What was Tenancy Tribunal case 5100228 about?

The tribunal order states: [The tenant/s] must pay Far North Circle Real Estate Limited T/A Ray White

How much money was awarded in case 5100228?

Cleaning: $400.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns: $345.00 awarded to landlord; Pest Control: $345.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $1,759.50 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $1,922.14 awarded to landlord; Replace Letterbox: $57.50 awarded to landlord; Replace Missing Curtains: $1,322.50 awarded to landlord; Replace Wardrobe Louvre Door: $120.00 awarded to landlord; Rubbish Removal: $2,707.10 awarded to landlord; Secure Property After Abandonment: $109.25 awarded to landlord; Water Rates: $399.60 awarded to landlord

What type of tenancy dispute was case 5100228?

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

Where can I read the official tribunal order for case 5100228?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11386547-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5100228 about?

The tribunal order states: [The tenant/s] must pay Far North Circle Real Estate Limited T/A Ray White

How much money was awarded in case 5100228?

Cleaning: $400.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns: $345.00 awarded to landlord; Pest Control: $345.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $1,759.50 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $1,922.14 awarded to landlord; Replace Letterbox: $57.50 awarded to landlord; Replace Missing Curtains: $1,322.50 awarded to landlord; Replace Wardrobe Louvre Door: $120.00 awarded to landlord; Rubbish Removal: $2,707.10 awarded to landlord; Secure Property After Abandonment: $109.25 awarded to landlord; Water Rates: $399.60 awarded to landlord

What type of tenancy dispute was case 5100228?

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

Where can I read the official tribunal order for case 5100228?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11386547-Tenancy_Tribunal_Order.pdf.

9B Lake Road, Kaitaia 0410 Tenancy Tribunal Case 5100228 — Property damage

Claims and awards in Tenancy Tribunal application 5100228 — net $10,014.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 September 2024	$1,922.14	Rent arrears to 30 September 2024
Cleaning	$400.00	Cleaning
Rubbish removal	$2,707.10	Rubbish removal
Replace missing curtains	$1,322.50	Replace missing curtains
Secure property after abandonment	$109.25	Secure property after abandonment
Replace entrance door (insurance excess	$550.00	Replace entrance door (insurance excess
Replace sash window (insurance excess	$550.00	Replace sash window (insurance excess
Replace bedroom door (insurance excess	$550.00	Replace bedroom door (insurance excess
Replace kitchen cabinet (insurance excess	$550.00	Replace kitchen cabinet (insurance excess
Replace letterbox	$57.50	Replace letterbox
Repair holes in walls and painting	$1,759.50	Repair holes in walls and painting
Compensation – damage to fence	$500.00	Compensation – damage to fence
Replace wardrobe louvre door	$120.00	Replace wardrobe louvre door
Lawns	$345.00	Lawns
Pest control: Cockroaches	$345.00	Pest control: Cockroaches
Water rates	$399.60	Water rates
Filing fee reimbursement	$27.00	2022. I will apply depreciation of 20%.
Net award	$10,014.59
Total payable by Tenant to Landlord	$10,014.59

Claims and awards in Tenancy Tribunal application 5100228 — net $10,014.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 30 September 2024

$1,922.14

Rent arrears to 30 September 2024

Cleaning

$400.00

Cleaning

Rubbish removal

$2,707.10

Rubbish removal

Replace missing curtains

$1,322.50

Replace missing curtains

Secure property after abandonment

$109.25

Secure property after abandonment

Replace entrance door (insurance excess

$550.00

Replace entrance door (insurance excess

Replace sash window (insurance excess

$550.00

Replace sash window (insurance excess

Replace bedroom door (insurance excess

$550.00

Replace bedroom door (insurance excess

Replace kitchen cabinet (insurance excess

$550.00

Replace kitchen cabinet (insurance excess

Replace letterbox

$57.50

Replace letterbox

Repair holes in walls and painting

$1,759.50

Repair holes in walls and painting

Compensation – damage to fence

$500.00

Compensation – damage to fence

Replace wardrobe louvre door

$120.00

Replace wardrobe louvre door

Lawns

$345.00

Lawns

Pest control: Cockroaches

$345.00

Pest control: Cockroaches

Water rates

$399.60

Water rates

Filing fee reimbursement

$27.00

2022. I will apply depreciation of 20%.

Net award

$10,014.59

Total payable by Tenant to Landlord

$10,014.59

Order

[The tenant/s] must pay Far North Circle Real Estate Limited T/A Ray White As Agent For Sheshan Dimbulane $10,014.59 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,200.00 (3096721-004) to Far North Circle Real Estate Limited t/as Ray White (as agent for Sheshan Dimbulane) immediately.

Reasons

The landlord’s application seeks rent arrears, cleaning, rubbish removal, repairs, and other costs.

The hearing took place in Kaitaia on 3 February 2024. Ms Loane represented the landlord. There was no appearance by the tenant. Rent arrears

Ms Loane said that the premises were found abandoned on 30 September 2024. The tenant’s last rent payment was on 2 September. The rent record shows rent arrears of $1,922.14 to 30 September.

The landlord is not seeking rent in lieu of notice for abandonment. Cleaning, rubbish removal, pest control, lawns

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

Ms Loane provided photographs that were taken on and shortly after 30 September 2024. The photographs show that the tenant left the property in a very unclean and untidy state. There was a large amount of rubbish left outside the house and in a shed / garage. There was a cockroach infestation at the property. The lawns were very overgrown.

The amount claimed for rubbish removal and disposal is significant, but the cost is justified by the landlord’s evidence. The rubbish left behind included numerous large items of furniture (couches, tables, drawers, bedframes etc) as well as general rubbish (clothing, bikes, bagged rubbish, etc). Ms Loane said that there was also rubbish dumped in the overgrown lawns that was only discovered when the landlord’s contractor attempted to mow the lawns.

The lawns had to be mowed twice.

The rubbish and mess caused a cockroach infestation.

The tenant is liable for the proven costs of cleaning, rubbish removal, pest treatment, and lawn mowing. Damage, missing chattels

Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy.

The tenant is liable for damage caused by themselves or by anyone who is at the premises with the tenant’s consent.

The landlord’s evidence establishes that the following damage occurred during this tenancy: a. Damage to doors – front door, bedroom door, louvre wardrobe door. b. Cupboard removed in kitchen. c. Sash window removed from house. d. Damaged letterbox. e. Boundary fence broken. f. Damage to walls. g. Curtains missing.

The damage is beyond fair wear and tear. Some of the damage is careless damage and some (such as the smashed doors) is intentional damage.

The owner made an insurance claim and received settlement for some of the damage. Ms Loane’s information shows that the owner’s insurer accepted the claims for damage to the entrance door, the bedroom door, the sash window, and the kitchen cabinet. The only amount that the owner has paid for those repairs is the insurance claim excess, which is $550.00.

In terms of the other damage: a. The tenant removed all of the curtains in the house. Ms Loane submitted that the property was renovated shortly before the start of this tenancy and therefore the curtains were approximately 2-years old at the end of this tenancy. The proven cost of replacing the curtains is $1,653.13. The tenant is liable for the missing curtains. I will apply depreciation of 20% to the new replacement cost claimed. b. The claim seeks $2,199.38 for repairs and painting the walls in the lounge and hallway, per an invoice from PC Painters. Ms Loane provided photographs showing several holes in the walls in the lounge and hallway. Some of the holes had been partially repaired by the tenant. The tenant had stuck some large mirror stickers on the wall in the lounge, which took a substantial part of the painted wall with them when they were removed. There were large wall stickers throughout other parts of the house. In short the landlord’s evidence shows damage to the walls in the lounge in hallway that is beyond fair wear and tear. It was necessary to repair the holes and re-paint these areas. The cost of that work was $2,199.38. Some depreciation must be applied to the painting cost. Ms Loane’s photographs show that the interior paintwork is in generally good condition, consistent with the property being refurbished before the start of the tenancy in 2022. I will apply depreciation of 20%. c. Ms Loane said that the tenant acknowledged damaging the letterbox during the tenancy. The cost of reinstatement proven. d. Ms Loane said that the tenant also acknowledged the damage to the boundary fence during the tenancy. It appears that a visitor backed into it. I was provided with only one photograph of the damaged fence, taken from a distance. It is a close-boarded wooden fence. It appears that the impact has pushed the fence over and part of it is resting on a shipping container on the neighbour’s property. However, the extent of the damage cannot be seen on the single photograph. The landlord provided a quote for $3,910.00 for replacement of 16m of fencing. Ms Loane said that the damage is not covered by the landlord’s insurance. I have no information about the age and previous condition of the fencing. I am satisfied that there was damage to the fence during the tenancy and the tenant is legally liable for that damage. However, given the very limited information about the nature and extent of the damage and the reasonable cost of repair I must make a conservative award of compensation. I will award $500.00. e. The cost of replacing the louvre wardrobe door is not itemised in the invoice from Far North Property Maintenance Ltd. The invoice notes that a 2 nd hand replacement was used. I will award $120.00 for materials and labour. Water rates, filing fee, bond

Water rates are owed to the end of the tenancy.

The landlord has been successful in this application and I must also award the landlord the filing fee of $20.44.

The bond will be released to the landlord.

Claims and awards in Tenancy Tribunal application 5100228 — net $10,014.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 September 2024	$1,922.14	Rent arrears to 30 September 2024
Cleaning	$400.00	Cleaning
Rubbish removal	$2,707.10	Rubbish removal
Replace missing curtains	$1,322.50	Replace missing curtains
Secure property after abandonment	$109.25	Secure property after abandonment
Replace entrance door (insurance excess	$550.00	Replace entrance door (insurance excess
Replace sash window (insurance excess	$550.00	Replace sash window (insurance excess
Replace bedroom door (insurance excess	$550.00	Replace bedroom door (insurance excess
Replace kitchen cabinet (insurance excess	$550.00	Replace kitchen cabinet (insurance excess
Replace letterbox	$57.50	Replace letterbox
Repair holes in walls and painting	$1,759.50	Repair holes in walls and painting
Compensation – damage to fence	$500.00	Compensation – damage to fence
Replace wardrobe louvre door	$120.00	Replace wardrobe louvre door
Lawns	$345.00	Lawns
Pest control: Cockroaches	$345.00	Pest control: Cockroaches
Water rates	$399.60	Water rates
Filing fee reimbursement	$27.00	2022. I will apply depreciation of 20%.
Net award	$10,014.59
Total payable by Tenant to Landlord	$10,014.59

Claims and awards in Tenancy Tribunal application 5100228 — net $10,014.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 30 September 2024

$1,922.14

Rent arrears to 30 September 2024

Cleaning

$400.00

Cleaning

Rubbish removal

$2,707.10

Rubbish removal

Replace missing curtains

$1,322.50

Replace missing curtains

Secure property after abandonment

$109.25

Secure property after abandonment

Replace entrance door (insurance excess

$550.00

Replace entrance door (insurance excess

Replace sash window (insurance excess

$550.00

Replace sash window (insurance excess

Replace bedroom door (insurance excess

$550.00

Replace bedroom door (insurance excess

Replace kitchen cabinet (insurance excess

$550.00

Replace kitchen cabinet (insurance excess

Replace letterbox

$57.50

Replace letterbox

Repair holes in walls and painting

$1,759.50

Repair holes in walls and painting

Compensation – damage to fence

$500.00

Compensation – damage to fence

Replace wardrobe louvre door

$120.00

Replace wardrobe louvre door

Lawns

$345.00

Lawns

Pest control: Cockroaches

$345.00

Pest control: Cockroaches

Water rates

$399.60

Water rates

Filing fee reimbursement

$27.00

2022. I will apply depreciation of 20%.

Net award

$10,014.59

Total payable by Tenant to Landlord

$10,014.59

Order

[The tenant/s] must pay Far North Circle Real Estate Limited T/A Ray White As Agent For Sheshan Dimbulane $10,014.59 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 (3096721-004) to Far North Circle Real Estate Limited t/as Ray White (as agent for Sheshan Dimbulane) immediately.

Reasons

The landlord’s application seeks rent arrears, cleaning, rubbish removal, repairs, and other costs.
The hearing took place in Kaitaia on 3 February 2024. Ms Loane represented the landlord. There was no appearance by the tenant. Rent arrears
Ms Loane said that the premises were found abandoned on 30 September 2024. The tenant’s last rent payment was on 2 September. The rent record shows rent arrears of $1,922.14 to 30 September.
The landlord is not seeking rent in lieu of notice for abandonment. Cleaning, rubbish removal, pest control, lawns
Tenants must remove all rubbish and leave the premises reasonably clean and tidy at the end of the tenancy.
Ms Loane provided photographs that were taken on and shortly after 30 September 2024. The photographs show that the tenant left the property in a very unclean and untidy state. There was a large amount of rubbish left outside the house and in a shed / garage. There was a cockroach infestation at the property. The lawns were very overgrown.
The amount claimed for rubbish removal and disposal is significant, but the cost is justified by the landlord’s evidence. The rubbish left behind included numerous large items of furniture (couches, tables, drawers, bedframes etc) as well as general rubbish (clothing, bikes, bagged rubbish, etc). Ms Loane said that there was also rubbish dumped in the overgrown lawns that was only discovered when the landlord’s contractor attempted to mow the lawns.
The lawns had to be mowed twice.
The rubbish and mess caused a cockroach infestation.
The tenant is liable for the proven costs of cleaning, rubbish removal, pest treatment, and lawn mowing. Damage, missing chattels
Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy.
The tenant is liable for damage caused by themselves or by anyone who is at the premises with the tenant’s consent.
The landlord’s evidence establishes that the following damage occurred during this tenancy: a. Damage to doors – front door, bedroom door, louvre wardrobe door. b. Cupboard removed in kitchen. c. Sash window removed from house. d. Damaged letterbox. e. Boundary fence broken. f. Damage to walls. g. Curtains missing.
The damage is beyond fair wear and tear. Some of the damage is careless damage and some (such as the smashed doors) is intentional damage.
The owner made an insurance claim and received settlement for some of the damage. Ms Loane’s information shows that the owner’s insurer accepted the claims for damage to the entrance door, the bedroom door, the sash window, and the kitchen cabinet. The only amount that the owner has paid for those repairs is the insurance claim excess, which is $550.00.
In terms of the other damage: a. The tenant removed all of the curtains in the house. Ms Loane submitted that the property was renovated shortly before the start of this tenancy and therefore the curtains were approximately 2-years old at the end of this tenancy. The proven cost of replacing the curtains is $1,653.13. The tenant is liable for the missing curtains. I will apply depreciation of 20% to the new replacement cost claimed. b. The claim seeks $2,199.38 for repairs and painting the walls in the lounge and hallway, per an invoice from PC Painters. Ms Loane provided photographs showing several holes in the walls in the lounge and hallway. Some of the holes had been partially repaired by the tenant. The tenant had stuck some large mirror stickers on the wall in the lounge, which took a substantial part of the painted wall with them when they were removed. There were large wall stickers throughout other parts of the house. In short the landlord’s evidence shows damage to the walls in the lounge in hallway that is beyond fair wear and tear. It was necessary to repair the holes and re-paint these areas. The cost of that work was $2,199.38. Some depreciation must be applied to the painting cost. Ms Loane’s photographs show that the interior paintwork is in generally good condition, consistent with the property being refurbished before the start of the tenancy in 2022. I will apply depreciation of 20%. c. Ms Loane said that the tenant acknowledged damaging the letterbox during the tenancy. The cost of reinstatement proven. d. Ms Loane said that the tenant also acknowledged the damage to the boundary fence during the tenancy. It appears that a visitor backed into it. I was provided with only one photograph of the damaged fence, taken from a distance. It is a close-boarded wooden fence. It appears that the impact has pushed the fence over and part of it is resting on a shipping container on the neighbour’s property. However, the extent of the damage cannot be seen on the single photograph. The landlord provided a quote for $3,910.00 for replacement of 16m of fencing. Ms Loane said that the damage is not covered by the landlord’s insurance. I have no information about the age and previous condition of the fencing. I am satisfied that there was damage to the fence during the tenancy and the tenant is legally liable for that damage. However, given the very limited information about the nature and extent of the damage and the reasonable cost of repair I must make a conservative award of compensation. I will award $500.00. e. The cost of replacing the louvre wardrobe door is not itemised in the invoice from Far North Property Maintenance Ltd. The invoice notes that a 2 nd hand replacement was used. I will award $120.00 for materials and labour. Water rates, filing fee, bond
Water rates are owed to the end of the tenancy.
The landlord has been successful in this application and I must also award the landlord the filing fee of $20.44.
The bond will be released to the landlord.

Tenancy Tribunal case 5100228 — Property damage at 9B Lake Road, Kaitaia 0410

At a glance

Tenancy Tribunal case 5100228 — Property damage at 9B Lake Road, Kaitaia 0410

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions