What was Tenancy Tribunal case 5122428 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 5122428?

Filing Fee: $27.00 awarded to landlord; Curtains: $1,502.85 awarded to landlord; Windows: $1,276.27 awarded to landlord; Rubbish Removal: $2,185.00 awarded to landlord; Water Rates: $47.27 awarded to landlord

What type of tenancy dispute was case 5122428?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5122428?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11508843-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5122428 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 5122428?

Filing Fee: $27.00 awarded to landlord; Curtains: $1,502.85 awarded to landlord; Windows: $1,276.27 awarded to landlord; Rubbish Removal: $2,185.00 awarded to landlord; Water Rates: $47.27 awarded to landlord

What type of tenancy dispute was case 5122428?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5122428?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11508843-Tribunal_Order_Redacted.pdf.

38A Maplesden Drive, Clendon Park, Auckland 2103 Tenancy Tribunal Case 5122428 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5122428 — net $5,038.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$47.27	Water rates
Rubbish removal: and cleaning	$2,185.00	Rubbish removal: and cleaning
Repairs: windows	$1,276.27	Repairs: windows
Repairs: curtains	$1,502.85	Repairs: curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,038.39
Total payable by Tenant to Landlord	$5,038.39

The landlord attended the hearing. The tenant did not.

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

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

WATER RATES

The tenancy ended on 16 January 2025.

The landlord provided an invoice from Watercare dated 18 January 2024 for $447.06. The invoice referred to an outstanding balance of $376.89 owing. The invoices to support the outstanding balance were not submitted. I am uncertain whether the outstanding balance includes the fixed wastewater charges, which the tenant is not liable to pay.

Therefore, the landlord’s claim for water rates is granted for a total of $47.27, which is the singular bill for the water invoice dated 18 January 2024, excluding the fixed wastewater charge. CLEANING & RUBBISH REMOVAL

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The landlord submitted photographs of the property taken at the end of the tenancy, which prove the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The photographs show abandoned mattresses left outside the property. There is also rubbish, clothes and other miscellaneous household items in the house left by the tenant.

The landlord submitted an invoice for $2,185.00 for cleaning and rubbish removal. The landlord’s claim for compensation is granted in full for this amount.

The amount ordered is proved.

DAMAGE

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 gave evidence that the property was significantly damaged by the tenant during the tenancy. The landlord lodged a claim with their insurer, which was accepted and a cash settlement of $110,000.00 was agreed to by the landlord.

The landlord gave evidence that their insurance excess was $1,500.00.

The landlord gave evidence that the cash settlement did not cover the cost of all of the repairs. The landlord seeks the shortfall, which represents the cost incurred to repair the windows and replace the curtains. The landlord did not seek to recover their excess.

The landlord submitted photographs of the property taken at the end of the tenancy. These photographs show the majority of windows in the property are shattered and broken. They also show curtains missing from all but one set of windows.

The landlord did not submit any photographs from the beginning of the tenancy, but gave evidence that the windows were intact and there were curtains in all of the bedrooms.

I find that the tenant removed all but one set of curtains and damaged the majority of windows at the property during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability.

The landlord has had the curtains replaced at a cost of $1,502.85 and submitted an invoice for this amount. The landlord gave evidence that the replacement curtains were the same as the ones that were present at the beginning of the tenancy.

The landlord has also had the windows repaired at a cost of $1,276.27 and submitted an invoice for this amount.

The landlord’s claim for compensation for damage is granted in full for $1,502.85 for the curtains and $1,276.27 for the windows.

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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

FILING FEE

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5122428 — net $5,038.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$47.27	Water rates
Rubbish removal: and cleaning	$2,185.00	Rubbish removal: and cleaning
Repairs: windows	$1,276.27	Repairs: windows
Repairs: curtains	$1,502.85	Repairs: curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,038.39
Total payable by Tenant to Landlord	$5,038.39

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Kelly Kuini Rimene must pay [The landlord/s] $5,038.39 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for outstanding water rates, compensation and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

WATER RATES

The tenancy ended on 16 January 2025.
The landlord provided an invoice from Watercare dated 18 January 2024 for $447.06. The invoice referred to an outstanding balance of $376.89 owing. The invoices to support the outstanding balance were not submitted. I am uncertain whether the outstanding balance includes the fixed wastewater charges, which the tenant is not liable to pay.
Therefore, the landlord’s claim for water rates is granted for a total of $47.27, which is the singular bill for the water invoice dated 18 January 2024, excluding the fixed wastewater charge. CLEANING & RUBBISH REMOVAL
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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord submitted photographs of the property taken at the end of the tenancy, which prove the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The photographs show abandoned mattresses left outside the property. There is also rubbish, clothes and other miscellaneous household items in the house left by the tenant.
The landlord submitted an invoice for $2,185.00 for cleaning and rubbish removal. The landlord’s claim for compensation is granted in full for this amount.
The amount ordered is proved.

DAMAGE

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 gave evidence that the property was significantly damaged by the tenant during the tenancy. The landlord lodged a claim with their insurer, which was accepted and a cash settlement of $110,000.00 was agreed to by the landlord.
The landlord gave evidence that their insurance excess was $1,500.00.
The landlord gave evidence that the cash settlement did not cover the cost of all of the repairs. The landlord seeks the shortfall, which represents the cost incurred to repair the windows and replace the curtains. The landlord did not seek to recover their excess.
The landlord submitted photographs of the property taken at the end of the tenancy. These photographs show the majority of windows in the property are shattered and broken. They also show curtains missing from all but one set of windows.
The landlord did not submit any photographs from the beginning of the tenancy, but gave evidence that the windows were intact and there were curtains in all of the bedrooms.
I find that the tenant removed all but one set of curtains and damaged the majority of windows at the property during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability.
The landlord has had the curtains replaced at a cost of $1,502.85 and submitted an invoice for this amount. The landlord gave evidence that the replacement curtains were the same as the ones that were present at the beginning of the tenancy.
The landlord has also had the windows repaired at a cost of $1,276.27 and submitted an invoice for this amount.
The landlord’s claim for compensation for damage is granted in full for $1,502.85 for the curtains and $1,276.27 for the windows.
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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

FILING FEE

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5122428 — Property damage at 38A Maplesden Drive, Clendon Park, Auckland 2103

At a glance

Tenancy Tribunal case 5122428 — Property damage at 38A Maplesden Drive, Clendon Park, Auckland 2103

At a glance

Award balance

Claims & awards

Order

Reasons

WATER RATES

DAMAGE

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

WATER RATES

DAMAGE

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions