What was Tenancy Tribunal case 5118674 about?

The tribunal order states: Sean Douglas Rowe and Sabrina Maria Laura Rowe must pay Inspire Real

How much money was awarded in case 5118674?

Filing Fee: $27.00 awarded to landlord; Property Damage: $2,750.00 awarded to landlord; Water Rates: $445.98 awarded to landlord

What type of tenancy dispute was case 5118674?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5118674?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11628466-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5118674 about?

The tribunal order states: Sean Douglas Rowe and Sabrina Maria Laura Rowe must pay Inspire Real

How much money was awarded in case 5118674?

Filing Fee: $27.00 awarded to landlord; Property Damage: $2,750.00 awarded to landlord; Water Rates: $445.98 awarded to landlord

What type of tenancy dispute was case 5118674?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5118674?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11628466-Tenancy_Tribunal_Order.pdf.

11 Fair Oaks, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 5118674 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5118674 — net $482.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$445.98	Water rates
Repairs: Wall and door damage & painting	$2,750.00	Repairs: Wall and door damage & painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$482.98
Total payable by Tenant to Landlord	$482.98

Sean Douglas Rowe and Sabrina Maria Laura Rowe must pay Inspire Real Estate Limited As Agent For Jon And Chloe Sundgren $482.98 immediately, calculated as shown in table below. DescriptionLandlord Water rates$445.98 Repairs: Wall and door damage & painting$2,750.00 Filing fee reimbursement$27.00 Total award$3,222.98 Bond$2,740.00 Total payable by Tenant to Landlord$482.98

The Bond Centre is to pay the bond of $2,740.00 (6383458-009) to Inspire Real Estate Limited As Agent For Jon And Chloe Sundgren immediately.

The request to amend the application to include cleaning costs is declined.

Reasons

A representative of the landlord attended the hearing by video link. The tenants did not attend. Calls to the tenants mobile numbers during the hearing were not successful.

The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The landlord had not submitted photographic evidence to support its claims before the hearing. Instructions for doing so are set out in the Notice of Hearing and a reminder was sent to the parties on Monday morning.

I remind the Landlord, that a party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Corroborating documents and photographs are an important part of discharging this burden of proof.

The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.” (emphasis added)

In this instance I accepted photographic evidence sent to the remote registry during the hearing. In future, the Landlord is expected to comply with the instructions in the Notice of Hearing.

The Landlord had only applied for compensation for repairs. During the hearing, the Landlord sent an email to the registry attempting to amend its claim to include cleaning costs. I do not allow that amendment.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount of $445.98 owing at the end of the tenancy.

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.

The Landlord claimed for a range of paint, wall and door damage. The damage occurred during the tenancy, some of it is fair wear and tear. To the extent that the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I award $2,750 for repairs.

As the landlord was substantially successful, I have awarded reimbursement of the Tribunal application fee.

Claims and awards in Tenancy Tribunal application 5118674 — net $482.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$445.98	Water rates
Repairs: Wall and door damage & painting	$2,750.00	Repairs: Wall and door damage & painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$482.98
Total payable by Tenant to Landlord	$482.98

Order

Sean Douglas Rowe and Sabrina Maria Laura Rowe must pay Inspire Real Estate Limited As Agent For Jon And Chloe Sundgren $482.98 immediately, calculated as shown in table below. DescriptionLandlord Water rates$445.98 Repairs: Wall and door damage & painting$2,750.00 Filing fee reimbursement$27.00 Total award$3,222.98 Bond$2,740.00 Total payable by Tenant to Landlord$482.98
The Bond Centre is to pay the bond of $2,740.00 (6383458-009) to Inspire Real Estate Limited As Agent For Jon And Chloe Sundgren immediately.
The request to amend the application to include cleaning costs is declined.

Reasons

A representative of the landlord attended the hearing by video link. The tenants did not attend. Calls to the tenants mobile numbers during the hearing were not successful.
The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord had not submitted photographic evidence to support its claims before the hearing. Instructions for doing so are set out in the Notice of Hearing and a reminder was sent to the parties on Monday morning.
I remind the Landlord, that a party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Corroborating documents and photographs are an important part of discharging this burden of proof.
The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.” (emphasis added)
In this instance I accepted photographic evidence sent to the remote registry during the hearing. In future, the Landlord is expected to comply with the instructions in the Notice of Hearing.
The Landlord had only applied for compensation for repairs. During the hearing, the Landlord sent an email to the registry attempting to amend its claim to include cleaning costs. I do not allow that amendment.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount of $445.98 owing at the end of the tenancy.

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.
The Landlord claimed for a range of paint, wall and door damage. The damage occurred during the tenancy, some of it is fair wear and tear. To the extent that the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I award $2,750 for repairs.
As the landlord was substantially successful, I have awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5118674 — Property damage at 11 Fair Oaks, Pukekohe, Pukekohe 2120

At a glance

Tenancy Tribunal case 5118674 — Property damage at 11 Fair Oaks, Pukekohe, Pukekohe 2120

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

How much is owed for water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions