How much money was awarded in case 5169253?

Property Damage: $168.88 awarded to landlord

What type of tenancy dispute was case 5169253?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5169253?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11934856-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5169253?

Property Damage: $168.88 awarded to landlord

What type of tenancy dispute was case 5169253?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5169253?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11934856-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5169253 — Property damage

Q: What was Tenancy Tribunal case 5169253 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 5169253 — net $168.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Painting & repair work	$168.88	Painting & repair work
Net award	$168.88
Bond	$3,380.00
Total payable by Tenant to Landlord	$168.88

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’ names and identifying details.

[The tenant/s] to pay Omokoroa Property Management Limited As Agent For Zest Bay Of Plenty Limited, $168.88 from the bond, calculated as shown in the table below.

The Bond Centre is to pay the bond of $3,380.00 ([Bond number suppressed]) immediately apportioned as follows: Omokoroa Property Management Limited As Agent For Zest Bay Of Plenty Limited,: $168.88 [The tenant/s]: $3,211.12

Reasons

The hearing was held by teleconference and attended by both parties.

This matter relates to a tenancy that commenced on 10 May 2024 and ended on 16 December 2024. The weekly rent was $845 and the bond held was $3,380.

The landlord has filed an application for compensation following the end of the tenancy. The three claims advanced relate to final water charges, repair of a laundry tap leak, and painting and repair work to parts of the interior walls and a bedroom window sill. The Parties’ Positions

The landlord seeks reimbursement for three items: a. Final water charges amounting to $166.84; b. $118.45 for plumbing work to repair a leak in the laundry area following the removal of the tenants’ washing machine; and c. $337.76 for painting and minor repair work to walls in the rumpus and living rooms and a bedroom window sill.

The landlord says the tenants were made aware of these issues prior to the tenancy ending and were given an opportunity to address them. The landlord provided photographs and invoices in support of each claim.

The tenants submitted that the water bill had been paid in full. They disputed the other claims. In relation to the plumbing issue, the tenants say they connected their washing machine to an existing hose, found it blocked, and replaced it. They deny leaving a leak and say there was no evidence of one at the time they vacated. Regarding the paint repairs, the tenants say the home already had multiple holes in the walls when they moved in and argue that they should not be held liable for minor screw holes left behind. They also stated they offered to return or arrange repairs through a tradesperson but were not given the opportunity. Legal Framework

A tenant is responsible for water charges incurred during the tenancy on the basis of consumption (see sections 39 Residential Tenancies Act 1986 (“RTA”) and for damage that is careless or intentional but are not liable for fair wear and tear (section 40 RTA).

Landlords are entitled to recover costs where they can establish that the tenants breached their obligations and that reasonable steps were taken to mitigate loss.

The landlord bears the onus of proof to establish these claims on the balance of probabilities. Analysis and Findings

The water bill claim was withdrawn following the landlord confirming during the hearing that the tenants had paid this on 19 December 2024.

With respect to the plumbing claim, the Tribunal is not persuaded that the tenants were responsible. The plumber’s invoice does not clearly attribute the cause of the leak to the tenants. The tenants’ narrative is credible, and it is also relevant that the fixture was not checked until after the tenancy ended. It appears more likely that this was a maintenance issue, and the claim is dismissed.

Regarding the wall and sill damage, the tenants admit to having installed a headboard and TV brackets, but argue that there were numerous holes already present when they moved in. There is no entry inspection report provided by the landlord to establish the prior condition of the walls. In the absence of that evidence, the Tribunal cannot determine the full extent of new versus pre-existing damage. The tenants’ acknowledgment of some damage and their willingness to repair, combined with the landlord’s right to ensure the home is restored, warrants a partial award. The Tribunal allows 50% of the claimed cost, that being $168.88. Suppression and Filing Fee

The landlord is not granted name suppression or reimbursement of the filing fee as they were not substantially successful. Conversely, the tenants were largely successful in defending the application and are granted name suppression.

Claims and awards in Tenancy Tribunal application 5169253 — net $168.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Painting & repair work	$168.88	Painting & repair work
Net award	$168.88
Bond	$3,380.00
Total payable by Tenant to Landlord	$168.88

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’ names and identifying details.
[The tenant/s] to pay Omokoroa Property Management Limited As Agent For Zest Bay Of Plenty Limited, $168.88 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $3,380.00 ([Bond number suppressed]) immediately apportioned as follows: Omokoroa Property Management Limited As Agent For Zest Bay Of Plenty Limited,: $168.88 [The tenant/s]: $3,211.12

Reasons

The hearing was held by teleconference and attended by both parties.
This matter relates to a tenancy that commenced on 10 May 2024 and ended on 16 December 2024. The weekly rent was $845 and the bond held was $3,380.
The landlord has filed an application for compensation following the end of the tenancy. The three claims advanced relate to final water charges, repair of a laundry tap leak, and painting and repair work to parts of the interior walls and a bedroom window sill. The Parties’ Positions
The landlord seeks reimbursement for three items: a. Final water charges amounting to $166.84; b. $118.45 for plumbing work to repair a leak in the laundry area following the removal of the tenants’ washing machine; and c. $337.76 for painting and minor repair work to walls in the rumpus and living rooms and a bedroom window sill.
The landlord says the tenants were made aware of these issues prior to the tenancy ending and were given an opportunity to address them. The landlord provided photographs and invoices in support of each claim.
The tenants submitted that the water bill had been paid in full. They disputed the other claims. In relation to the plumbing issue, the tenants say they connected their washing machine to an existing hose, found it blocked, and replaced it. They deny leaving a leak and say there was no evidence of one at the time they vacated. Regarding the paint repairs, the tenants say the home already had multiple holes in the walls when they moved in and argue that they should not be held liable for minor screw holes left behind. They also stated they offered to return or arrange repairs through a tradesperson but were not given the opportunity. Legal Framework
A tenant is responsible for water charges incurred during the tenancy on the basis of consumption (see sections 39 Residential Tenancies Act 1986 (“RTA”) and for damage that is careless or intentional but are not liable for fair wear and tear (section 40 RTA).
Landlords are entitled to recover costs where they can establish that the tenants breached their obligations and that reasonable steps were taken to mitigate loss.
The landlord bears the onus of proof to establish these claims on the balance of probabilities. Analysis and Findings
The water bill claim was withdrawn following the landlord confirming during the hearing that the tenants had paid this on 19 December 2024.
With respect to the plumbing claim, the Tribunal is not persuaded that the tenants were responsible. The plumber’s invoice does not clearly attribute the cause of the leak to the tenants. The tenants’ narrative is credible, and it is also relevant that the fixture was not checked until after the tenancy ended. It appears more likely that this was a maintenance issue, and the claim is dismissed.
Regarding the wall and sill damage, the tenants admit to having installed a headboard and TV brackets, but argue that there were numerous holes already present when they moved in. There is no entry inspection report provided by the landlord to establish the prior condition of the walls. In the absence of that evidence, the Tribunal cannot determine the full extent of new versus pre-existing damage. The tenants’ acknowledgment of some damage and their willingness to repair, combined with the landlord’s right to ensure the home is restored, warrants a partial award. The Tribunal allows 50% of the claimed cost, that being $168.88. Suppression and Filing Fee
The landlord is not granted name suppression or reimbursement of the filing fee as they were not substantially successful. Conversely, the tenants were largely successful in defending the application and are granted name suppression.

Tenancy Tribunal case 5169253 — Property damage

At a glance

Tenancy Tribunal case 5169253 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions