What was Tenancy Tribunal case 5254179 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 5254179?

Cleaning: $122.57 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Property Damage: $2,869.25 awarded to landlord; Property Damage: $158.13 awarded to landlord; Property Damage: $1,380.00 awarded to landlord; Replace Side Of Bathroom Vanity: $207.00 awarded to landlord; Rubbish Removal: $865.00 awarded to landlord

What type of tenancy dispute was case 5254179?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5254179?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12197451-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5254179 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 5254179?

Cleaning: $122.57 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Property Damage: $2,869.25 awarded to landlord; Property Damage: $158.13 awarded to landlord; Property Damage: $1,380.00 awarded to landlord; Replace Side Of Bathroom Vanity: $207.00 awarded to landlord; Rubbish Removal: $865.00 awarded to landlord

What type of tenancy dispute was case 5254179?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5254179?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12197451-Tribunal_Order_Redacted.pdf.

90 Bickerton Street, Wainoni, Christchurch 8061 Tenancy Tribunal Case 5254179 — Property damage

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90 Bickerton Street, Wainoni, Christchurch 8061 Tenancy Tribunal Case 5254179 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5254179 — net $4,028.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs to kitchen joinery including drawer surrounds and benchtop	$2,869.25	Repairs to kitchen joinery including drawer surrounds and benchtop
Replace side of bathroom vanity	$207.00	Replace side of bathroom vanity
Detach, reinstall and silicone vanity and repair wardrobe frame	$158.13	Detach, reinstall and silicone vanity and repair wardrobe frame
Cleaning, rubbish removal and reseed lawn	$865.00	Cleaning, rubbish removal and reseed lawn
Lawns and garden work	$200.00	Lawns and garden work
Cleaning products (50% of cost	$122.57	Cleaning products (50% of cost
Repairs to walls; plastering and painting	$1,380.00	Repairs to walls; plastering and painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,028.95
Total payable by Tenant to Landlord	$4,028.95

Claims and awards for application 5254179 — net $4,028.95 NZD. Verify on MoJ.

Repairs to kitchen joinery including drawer surrounds and benchtop

Amount: $2,869.25
Awarded to: Landlord
Reason: Repairs to kitchen joinery including drawer surrounds and benchtop

Replace side of bathroom vanity

Amount: $207.00
Awarded to: Landlord
Reason: Replace side of bathroom vanity

Detach, reinstall and silicone vanity and repair wardrobe frame

Amount: $158.13
Awarded to: Landlord
Reason: Detach, reinstall and silicone vanity and repair wardrobe frame

Cleaning, rubbish removal and reseed lawn

Amount: $865.00
Awarded to: Landlord
Reason: Cleaning, rubbish removal and reseed lawn

Lawns and garden work

Amount: $200.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Hokianga Paaka must pay [The landlord/s] $4,028.95 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The tenant’s application is dismissed.

Reasons

Both parties attended the hearing I held today.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant has applied for a refund of her bond.
The tenancy started on 28 February 2020 and ended on 16 August 2023.
The tenant queried why the claim was made so long after the tenancy ended. The landlord explained that she had been pre-occupied with High Court proceedings.
The landlord is not prevented from making the claim. She had 6 years from the time the action arose to make the application.

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

At the end of a 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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord claimed for the cost of cleaning products and equipment. I have allowed one half of the amount claimed for cleaning products since it is likely that not all the products were used. I have not allowed the claim for the purchase of equipment like a bucket and pail and towel. The landlord would have been able to retain those chattels.
Parts of the lawn had to be reseeded which required preparation due to vehicle damage.

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.
Parts of the kitchen drawers and the benchtop were damaged by what appear to be knife cuts. The side of the bathroom vanity was water damaged due to careless use. There was damage to walls throughout the premises that had to be plastered and painted.
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 invoices and photos and by the evidence the landlord gave.
The tenant disputed all the claims, and she did not accept that the landlord’s photos were accurate. She did not provide any evidence in support of her defence to the application. She said either the damage did not happen during the tenancy, or it was fair wear and tear.
The landlord gave evidence that the premises were renovated in 2018 with a new kitchen and bathroom and full redecoration. There had been one tenancy before this tenancy that lasted 6 months.
The landlord produced photos taken in August 2019 about 6 months before the tenancy started. The photos show the premises to be in good condition.
The landlord said she had claimed just for the work required to remedy the tenant’s breaches, not the work to get the premises ready for sale. I am satisfied that the landlord has limited her claims and has not claimed additional costs beyond the work needed to remedy the tenant’s breaches.
The landlord said that the tenant had previously accepted liability for the damage to the kitchen joinery and to the bathroom vanity, though the tenant denied that. Result
The landlord’s claims are proved, with the exceptions noted. The bond will be paid to the landlord. After the deduction of the bond, the tenant must pay the landlord $4,028.95 which includes the filing fee on the successful application.
The tenant’s application is dismissed. Name suppression
Both parties sought name suppression. The landlord is entitled to an order for name suppression as the application is successful. The tenant is not entitled to name suppression as her application, and her defence to the landlord’s application, have not been successful – see section 95A RTA.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5254179 — net $4,028.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs to kitchen joinery including drawer surrounds and benchtop	$2,869.25	Repairs to kitchen joinery including drawer surrounds and benchtop
Replace side of bathroom vanity	$207.00	Replace side of bathroom vanity
Detach, reinstall and silicone vanity and repair wardrobe frame	$158.13	Detach, reinstall and silicone vanity and repair wardrobe frame
Cleaning, rubbish removal and reseed lawn	$865.00	Cleaning, rubbish removal and reseed lawn
Lawns and garden work	$200.00	Lawns and garden work
Cleaning products (50% of cost	$122.57	Cleaning products (50% of cost
Repairs to walls; plastering and painting	$1,380.00	Repairs to walls; plastering and painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,028.95
Total payable by Tenant to Landlord	$4,028.95

Claims and awards for application 5254179 — net $4,028.95 NZD. Verify on MoJ.

Repairs to kitchen joinery including drawer surrounds and benchtop

Amount: $2,869.25
Awarded to: Landlord
Reason: Repairs to kitchen joinery including drawer surrounds and benchtop

Replace side of bathroom vanity

Amount: $207.00
Awarded to: Landlord
Reason: Replace side of bathroom vanity

Detach, reinstall and silicone vanity and repair wardrobe frame

Amount: $158.13
Awarded to: Landlord
Reason: Detach, reinstall and silicone vanity and repair wardrobe frame

Cleaning, rubbish removal and reseed lawn

Amount: $865.00
Awarded to: Landlord
Reason: Cleaning, rubbish removal and reseed lawn

Lawns and garden work

Amount: $200.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Hokianga Paaka must pay [The landlord/s] $4,028.95 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The tenant’s application is dismissed.

Reasons

Both parties attended the hearing I held today.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant has applied for a refund of her bond.
The tenancy started on 28 February 2020 and ended on 16 August 2023.
The tenant queried why the claim was made so long after the tenancy ended. The landlord explained that she had been pre-occupied with High Court proceedings.
The landlord is not prevented from making the claim. She had 6 years from the time the action arose to make the application.

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

At the end of a 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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord claimed for the cost of cleaning products and equipment. I have allowed one half of the amount claimed for cleaning products since it is likely that not all the products were used. I have not allowed the claim for the purchase of equipment like a bucket and pail and towel. The landlord would have been able to retain those chattels.
Parts of the lawn had to be reseeded which required preparation due to vehicle damage.

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.
Parts of the kitchen drawers and the benchtop were damaged by what appear to be knife cuts. The side of the bathroom vanity was water damaged due to careless use. There was damage to walls throughout the premises that had to be plastered and painted.
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 invoices and photos and by the evidence the landlord gave.
The tenant disputed all the claims, and she did not accept that the landlord’s photos were accurate. She did not provide any evidence in support of her defence to the application. She said either the damage did not happen during the tenancy, or it was fair wear and tear.
The landlord gave evidence that the premises were renovated in 2018 with a new kitchen and bathroom and full redecoration. There had been one tenancy before this tenancy that lasted 6 months.
The landlord produced photos taken in August 2019 about 6 months before the tenancy started. The photos show the premises to be in good condition.
The landlord said she had claimed just for the work required to remedy the tenant’s breaches, not the work to get the premises ready for sale. I am satisfied that the landlord has limited her claims and has not claimed additional costs beyond the work needed to remedy the tenant’s breaches.
The landlord said that the tenant had previously accepted liability for the damage to the kitchen joinery and to the bathroom vanity, though the tenant denied that. Result
The landlord’s claims are proved, with the exceptions noted. The bond will be paid to the landlord. After the deduction of the bond, the tenant must pay the landlord $4,028.95 which includes the filing fee on the successful application.
The tenant’s application is dismissed. Name suppression
Both parties sought name suppression. The landlord is entitled to an order for name suppression as the application is successful. The tenant is not entitled to name suppression as her application, and her defence to the landlord’s application, have not been successful – see section 95A RTA.

Tenancy Tribunal case 5254179 — Property damage at 90 Bickerton Street, Wainoni, Christchurch 8061

At a glance

Tenancy Tribunal case 5254179 — Property damage at 90 Bickerton Street, Wainoni, Christchurch 8061

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with her 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

Did the tenant comply with her 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