What was Tenancy Tribunal case 5050548 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 5050548?

Cleaning: $3,000.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Pest Control: $681.10 awarded to landlord; Property Damage: $333.56 awarded to landlord; Property Damage: $13,480.30 awarded to landlord; Property Damage: $5,040.00 awarded to landlord; Property Damage: $765.20 awarded to landlord; Rent Arrears: $10,350.00 awarded to landlord; Rubbish Removal: $5,175.00 awarded to landlord

What type of tenancy dispute was case 5050548?

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

Where can I read the official tribunal order for case 5050548?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11188601-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5050548 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 5050548?

Cleaning: $3,000.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Pest Control: $681.10 awarded to landlord; Property Damage: $333.56 awarded to landlord; Property Damage: $13,480.30 awarded to landlord; Property Damage: $5,040.00 awarded to landlord; Property Damage: $765.20 awarded to landlord; Rent Arrears: $10,350.00 awarded to landlord; Rubbish Removal: $5,175.00 awarded to landlord

What type of tenancy dispute was case 5050548?

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

Where can I read the official tribunal order for case 5050548?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11188601-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5050548 — Property damage

Reasons

Background

Claims and awards in Tenancy Tribunal application 5050548 — net $36,451.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 September 2024	$10,350.00	Rent arrears to 17 September 2024
Lock/key replacement	$333.56	Lock/key replacement
Rubbish removal	$5,175.00	Rubbish removal
Repairs to walls and painting	$13,480.30	Repairs to walls and painting
Carpet replacement	$5,040.00	The claim for replacement of the carpet is proven. I have applied depreciation of 10% to the replacement cost claimed.
Curtains replacement	$765.20	Curtains replacement
Cleaning	$3,000.00	Cleaning
Pest control	$681.10	Pest control
Filing fee reimbursement	$27.00	30. The landlord has been successful in this application.
Net award	$36,451.86
Total payable by Tenant to Landlord	$36,451.86

The tenancy began on 14 December 2021.

The rent payments stopped in May 2024.

In September 2024, [The landlord/s] discovered that the premises had been abandoned.

The premises were left in a very poor state.

The landlord’s application seeks rent arrears, repairs, cleaning, rubbish removal, and replacement of chattels. The hearing took place in [Event location suppressed] on 9 December 2024. [The landlord/s] attended the hearing by phone, with the consent of the Tribunal. There was no appearance by Ms Harrison. Rent arrears

Tenants must give the landlord 28 days’ notice in writing to terminate a tenancy. If a tenant leaves the premises without terminating the tenancy, the tenant has abandoned the tenancy. The tenant is then liable for rent to the date that is 28- days from the date that the landlord discovered the abandonment.

As noted above, the tenant stopped paying rent in late May. [The landlord/s] said that she tried to contact the tenant many times by phone, without success. She also visited the premises. There were children present when she visited, but not the tenant.

[The landlord/s] said that a local resident told her that the premises were abandoned. [The landlord/s] recalled that this was sometime in mid-late September.

The claim seeks rent arrears to 22 October 2024.

[The landlord/s] invoices show that she had the locks changed on 18 September 2024. The massive amount of rubbish left at the property was removed by 20 September. The painter quoted to repair and paint the walls on 20 September. She had pest treatment carried out on 23 September.

It seems that [The landlord/s] effectively re-took possession of the premises on 18 September 2024. Ms Harrison is liable for rent arrears to 17 September 2024.

Per the landlord’s rent record, the arrears at that date were $10,350.00. Cleaning and rubbish removal

Tenants must remove all rubbish and leave the premises reasonably clean and tidy at the end of the tenancy.

[The landlord/s] photographs show that the premises were left in a shocking condition at the end of this tenancy.

There was rubbish left throughout the inside and around the outside of the house, along with abandoned furniture, clothing, and appliances.

The contractor hired a 30m3 skip bin to dispose of the rubbish.

The house was extremely dirty inside. The carpet was stained to the extent that it had to be replaced (this is discussed in more detail below).

Every part of the house needed to be extensively cleaned to return it to a reasonably clean and tidy standard.

The amounts claimed for cleaning and rubbish removal are proven, and are fair and reasonable. Repairs, replacement of chattels

[The landlord/s] photographs show that there were numerous holes in the walls, children’s writing on the walls, and torn wallpaper at the end of the tenancy. This damage is not noted in the tenancy agreement. [The landlord/s] noted that she carried out some property inspections in the early part of the tenancy, and the damage was not present at that time.

The claim seeks $16,850.38 for repairs to the walls and painting, per a quote from [Painter].

I accept that the extent of the damage to the walls necessitated complete re- painting of the interior.

The premises were re-decorated shortly before the start of this tenancy in 2021, including painting and new carpet. The tenancy lasted approximately two and a half years.

I will apply depreciation of 20% to the proven re-painting cost.

The new carpets were very badly stained during the tenancy and were infested with cockroaches. The cockroach problem persisted even after [The landlord/s] had the carpets replaced. [The landlord/s] said that she ultimately paid for six cockroach treatments. The claim seeks compensation for the cost of two of those treatments.

In some of [The landlord/s] photographs there is so much rubbish on the floor that it is not possible to see much of the carpet. The photographs that do show the carpet confirm [The landlord/s] statement that it was very badly stained, beyond all hope of cleaning.

The claim for replacement of the carpet is proven. I have applied depreciation of 10% to the replacement cost claimed.

There were several curtains missing or damaged. The cost of replacing the curtains is proven.

The following parts of [The landlord/s] claim are dismissed: a. [Maintenance] invoice 1. The work described on the invoice is “chem treat and waterblast house, refit gutter at back of house, fit ali panel over rotten corner of window in bedroom 3”. Tenants are not responsible for water blasting the exterior of the house. The other repair work appears to be maintenance rather than tenant damage. b. [Maintenance] invoice 2. The invoice is for replacement of the front gate post. Given that this part of the property is easily accessible to the public and the premises were not occupied for a period of time, there is a real possibility that the post could have been damaged / removed a trespasser rather than the tenant or someone for whom the tenant was responsible. c. [Plumber invoice]. [The landlord/s] said that a section of copper pipe was missing. The [plumber] invoice is for repair of a “terminal vent”. One of [The landlord/s] photographs shows a disconnected downpipe, but this is not a terminal vent, and the downpipe is not made of copper. The evidence provided to me is limited and confusing. This part of the claim is not proven. Filing fee, bond, name suppression

The landlord has been successful in this application. I will award the landlord the filing fee for this application. Name suppression is granted to the landlord.

The bond will be released to the landlord.

Claims and awards in Tenancy Tribunal application 5050548 — net $36,451.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 September 2024	$10,350.00	Rent arrears to 17 September 2024
Lock/key replacement	$333.56	Lock/key replacement
Rubbish removal	$5,175.00	Rubbish removal
Repairs to walls and painting	$13,480.30	Repairs to walls and painting
Carpet replacement	$5,040.00	The claim for replacement of the carpet is proven. I have applied depreciation of 10% to the replacement cost claimed.
Curtains replacement	$765.20	Curtains replacement
Cleaning	$3,000.00	Cleaning
Pest control	$681.10	Pest control
Filing fee reimbursement	$27.00	30. The landlord has been successful in this application.
Net award	$36,451.86
Total payable by Tenant to Landlord	$36,451.86

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details. 2. 3.

Reasons

Background

The tenancy began on 14 December 2021.
The rent payments stopped in May 2024.
In September 2024, [The landlord/s] discovered that the premises had been abandoned.
The premises were left in a very poor state.
The landlord’s application seeks rent arrears, repairs, cleaning, rubbish removal, and replacement of chattels. The hearing took place in [Event location suppressed] on 9 December 2024. [The landlord/s] attended the hearing by phone, with the consent of the Tribunal. There was no appearance by Ms Harrison. Rent arrears
Tenants must give the landlord 28 days’ notice in writing to terminate a tenancy. If a tenant leaves the premises without terminating the tenancy, the tenant has abandoned the tenancy. The tenant is then liable for rent to the date that is 28- days from the date that the landlord discovered the abandonment.
As noted above, the tenant stopped paying rent in late May. [The landlord/s] said that she tried to contact the tenant many times by phone, without success. She also visited the premises. There were children present when she visited, but not the tenant.
[The landlord/s] said that a local resident told her that the premises were abandoned. [The landlord/s] recalled that this was sometime in mid-late September.
The claim seeks rent arrears to 22 October 2024.
[The landlord/s] invoices show that she had the locks changed on 18 September 2024. The massive amount of rubbish left at the property was removed by 20 September. The painter quoted to repair and paint the walls on 20 September. She had pest treatment carried out on 23 September.
It seems that [The landlord/s] effectively re-took possession of the premises on 18 September 2024. Ms Harrison is liable for rent arrears to 17 September 2024.
Per the landlord’s rent record, the arrears at that date were $10,350.00. Cleaning and rubbish removal
Tenants must remove all rubbish and leave the premises reasonably clean and tidy at the end of the tenancy.
[The landlord/s] photographs show that the premises were left in a shocking condition at the end of this tenancy.
There was rubbish left throughout the inside and around the outside of the house, along with abandoned furniture, clothing, and appliances.
The contractor hired a 30m3 skip bin to dispose of the rubbish.
The house was extremely dirty inside. The carpet was stained to the extent that it had to be replaced (this is discussed in more detail below).
Every part of the house needed to be extensively cleaned to return it to a reasonably clean and tidy standard.
The amounts claimed for cleaning and rubbish removal are proven, and are fair and reasonable. Repairs, replacement of chattels
[The landlord/s] photographs show that there were numerous holes in the walls, children’s writing on the walls, and torn wallpaper at the end of the tenancy. This damage is not noted in the tenancy agreement. [The landlord/s] noted that she carried out some property inspections in the early part of the tenancy, and the damage was not present at that time.
The claim seeks $16,850.38 for repairs to the walls and painting, per a quote from [Painter].
I accept that the extent of the damage to the walls necessitated complete re- painting of the interior.
The premises were re-decorated shortly before the start of this tenancy in 2021, including painting and new carpet. The tenancy lasted approximately two and a half years.
I will apply depreciation of 20% to the proven re-painting cost.
The new carpets were very badly stained during the tenancy and were infested with cockroaches. The cockroach problem persisted even after [The landlord/s] had the carpets replaced. [The landlord/s] said that she ultimately paid for six cockroach treatments. The claim seeks compensation for the cost of two of those treatments.
In some of [The landlord/s] photographs there is so much rubbish on the floor that it is not possible to see much of the carpet. The photographs that do show the carpet confirm [The landlord/s] statement that it was very badly stained, beyond all hope of cleaning.
The claim for replacement of the carpet is proven. I have applied depreciation of 10% to the replacement cost claimed.
There were several curtains missing or damaged. The cost of replacing the curtains is proven.
The following parts of [The landlord/s] claim are dismissed: a. [Maintenance] invoice 1. The work described on the invoice is “chem treat and waterblast house, refit gutter at back of house, fit ali panel over rotten corner of window in bedroom 3”. Tenants are not responsible for water blasting the exterior of the house. The other repair work appears to be maintenance rather than tenant damage. b. [Maintenance] invoice 2. The invoice is for replacement of the front gate post. Given that this part of the property is easily accessible to the public and the premises were not occupied for a period of time, there is a real possibility that the post could have been damaged / removed a trespasser rather than the tenant or someone for whom the tenant was responsible. c. [Plumber invoice]. [The landlord/s] said that a section of copper pipe was missing. The [plumber] invoice is for repair of a “terminal vent”. One of [The landlord/s] photographs shows a disconnected downpipe, but this is not a terminal vent, and the downpipe is not made of copper. The evidence provided to me is limited and confusing. This part of the claim is not proven. Filing fee, bond, name suppression
The landlord has been successful in this application. I will award the landlord the filing fee for this application. Name suppression is granted to the landlord.
The bond will be released to the landlord.

Tenancy Tribunal case 5050548 — Property damage

At a glance

Tenancy Tribunal case 5050548 — Property damage

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