How much money was awarded in case 5252354?

Cleaning: $575.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $690.00 awarded to landlord; Property Damage: $115.00 awarded to landlord; Rent Arrears: $3,440.00 awarded to landlord; bedroom, toilet, bathroom, lounge wa…: $3,450.00 awarded to landlord; Rubbish Removal: $1,782.50 awarded to landlord; Water Rates: $687.19 awarded to landlord

What type of tenancy dispute was case 5252354?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 5252354?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12557261-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5252354?

Cleaning: $575.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $690.00 awarded to landlord; Property Damage: $115.00 awarded to landlord; Rent Arrears: $3,440.00 awarded to landlord; bedroom, toilet, bathroom, lounge wa…: $3,450.00 awarded to landlord; Rubbish Removal: $1,782.50 awarded to landlord; Water Rates: $687.19 awarded to landlord

What type of tenancy dispute was case 5252354?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 5252354?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12557261-Tribunal_Order_Redacted.pdf.

3 Mowbray Place, Sunnynook, Auckland 0620 Tenancy Tribunal Case 5252354 — Property damage

Q: What was Tenancy Tribunal case 5252354 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 5252354 — net $7,326.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 September 2024	$3,440.00	Rent arrears to 29 September 2024
Water rates	$687.19	Water rates
Repairs: bedroom, toilet, bathroom, lounge walls – depreciated 1/3rd	$3,450.00	Repairs: bedroom, toilet, bathroom, lounge walls – depreciated 1/3rd
Repair 3 broken windows	$690.00	Repair 3 broken windows
Lock/key replacement	$115.00	Lock/key replacement
Rubbish removal	$1,782.50	Rubbish removal
Cleaning	$575.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,326.69
Total payable by Tenant to Landlord	$7,326.69

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

Chenei Te Werawera Hetet must pay [The landlord/s] $7,326.69 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $3,440.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.

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

How much is owed for rent and water rates?

The tenancy ended on 29 September 2024. The tenant did not give written notice to end the tenancy. She advised the landlord verbally around 2 September 2024. The tenant is liable for 4 weeks’ rent in lieu of notice due to the date when the tenancy ended.

The landlord provided rent records which prove the amount of rent owing at the end of the tenancy.

The tenant thought she paid $40.00 per week towards water rates in addition to her rent. However, she only paid $20.00 per week. Water rates are based on consumption. The landlord advised the tenant of her outstanding water rates on 15 April 2024. The landlord provided water rates invoices which prove the amount claimed (which excludes the fixed rate charges).

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

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 1 .

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. A considerable amount of rubbish had to be removed.

The tenant did not return the keys.

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 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA) damage. Tenants are liable for the actions of people at the premises with their permission 2 .

The following damage was caused during the tenancy: •Walls throughout the premises were damaged by markings and areas of wallpaper were ripped. Paint and wallpapering repairs had to be done. •3 windows were broken and had to be replaced in the bathroom, a bedroom, and in the kitchen.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved by inspection reports from the beginning and the end of the tenancy, photos, invoices, and by the evidence the landlord’s representative gave at the hearing.

I have considered betterment and depreciation. I have allowed two-thirds of the cost of painting and redecorating to take account of the fact that the premises were last redecorated probably more than 7 years ago. Some deterioration and fair wear and tear must be factored into a claim such as this. 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.

As the application is successful, I have awarded the filing fee to the landlord. Name suppression

Both parties sought name suppression. The landlord is entitled to name suppression as the application is successful. The tenant is not entitled to name suppression as her defence to the application is unsuccessful 3 .

The tenant raised issues against the landlord. To have those matters considered she needs to lodge an application and pay the filing fee. The tenant can receive free advice from Tenancy Services on their 0800 number.

Claims and awards in Tenancy Tribunal application 5252354 — net $7,326.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 September 2024	$3,440.00	Rent arrears to 29 September 2024
Water rates	$687.19	Water rates
Repairs: bedroom, toilet, bathroom, lounge walls – depreciated 1/3rd	$3,450.00	Repairs: bedroom, toilet, bathroom, lounge walls – depreciated 1/3rd
Repair 3 broken windows	$690.00	Repair 3 broken windows
Lock/key replacement	$115.00	Lock/key replacement
Rubbish removal	$1,782.50	Rubbish removal
Cleaning	$575.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,326.69
Total payable by Tenant to Landlord	$7,326.69

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Chenei Te Werawera Hetet must pay [The landlord/s] $7,326.69 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $3,440.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 29 September 2024. The tenant did not give written notice to end the tenancy. She advised the landlord verbally around 2 September 2024. The tenant is liable for 4 weeks’ rent in lieu of notice due to the date when the tenancy ended.
The landlord provided rent records which prove the amount of rent owing at the end of the tenancy.
The tenant thought she paid $40.00 per week towards water rates in addition to her rent. However, she only paid $20.00 per week. Water rates are based on consumption. The landlord advised the tenant of her outstanding water rates on 15 April 2024. The landlord provided water rates invoices which prove the amount claimed (which excludes the fixed rate charges).

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

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 1 .
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. A considerable amount of rubbish had to be removed.
The tenant did not return the keys.

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 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA) damage. Tenants are liable for the actions of people at the premises with their permission 2 .
The following damage was caused during the tenancy: •Walls throughout the premises were damaged by markings and areas of wallpaper were ripped. Paint and wallpapering repairs had to be done. •3 windows were broken and had to be replaced in the bathroom, a bedroom, and in the kitchen.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by inspection reports from the beginning and the end of the tenancy, photos, invoices, and by the evidence the landlord’s representative gave at the hearing.
I have considered betterment and depreciation. I have allowed two-thirds of the cost of painting and redecorating to take account of the fact that the premises were last redecorated probably more than 7 years ago. Some deterioration and fair wear and tear must be factored into a claim such as this. 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.
As the application is successful, I have awarded the filing fee to the landlord. Name suppression
Both parties sought name suppression. The landlord is entitled to name suppression as the application is successful. The tenant is not entitled to name suppression as her defence to the application is unsuccessful 3 .
The tenant raised issues against the landlord. To have those matters considered she needs to lodge an application and pay the filing fee. The tenant can receive free advice from Tenancy Services on their 0800 number.

Tenancy Tribunal case 5252354 — Property damage at 3 Mowbray Place, Sunnynook, Auckland 0620

At a glance

Tenancy Tribunal case 5252354 — Property damage at 3 Mowbray Place, Sunnynook, Auckland 0620

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

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 rent and water rates?

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions