What was Tenancy Tribunal case 5293539 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 5293539?

Balance Of Moving Out Invoice (Less…: $364.47 awarded to landlord; Filing Fee: $27.00 awarded to landlord; washing machine during the tenancy (…: $135.00 awarded to landlord

What type of tenancy dispute was case 5293539?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5293539?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12554410-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5293539 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 5293539?

Balance Of Moving Out Invoice (Less…: $364.47 awarded to landlord; Filing Fee: $27.00 awarded to landlord; washing machine during the tenancy (…: $135.00 awarded to landlord

What type of tenancy dispute was case 5293539?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5293539?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12554410-Tribunal_Order_Redacted.pdf.

12 Burrows Avenue, Karori, Wellington 6012 Tenancy Tribunal Case 5293539 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5293539 — net $526.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: washing machine during the tenancy (tenants' issue	$135.00	Repairs: washing machine during the tenancy (tenants' issue
Balance of moving out invoice (less painting and gardening	$364.47	Balance of moving out invoice (less painting and gardening
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$526.47
Total payable by Tenant to Landlord	$526.47

The landlord attended the hearing. The tenants were notified about the hearing by email. They did not answer the calls to their phones.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The bond was refunded by consent and used to reduce the costs of cleaning up at the end of the tenancy. The landlord has filed an application for the balance owing after the refund of the bond, which is $996.97.

There is a claim for the cost of repairing the washing machine during the tenancy. The landlord’s submission and the invoice provided at the time support the claim the tenants should have checked the pump before reporting a problem. I find the tenants should pay the cost of the repair.

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

Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).

The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.

The landlord provided me with photos taken at the end of the tenancy. I was provided with an invoice for cleaning. I was provided with an invoice for sorting all the belongings and furniture left at the premises and for taking the items to the dump and to charity shops. I have also seen the emails from the tenants saying they had to urgently go overseas and would not be able to leave the house in a reasonably clean and tidy condition. The landlord had authorisation to sort and remove the items left behind.

I find the amount claimed for cleaning, for sorting and transporting items to the dump, the dump fees, and for transporting goods to charity shops to be reasonable. The amounts ordered are proved.

I find the landlord’s photos do not support the claim for the weeding and lawnmowing. The landlord said this took about three hours at $50 an hour plus GST, and I have deducted this from the claim.

Are the tenants responsible for the damage to the premises?

There is a claim for repairing a wall in the lounge and a wall in the kitchen after hooks and stickers were removed. 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 provided me with photos. It seems most likely to me the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. However, I have not made an order for the repairs because I have to take betterment and depreciation into account. The landlord should be returned to the position they would have been in had the tenants not breached their obligations, and should not be better or worse off. In calculating depreciation I have taken into account the fact the tenancy lasted nine years and the walls look like they were in need of maintenance at the end of the tenancy. The claim for repairs is dismissed. The amount claimed was $400 plus GST and I have deducted this from the claim. Other orders

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenants’ names are published because there is public interest when tenants have to pay money at the end of a tenancy. See section 95A RTA.

Claims and awards in Tenancy Tribunal application 5293539 — net $526.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: washing machine during the tenancy (tenants' issue	$135.00	Repairs: washing machine during the tenancy (tenants' issue
Balance of moving out invoice (less painting and gardening	$364.47	Balance of moving out invoice (less painting and gardening
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$526.47
Total payable by Tenant to Landlord	$526.47

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Annabel Wilkins and Ross Wilkins must pay [The landlord/s] $526.47 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenants were notified about the hearing by email. They did not answer the calls to their phones.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The bond was refunded by consent and used to reduce the costs of cleaning up at the end of the tenancy. The landlord has filed an application for the balance owing after the refund of the bond, which is $996.97.
There is a claim for the cost of repairing the washing machine during the tenancy. The landlord’s submission and the invoice provided at the time support the claim the tenants should have checked the pump before reporting a problem. I find the tenants should pay the cost of the repair.

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

Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
The landlord provided me with photos taken at the end of the tenancy. I was provided with an invoice for cleaning. I was provided with an invoice for sorting all the belongings and furniture left at the premises and for taking the items to the dump and to charity shops. I have also seen the emails from the tenants saying they had to urgently go overseas and would not be able to leave the house in a reasonably clean and tidy condition. The landlord had authorisation to sort and remove the items left behind.
I find the amount claimed for cleaning, for sorting and transporting items to the dump, the dump fees, and for transporting goods to charity shops to be reasonable. The amounts ordered are proved.
I find the landlord’s photos do not support the claim for the weeding and lawnmowing. The landlord said this took about three hours at $50 an hour plus GST, and I have deducted this from the claim.

Are the tenants responsible for the damage to the premises?

There is a claim for repairing a wall in the lounge and a wall in the kitchen after hooks and stickers were removed. 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 provided me with photos. It seems most likely to me the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. However, I have not made an order for the repairs because I have to take betterment and depreciation into account. The landlord should be returned to the position they would have been in had the tenants not breached their obligations, and should not be better or worse off. In calculating depreciation I have taken into account the fact the tenancy lasted nine years and the walls look like they were in need of maintenance at the end of the tenancy. The claim for repairs is dismissed. The amount claimed was $400 plus GST and I have deducted this from the claim. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenants’ names are published because there is public interest when tenants have to pay money at the end of a tenancy. See section 95A RTA.

Tenancy Tribunal case 5293539 — Property damage at 12 Burrows Avenue, Karori, Wellington 6012

At a glance

Tenancy Tribunal case 5293539 — Property damage at 12 Burrows Avenue, Karori, Wellington 6012

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

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

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

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

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions