What was Tenancy Tribunal case 5220013 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 5220013?

Filing Fee: $27.00 awarded to landlord; Property Damage: $240.00 awarded to landlord; Property Damage: $437.00 awarded to landlord; Property Damage: $9,680.30 awarded to landlord

What type of tenancy dispute was case 5220013?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5220013?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12041962-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5220013 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 5220013?

Filing Fee: $27.00 awarded to landlord; Property Damage: $240.00 awarded to landlord; Property Damage: $437.00 awarded to landlord; Property Damage: $9,680.30 awarded to landlord

What type of tenancy dispute was case 5220013?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5220013?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12041962-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5220013 — Property damage

Claims and awards in Tenancy Tribunal application 5220013 — net $9,940.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$240.00	Lock/key replacement
Kitchen bench repair	$437.00	Kitchen bench repair
Repairs and replacements (Helmore Group Invoice	$9,680.30	Repairs and replacements (Helmore Group Invoice
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,940.30
Total payable by Tenant to Landlord	$9,940.30

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Chasity-Joy Wereta-Derbyshire must pay [the landlord] $9,940.30 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $444.00 (3085368-005) to [the landlord] immediately.

Reasons

Only the landlord’s representatives attended the hearing. The landlord said that the tenant contacted them yesterday, 26 June, to say that she would not be attending the hearing. She is living in Hamilton. The landlord told her to keep her mobile telephone on at the time of the hearing. The Tribunal called the tenant’s mobile telephone number at the time of the hearing. The call was connected but it was not answered and eventually went to voicemail.
Plainly, the tenant has received notice of the hearing, and I am also satisfied that the landlord sent her copies of the invoices relating to its claims. The hearing of the application therefore proceeded without her.
The landlord has applied for compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. The Tenant’s Relevant Obligations
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.
The tenant must not carelessly or intentionally damage 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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent).
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent).
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. Betterment
When awarding compensation, the Tribunal must consider betterment where appropriate. 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 betterment, the Tribunal considers the age and condition of the items at the start of the tenancy and their likely useful lifespan. Background
This was a six-year tenancy starting in March 2019.
The premises are a two-bedroom unit which was brand new when the tenancy started.
The landlord leased the premises from the owner, The Helmore Group (Helmore) and subsequently the premises were sold in 2020. Helmore continued to be involved as the property manager.
The landlord’s agreement with Helmore provided that it would carry out any necessary maintenance and repair of the premises. The landlord retained the right to obtain their own estimates for work and to challenge any of Helmore’s estimated costs.
When the tenancy ended, there was substantial damage throughout the premises. Helmore estimated the cost of repairing the damage and the landlord obtained another estimate which was higher, overall, than Helmore’s estimate.
The landlord specifically challenged the estimated cost of replacing carpet, the kitchen bench top and the bathroom vanity. As a result, the vanity was not replaced, the bench top was repaired, and the carpet was cleaned, not replaced.
The landlord’s original application included claims for the cost of rubbish removal, cleaning and carpet cleaning. The claims were well supported by evidence. But a third party paid those costs on behalf of the tenant and so the claims have been withdrawn.
The landlord did not insure the premises, but Helmore did. Their insurance policy has a $700 excess for damage.
The rent when the tenancy ended was $164 per week, income related. The market rent for the premises is $490 per week. It follows that the most that the landlord can recover for each damage event, is $700. Claims Locks
The tenant did not return the keys until some days after the tenancy ended. During that time people, probably members of the tenant’s family, were coming and going from the premises removing the tenant’s belongings. They removed a dishwasher belonging to the landlord from the premises and it has not been returned.
When the keys were returned to the landlord, they were not the same keys that were given to the tenant. They were copies.
In the circumstances it was reasonable for the landlord to change the locks on the premises, and I have awarded the cost of doing so in full. It was proved by the production of an invoice. Kitchen Bench Repairs
The kitchen bench was damaged by something hot being put on it. There was a photograph showing the damage. The tenant has not disproved liability for the damage. The cost of repairing the damage was proved by the production of an invoice. Other Damage/Missing Items
The remaining claims are set out in a detailed invoice from Helmore. They include the following – • Damage to walls and doors from impacts. • Damage to skirting boards and fittings from water. • Damage to window trims. • Damaged and missing curtains and blinds. • Other missing fittings. • Damage to a gate.
The total of the invoice is $11,839.80. Given the extent of the damage and missing items the cost is not, on the face of it, excessive.
The landlord withdrew claims for the cost of replacing a broken power point, a broken kitchen tap mixer, repairing a hot water cylinder panel and a missing wardrobe shelf. The last two items are costed at $122.75. I have estimated the cost of the other two items at $172.50 and $345 respectively.
I have also made a deduction of 50% for betterment in relation to the missing dishwasher amounting to $500.
Given the nature of the damage, I have not made any further deduction for betterment.
The total deduction is $1,140.25 which reduces the award to $10,699.55.
Due to the multitude of damage events and missing items, the only single event that has resulted in a cost exceeding the insurance excess is the claim for $2,524.25 for damage to end panels in the kitchen due to water damage and repairing and replacing cupboard door hinges.
There was no evidence that this damage was the result of intentional damage, and the nature of the damage makes it more likely that it was careless damage.
The cost also includes the kitchen tap mixer so that reduces the cost to $2,179.25. I make a further deduction of $460 for the kitchen hinges leaving $1,719.25.
This claim is limited to the $700 excess and so I have made a further deduction of $1,019.25 from the total.
The result is that I have awarded a total of $9,680.30 ($10,699.55 - $1,019.25) in relation to the Helmore invoice. Filing Fee
Because the landlord has succeeded, I have awarded the filing fee. Suppression
For the same reason, I have granted the landlord’s request for name suppression.

Claims and awards in Tenancy Tribunal application 5220013 — net $9,940.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$240.00	Lock/key replacement
Kitchen bench repair	$437.00	Kitchen bench repair
Repairs and replacements (Helmore Group Invoice	$9,680.30	Repairs and replacements (Helmore Group Invoice
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,940.30
Total payable by Tenant to Landlord	$9,940.30

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Chasity-Joy Wereta-Derbyshire must pay [the landlord] $9,940.30 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $444.00 (3085368-005) to [the landlord] immediately.

Reasons

Only the landlord’s representatives attended the hearing. The landlord said that the tenant contacted them yesterday, 26 June, to say that she would not be attending the hearing. She is living in Hamilton. The landlord told her to keep her mobile telephone on at the time of the hearing. The Tribunal called the tenant’s mobile telephone number at the time of the hearing. The call was connected but it was not answered and eventually went to voicemail.
Plainly, the tenant has received notice of the hearing, and I am also satisfied that the landlord sent her copies of the invoices relating to its claims. The hearing of the application therefore proceeded without her.
The landlord has applied for compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. The Tenant’s Relevant Obligations
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.
The tenant must not carelessly or intentionally damage 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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent).
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent).
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. Betterment
When awarding compensation, the Tribunal must consider betterment where appropriate. 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 betterment, the Tribunal considers the age and condition of the items at the start of the tenancy and their likely useful lifespan. Background
This was a six-year tenancy starting in March 2019.
The premises are a two-bedroom unit which was brand new when the tenancy started.
The landlord leased the premises from the owner, The Helmore Group (Helmore) and subsequently the premises were sold in 2020. Helmore continued to be involved as the property manager.
The landlord’s agreement with Helmore provided that it would carry out any necessary maintenance and repair of the premises. The landlord retained the right to obtain their own estimates for work and to challenge any of Helmore’s estimated costs.
When the tenancy ended, there was substantial damage throughout the premises. Helmore estimated the cost of repairing the damage and the landlord obtained another estimate which was higher, overall, than Helmore’s estimate.
The landlord specifically challenged the estimated cost of replacing carpet, the kitchen bench top and the bathroom vanity. As a result, the vanity was not replaced, the bench top was repaired, and the carpet was cleaned, not replaced.
The landlord’s original application included claims for the cost of rubbish removal, cleaning and carpet cleaning. The claims were well supported by evidence. But a third party paid those costs on behalf of the tenant and so the claims have been withdrawn.
The landlord did not insure the premises, but Helmore did. Their insurance policy has a $700 excess for damage.
The rent when the tenancy ended was $164 per week, income related. The market rent for the premises is $490 per week. It follows that the most that the landlord can recover for each damage event, is $700. Claims Locks
The tenant did not return the keys until some days after the tenancy ended. During that time people, probably members of the tenant’s family, were coming and going from the premises removing the tenant’s belongings. They removed a dishwasher belonging to the landlord from the premises and it has not been returned.
When the keys were returned to the landlord, they were not the same keys that were given to the tenant. They were copies.
In the circumstances it was reasonable for the landlord to change the locks on the premises, and I have awarded the cost of doing so in full. It was proved by the production of an invoice. Kitchen Bench Repairs
The kitchen bench was damaged by something hot being put on it. There was a photograph showing the damage. The tenant has not disproved liability for the damage. The cost of repairing the damage was proved by the production of an invoice. Other Damage/Missing Items
The remaining claims are set out in a detailed invoice from Helmore. They include the following – • Damage to walls and doors from impacts. • Damage to skirting boards and fittings from water. • Damage to window trims. • Damaged and missing curtains and blinds. • Other missing fittings. • Damage to a gate.
The total of the invoice is $11,839.80. Given the extent of the damage and missing items the cost is not, on the face of it, excessive.
The landlord withdrew claims for the cost of replacing a broken power point, a broken kitchen tap mixer, repairing a hot water cylinder panel and a missing wardrobe shelf. The last two items are costed at $122.75. I have estimated the cost of the other two items at $172.50 and $345 respectively.
I have also made a deduction of 50% for betterment in relation to the missing dishwasher amounting to $500.
Given the nature of the damage, I have not made any further deduction for betterment.
The total deduction is $1,140.25 which reduces the award to $10,699.55.
Due to the multitude of damage events and missing items, the only single event that has resulted in a cost exceeding the insurance excess is the claim for $2,524.25 for damage to end panels in the kitchen due to water damage and repairing and replacing cupboard door hinges.
There was no evidence that this damage was the result of intentional damage, and the nature of the damage makes it more likely that it was careless damage.
The cost also includes the kitchen tap mixer so that reduces the cost to $2,179.25. I make a further deduction of $460 for the kitchen hinges leaving $1,719.25.
This claim is limited to the $700 excess and so I have made a further deduction of $1,019.25 from the total.
The result is that I have awarded a total of $9,680.30 ($10,699.55 - $1,019.25) in relation to the Helmore invoice. Filing Fee
Because the landlord has succeeded, I have awarded the filing fee. Suppression
For the same reason, I have granted the landlord’s request for name suppression.

Tenancy Tribunal case 5220013 — Property damage

At a glance

Tenancy Tribunal case 5220013 — 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