What was Tenancy Tribunal case 5057528 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 5057528?

Cleaning: $138.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lightbulbs: $10.35 awarded to landlord; Property Damage: $172.50 awarded to landlord; Property Damage: $402.50 awarded to landlord; Property Damage: $345.00 awarded to landlord

What type of tenancy dispute was case 5057528?

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

Where can I read the official tribunal order for case 5057528?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11682070-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5057528 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 5057528?

Cleaning: $138.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lightbulbs: $10.35 awarded to landlord; Property Damage: $172.50 awarded to landlord; Property Damage: $402.50 awarded to landlord; Property Damage: $345.00 awarded to landlord

What type of tenancy dispute was case 5057528?

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

Where can I read the official tribunal order for case 5057528?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11682070-Tribunal_Order_Redacted.pdf.

130A Robertson Road, Mangere East, Auckland 2024 Tenancy Tribunal Case 5057528 — Property damage

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130A Robertson Road, Mangere East, Auckland 2024 Tenancy Tribunal Case 5057528 — 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 5057528 — net $1,095.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$138.00	Carpet Cleaning
Mirror replacement	$172.50	Mirror replacement
Light bulbs/batteries	$10.35	Light bulbs/batteries
Curtain wash/ toilet light repair/ window latch repair	$402.50	Curtain wash/ toilet light repair/ window latch repair
Wall repairs	$345.00	Wall repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,095.35
Bond	$2,100.00
Total payable by Tenant to Landlord	$1,095.35

Claims and awards for application 5057528 — net $1,095.35 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $138.00
Awarded to: Landlord
Reason: Carpet Cleaning

Mirror replacement

Amount: $172.50
Awarded to: Landlord
Reason: Mirror replacement

Light bulbs/batteries

Amount: $10.35
Awarded to: Landlord
Reason: Light bulbs/batteries

Curtain wash/ toilet light repair/ window latch repair

Amount: $402.50
Awarded to: Landlord
Reason: Curtain wash/ toilet light repair/ window latch repair

Wall repairs

Amount: $345.00
Awarded to: Landlord
Reason: Wall repairs

Claim types — money lines allowed on this order

Carpet Cleaning 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.
Hope Tamihana must pay [The landlord/s] $1,095.35 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,100.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,095.35 Hope Tamihana: $1,004.65

Reasons

The landlord attended the hearing which was held by videoconference. The tenant did not attend and was unable to be contacted on the phone number specified in the Notice of 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.
An Order of the Tribunal dated 5 November 2024 directed that the landlord provided numbered entry and exit inspection photographs in support of its claims.
Those photographs have been provided.

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 must also replace standard light bulbs.
The photographs provided show that rubbish was left at the premises which the landlord had to pay to have removed. The landlord’s evidence, which I accept is that the tenant had an unauthorised dog living at the premises. The landlord is entitled to be compensated for the cost of having the carpets cleaned. Those costs are proved by the invoice provided.
The photographs do not prove that the tenant breached her obligation to otherwise leave the premises reasonably clean and tidy. That part of the landlord’s claim is dismissed.

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.
A comparison of the entry and exit inspection photographs proves that during the tenancy: a. the curtains were stained and required washing b. a bathroom mirror was broken c. a toilet light had been cut off d. a window latch required repair e. there were holes in walls that required patching and painting.
The costs incurred by the landlord to repair that damage are reasonable and are proved by the invoice provided. The landlord is entitled to be compensated for those costs.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

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 5057528 — net $1,095.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$138.00	Carpet Cleaning
Mirror replacement	$172.50	Mirror replacement
Light bulbs/batteries	$10.35	Light bulbs/batteries
Curtain wash/ toilet light repair/ window latch repair	$402.50	Curtain wash/ toilet light repair/ window latch repair
Wall repairs	$345.00	Wall repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,095.35
Bond	$2,100.00
Total payable by Tenant to Landlord	$1,095.35

Claims and awards for application 5057528 — net $1,095.35 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $138.00
Awarded to: Landlord
Reason: Carpet Cleaning

Mirror replacement

Amount: $172.50
Awarded to: Landlord
Reason: Mirror replacement

Light bulbs/batteries

Amount: $10.35
Awarded to: Landlord
Reason: Light bulbs/batteries

Curtain wash/ toilet light repair/ window latch repair

Amount: $402.50
Awarded to: Landlord
Reason: Curtain wash/ toilet light repair/ window latch repair

Wall repairs

Amount: $345.00
Awarded to: Landlord
Reason: Wall repairs

Claim types — money lines allowed on this order

Carpet Cleaning 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.
Hope Tamihana must pay [The landlord/s] $1,095.35 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,100.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,095.35 Hope Tamihana: $1,004.65

Reasons

The landlord attended the hearing which was held by videoconference. The tenant did not attend and was unable to be contacted on the phone number specified in the Notice of 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.
An Order of the Tribunal dated 5 November 2024 directed that the landlord provided numbered entry and exit inspection photographs in support of its claims.
Those photographs have been provided.

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 must also replace standard light bulbs.
The photographs provided show that rubbish was left at the premises which the landlord had to pay to have removed. The landlord’s evidence, which I accept is that the tenant had an unauthorised dog living at the premises. The landlord is entitled to be compensated for the cost of having the carpets cleaned. Those costs are proved by the invoice provided.
The photographs do not prove that the tenant breached her obligation to otherwise leave the premises reasonably clean and tidy. That part of the landlord’s claim is dismissed.

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.
A comparison of the entry and exit inspection photographs proves that during the tenancy: a. the curtains were stained and required washing b. a bathroom mirror was broken c. a toilet light had been cut off d. a window latch required repair e. there were holes in walls that required patching and painting.
The costs incurred by the landlord to repair that damage are reasonable and are proved by the invoice provided. The landlord is entitled to be compensated for those costs.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5057528 — Property damage at 130A Robertson Road, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 5057528 — Property damage at 130A Robertson Road, Mangere East, Auckland 2024

At a glance

Award balance

Claims & awards

Order

Reasons

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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Frequently asked questions