in the contractor invoice is rubbish and furniture removal.

A second invoice was provided. It listed tasks that overlapped with those above or were unproven. The main task was an external fence and gate installation. I heard the tenants constructed a basic equivalent but rather than remove that, the landlord installed a better replacement. That is an improvement cost that the tenant is not deemed liable for.

I have not taken into account betterment and depreciation as the premises were new at commencement and the tenancy was only of approximately one year duration. Filing fee

Because Asian Community Engagement Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5036669 — net $4,657.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,880.00	Rent arrears
Carpet cleaning, stain and odour removal and window cleaning	$1,150.00	Carpet cleaning, stain and odour removal and window cleaning
Repairs	$3,400.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,657.00
Total payable by Tenant to Landlord	$4,657.00

Order

Billie Brooking must pay Asian Community Engagement Trust $4,657.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,800.00 (6500087-005) to Asian Community Engagement Trust immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. The call to the tenant went unanswered and to voicemail.
The previous hearing was adjourned, in part, to allow the tenant to engage with the Tribunal and advise of any change in telephone number. That adjourning order also confirmed significant monetary orders were sought.
No response was forthcoming. I was satisfied adequate service had completed and I continued with the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 11 August 2024. The landlord provided rent records (inclusive of water) which prove the amount owing at the end of the tenancy is as ordered.

Did the tenant comply with their obligations at the end of the tenancy?

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean. The landlord provided photos and an invoice for cleaning activities undertaken. The bulk of the expense was in relation to the carpet. There were stains as well as pet odour observed. There was no landlord permission for pets during the tenancy. The invoiced cost of $1,150.00 as presented is accepted.
Rubbish removal was required. This was carried out by the contractor completing the repairs and it was not invoiced separately. The cost is captured within the repair invoice below.
The amounts ordered are proved.

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. See sections 40(2)(a), 41 and 49B RTA.
The following damage was caused during the tenancy:
Remove all the furniture and rubbish out
Fix kitchen tap
Clean bathroom hair trap
New letter box
Latch for HWC
Cleaned walls, door and ceiling, pre-paint preparation
Supplied and installed roller blind strainers
Install 6 x window safety stays
Fixed toilet roll holder
Replaced damaged toilet seat
Locks on bedroom doors
Install heat pump remote holder
Window safety latches
Replaced kitchen cabinet latch
Front door lock reset and batteries replacement
Fixed sliding door seal
Fixed downstairs toilet seat
Patched and painted the damaged weatherboard, hardi board
Fixed a roller blind in bedroom 1
Patches holes and scratches and paint interior walls, frames and doors
The damages are more than fair wear and tear, and the tenant has not disproved liability for the damage except for the letter box replacement. That claim is denied as there is no evidence of tenant liability there.
The amounts ordered are proved. The landlord provided comparative photos and a detailed invoice where each itemised task was reviewed during the hearing. The invoice total of $3,491.40 has been reduced to $3,400 to reflect and remove an estimated cost of the letter box replacement. As previously noted, embedded in the contractor invoice is rubbish and furniture removal.
A second invoice was provided. It listed tasks that overlapped with those above or were unproven. The main task was an external fence and gate installation. I heard the tenants constructed a basic equivalent but rather than remove that, the landlord installed a better replacement. That is an improvement cost that the tenant is not deemed liable for.
I have not taken into account betterment and depreciation as the premises were new at commencement and the tenancy was only of approximately one year duration. Filing fee
Because Asian Community Engagement Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5036669 — Property damage at Unit/Flat Unit 5, 49 Sunnyside Road, Sunnyvale, Auckland

At a glance

Tenancy Tribunal case 5036669 — Property damage at Unit/Flat Unit 5, 49 Sunnyside Road, Sunnyvale, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions