How much money was awarded in case 5071368?

Rubbish Removal: $1,406.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4925353 D…: $931.97 awarded to landlord; Property Damage: $289.00 awarded to landlord; Property Damage: $3,830.28 awarded to landlord

What type of tenancy dispute was case 5071368?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5071368?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11508633-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5071368?

Rubbish Removal: $1,406.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4925353 D…: $931.97 awarded to landlord; Property Damage: $289.00 awarded to landlord; Property Damage: $3,830.28 awarded to landlord

What type of tenancy dispute was case 5071368?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5071368?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11508633-Tribunal_Order_Redacted.pdf.

Unit/Flat 7, 62 Spenmoor Street, Newlands, Wellington Tenancy Tribunal Case 5071368 — Property damage

Q: What was Tenancy Tribunal case 5071368 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5071368 — net $6,485.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4925353 dated 19/09/2024	$931.97	Previous order application 4925353 dated 19/09/2024
Repairs: gate, toilet seat, laundry door, repairing and painting walls	$3,830.28	Repairs: gate, toilet seat, laundry door, repairing and painting walls
Carpet Cleaning: cleaning & rubbish removal	$1,406.75	Carpet Cleaning: cleaning & rubbish removal
Lock/key replacement	$289.00	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,485.00
Total payable by Tenant to Landlord	$6,485.00

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

Mereana Brenda Ngapera Paku-Kaa and Kendal LIllian Rose Ottley must pay [The landlord/s] $6,485.00 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 9 September 2024 under application 4925353.

Reasons

The landlord attended the hearing represented by Ms Murrell.

There was no appearance for the tenants although the commencement of the hearing was delayed to allow for any late arrivals. They had been served with the notice of hearing, accordingly the hearing went ahead in their absence.

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

On 19 September the Tribunal made an order ending this tenancy, for rent arrears to 19 September 2024 and for insurance excess relating to the cooktop. The previous order is incorporated into this order for enforcement purposes. The bond was released as part of that order.

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

The landlord seeks compensation for having to clean the property, tidy up the garden, remove rubbish, treat the carpet stains and change the locks.

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 (RTA).

The landlord has established in evidence that the tenants did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return all keys that had been provided to them.

The amounts ordered are proven in evidence and considered reasonable.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to repair the following damage to the property: i. The front gate had a large dent which meant it could not close and had to be replaced. ii. The laundry door had come off its hinges. iii. The toilet seat had been damaged beyond repair. iv. Many holes had small holes, dents and large scuff marks.

To be successful in such claims, 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.

Having assessed the evidence I find that the landlord has proven that the damage occurred during the tenancy and was more likely than not caused by careless actions, it certainly exceeded fair wear and tear. There are a considerable number of marks on the walls that are disproportionate to a one- year tenancy of two tenants. Further, the property is only three years old and was provided in very good condition. The broken gate would have required considerable force to result in the established damage. Overall, the property appears to have been treated excessively roughly.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve their application for suppression.

Claims and awards in Tenancy Tribunal application 5071368 — net $6,485.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4925353 dated 19/09/2024	$931.97	Previous order application 4925353 dated 19/09/2024
Repairs: gate, toilet seat, laundry door, repairing and painting walls	$3,830.28	Repairs: gate, toilet seat, laundry door, repairing and painting walls
Carpet Cleaning: cleaning & rubbish removal	$1,406.75	Carpet Cleaning: cleaning & rubbish removal
Lock/key replacement	$289.00	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,485.00
Total payable by Tenant to Landlord	$6,485.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Mereana Brenda Ngapera Paku-Kaa and Kendal LIllian Rose Ottley must pay [The landlord/s] $6,485.00 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 9 September 2024 under application 4925353.

Reasons

The landlord attended the hearing represented by Ms Murrell.
There was no appearance for the tenants although the commencement of the hearing was delayed to allow for any late arrivals. They had been served with the notice of hearing, accordingly the hearing went ahead in their absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
On 19 September the Tribunal made an order ending this tenancy, for rent arrears to 19 September 2024 and for insurance excess relating to the cooktop. The previous order is incorporated into this order for enforcement purposes. The bond was released as part of that order.

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

The landlord seeks compensation for having to clean the property, tidy up the garden, remove rubbish, treat the carpet stains and change the locks.
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 (RTA).
The landlord has established in evidence that the tenants did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return all keys that had been provided to them.
The amounts ordered are proven in evidence and considered reasonable.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to repair the following damage to the property: i. The front gate had a large dent which meant it could not close and had to be replaced. ii. The laundry door had come off its hinges. iii. The toilet seat had been damaged beyond repair. iv. Many holes had small holes, dents and large scuff marks.
To be successful in such claims, 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.
Having assessed the evidence I find that the landlord has proven that the damage occurred during the tenancy and was more likely than not caused by careless actions, it certainly exceeded fair wear and tear. There are a considerable number of marks on the walls that are disproportionate to a one- year tenancy of two tenants. Further, the property is only three years old and was provided in very good condition. The broken gate would have required considerable force to result in the established damage. Overall, the property appears to have been treated excessively roughly.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve their application for suppression.

Tenancy Tribunal case 5071368 — Property damage at Unit/Flat 7, 62 Spenmoor Street, Newlands, Wellington

At a glance

Tenancy Tribunal case 5071368 — Property damage at Unit/Flat 7, 62 Spenmoor Street, Newlands, Wellington

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