What was the outcome of Tenancy Tribunal case 5112611?

The tribunal order states: Barry Phillips and Tessa Boyed must pay First Reserve Limited T/A Focus

How much money was awarded in case 5112611?

Cleaning: $6,325.00 awarded to landlord; Cleaning: $2,300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $575.00 awarded to landlord; Property Damage: $14,501.50 awarded to landlord; Property Damage: $660.00 awarded to landlord; Property Damage: $2,645.00 awarded to landlord; Replace Furnishings: $2,760.00 awarded to landlord; Rubbish Removal: $908.50 awarded to landlord; Water Rates: $32.40 awarded to landlord

What type of tenancy dispute was case 5112611?

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

Where can I read the official tribunal order for case 5112611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11923934-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5112611?

The tribunal order states: Barry Phillips and Tessa Boyed must pay First Reserve Limited T/A Focus

How much money was awarded in case 5112611?

Cleaning: $6,325.00 awarded to landlord; Cleaning: $2,300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $575.00 awarded to landlord; Property Damage: $14,501.50 awarded to landlord; Property Damage: $660.00 awarded to landlord; Property Damage: $2,645.00 awarded to landlord; Replace Furnishings: $2,760.00 awarded to landlord; Rubbish Removal: $908.50 awarded to landlord; Water Rates: $32.40 awarded to landlord

What type of tenancy dispute was case 5112611?

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

Where can I read the official tribunal order for case 5112611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11923934-Tenancy_Tribunal_Order.pdf.

9 Hamblyn Place, Ranui, Auckland 0612 Tenancy Tribunal Case 5112611 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5112611 — net $30,734.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$2,300.00	Cleaning
Rubbish removal	$908.50	Rubbish removal
Repairs	$14,501.50	Repairs
Carpet Cleaning	$6,325.00	Carpet Cleaning
Lock/key replacement	$660.00	Lock/key replacement
Replace furnishings	$2,760.00	Replace furnishings
Electrical fittings replacement/repair	$2,645.00	Electrical fittings replacement/repair
Lawns and Garden work	$575.00	Lawns and Garden work
Water rates	$32.40	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$30,734.40
Total payable by Tenant to Landlord	$30,734.40

Ms Dai attended the hearing on behalf of the landlord. The tenant did not attend.

Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.

The landlord made a previous application to Tenancy Services regarding this tenancy under application number 5065968. That claim resulted in an Order for termination, rent arrears and the bond to be refunded.

This application is for compensation and damages to the property.

How much is owed for water rates?

The tenancy ended on 8 December 2024. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy is $32.40.

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

At the end of a tenancy a tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

At the beginning of the tenancy the property was newly renovated, with new carpet, new paint and new flooring.

At the end of the tenancy the tenant left the property with a large amount of rubbish and soiled furniture in every room. The floor was covered in rubbish and animal faeces. Windows were broken and left open. The premises was extremely dirty, the oven was not working and the fence was broken. Rubbish and dirt had been traipsed into the carpet. The keys were not returned.

The condition of the premises exceeded not being reasonably clean and tidy; I determine the condition of the premises amounted to damage. The carpets and curtains were beyond being remediated through cleaning and they needed to be replaced.

The landlord provided oral evidence, photographs and invoices in support of the claim.

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 level of the damage was intentional.

The landlord stated that they chose not to make an insurance claim because the excess for each individual claim is $1,000.00 and it was more economical to pay for the work themselves.

The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off.

Because the property was newly renovated immediately before this tenancy, the tenancy was less than a year, and the landlord has suffered significant loss of rent as a result of having to completely renovate the property again, I have not deducted any amount for depreciation.

I have reduced the amount for cleaning as I consider $5,000.00 for cleaning a property, on top of an amounted awarded for rubbish removal and a considerable amount for repairs and repainting, to be unreasonable.

Because First Reserve Limited T/A Focus Rental As Agent For Depei Qiu has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5112611 — net $30,734.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$2,300.00	Cleaning
Rubbish removal	$908.50	Rubbish removal
Repairs	$14,501.50	Repairs
Carpet Cleaning	$6,325.00	Carpet Cleaning
Lock/key replacement	$660.00	Lock/key replacement
Replace furnishings	$2,760.00	Replace furnishings
Electrical fittings replacement/repair	$2,645.00	Electrical fittings replacement/repair
Lawns and Garden work	$575.00	Lawns and Garden work
Water rates	$32.40	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$30,734.40
Total payable by Tenant to Landlord	$30,734.40

Order

Barry Phillips and Tessa Boyed must pay First Reserve Limited T/A Focus Rental As Agent For Depei Qiu $30,734.40 immediately, calculated as shown in table below.

Reasons

Ms Dai attended the hearing on behalf of the landlord. The tenant did not attend.
Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
The landlord made a previous application to Tenancy Services regarding this tenancy under application number 5065968. That claim resulted in an Order for termination, rent arrears and the bond to be refunded.
This application is for compensation and damages to the property.

How much is owed for water rates?

The tenancy ended on 8 December 2024. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy is $32.40.

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

At the end of a tenancy a tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
At the beginning of the tenancy the property was newly renovated, with new carpet, new paint and new flooring.
At the end of the tenancy the tenant left the property with a large amount of rubbish and soiled furniture in every room. The floor was covered in rubbish and animal faeces. Windows were broken and left open. The premises was extremely dirty, the oven was not working and the fence was broken. Rubbish and dirt had been traipsed into the carpet. The keys were not returned.
The condition of the premises exceeded not being reasonably clean and tidy; I determine the condition of the premises amounted to damage. The carpets and curtains were beyond being remediated through cleaning and they needed to be replaced.
The landlord provided oral evidence, photographs and invoices in support of the claim.
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 level of the damage was intentional.
The landlord stated that they chose not to make an insurance claim because the excess for each individual claim is $1,000.00 and it was more economical to pay for the work themselves.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off.
Because the property was newly renovated immediately before this tenancy, the tenancy was less than a year, and the landlord has suffered significant loss of rent as a result of having to completely renovate the property again, I have not deducted any amount for depreciation.
I have reduced the amount for cleaning as I consider $5,000.00 for cleaning a property, on top of an amounted awarded for rubbish removal and a considerable amount for repairs and repainting, to be unreasonable.
Because First Reserve Limited T/A Focus Rental As Agent For Depei Qiu has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5112611 — Property damage at 9 Hamblyn Place, Ranui, Auckland 0612

At a glance

Tenancy Tribunal case 5112611 — Property damage at 9 Hamblyn Place, Ranui, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions