What was Tenancy Tribunal case 5320419 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 5320419?

Cleaning: $345.00 awarded to landlord; Cleaning: $320.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $320.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord

What type of tenancy dispute was case 5320419?

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

Where can I read the official tribunal order for case 5320419?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12589276-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5320419 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 5320419?

Cleaning: $345.00 awarded to landlord; Cleaning: $320.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $320.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord

What type of tenancy dispute was case 5320419?

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

Where can I read the official tribunal order for case 5320419?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12589276-Tribunal_Order_Redacted.pdf.

167A Rathgar Road, Henderson, Auckland 0610 Tenancy Tribunal Case 5320419 — Property damage

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167A Rathgar Road, Henderson, Auckland 0610 Tenancy Tribunal Case 5320419 — 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 5320419 — net $483.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$250.00	Rubbish removal
Cleaning	$320.00	Cleaning
Carpet Cleaning	$345.00	Carpet Cleaning
Repairs: to walls and painting over repairs	$1,200.00	Repairs: to walls and painting over repairs
Lock/key replacement	$320.00	Lock/key replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$483.00
Total payable by Tenant to Landlord	$483.00

Claims and awards for application 5320419 — net $483.00 NZD. Verify on MoJ.

Rubbish removal

Amount: $250.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $320.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $345.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: to walls and painting over repairs

Amount: $1,200.00
Awarded to: Landlord
Reason: Repairs: to walls and painting over repairs

Lock/key replacement

Amount: $320.00
Awarded to: Landlord
Reason: Lock/key replacement

Dismissed claims

Property Damage — The landlord has not proved this claim. I have not seen any photos of the damage.
The Costs Of Reconnecting The Power — because the cost of connecting the power between tenancies is a landlord responsibility. Tenants are then responsible for any power usage which can be exclusiv…

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee 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.
Anastarcia Tamiano must pay [The landlord/s] $483.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,980.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not join the video hearing and she did not answer the call made to her phone.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with her 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
The tenant did not return the keys. The amount ordered is proved.
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. 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.
This is the landlord’s claim to prove. I was provided with good photos taken at the end of the tenancy. The claims for cleaning, carpet cleaning and rubbish removal are all proved and allowed.
The claim for the costs of reconnecting the power is dismissed because the cost of connecting the power between tenancies is a landlord responsibility. Tenants are then responsible for any power usage which can be exclusively attributed to their use during the tenancy. See section 39 RTA.

Is the tenant responsible for the damage to the premises?

There are claims for damage to a fence and to walls in two of the bedrooms and the lounge. Landlords 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 claim for the repair to the fence is dismissed. The landlord has not proved this claim. I have not seen any photos of the damage. The invoice for the repair is not itemised. This means I cannot decide of the damage was more than fair wear and tear. Also, I am not persuaded that backing a car into a fence when there is a tight turn around would be classed as careless or intentional damage.
I am persuaded there was damage to the walls in three of the rooms. The landlord provided photos which prove the damage was caused during the tenancy. It seems most likely to me the damage was more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered for plastering is proved and seems reasonable to me.
I have reduced the amount claimed for painting over the repairs. I am required to take betterment and depreciation into account. The landlord should be returned to the position they would have been in had the tenant not breached her obligations, and should not be better or worse off. In calculating depreciation I have taken into account that the walls were in a good condition when the tenant moved in and that there were almost three years of usual wear and tear during the tenancy. I have reduced the painting claim to $800. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
A request has been sent to the Bond Centre.
The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenant’s name is published because there is public interest when tenants owe money at the end of a tenancy.

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 5320419 — net $483.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$250.00	Rubbish removal
Cleaning	$320.00	Cleaning
Carpet Cleaning	$345.00	Carpet Cleaning
Repairs: to walls and painting over repairs	$1,200.00	Repairs: to walls and painting over repairs
Lock/key replacement	$320.00	Lock/key replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$483.00
Total payable by Tenant to Landlord	$483.00

Claims and awards for application 5320419 — net $483.00 NZD. Verify on MoJ.

Rubbish removal

Amount: $250.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $320.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $345.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: to walls and painting over repairs

Amount: $1,200.00
Awarded to: Landlord
Reason: Repairs: to walls and painting over repairs

Lock/key replacement

Amount: $320.00
Awarded to: Landlord
Reason: Lock/key replacement

Dismissed claims

Property Damage — The landlord has not proved this claim. I have not seen any photos of the damage.
The Costs Of Reconnecting The Power — because the cost of connecting the power between tenancies is a landlord responsibility. Tenants are then responsible for any power usage which can be exclusiv…

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee 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.
Anastarcia Tamiano must pay [The landlord/s] $483.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,980.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not join the video hearing and she did not answer the call made to her phone.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with her 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
The tenant did not return the keys. The amount ordered is proved.
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. 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.
This is the landlord’s claim to prove. I was provided with good photos taken at the end of the tenancy. The claims for cleaning, carpet cleaning and rubbish removal are all proved and allowed.
The claim for the costs of reconnecting the power is dismissed because the cost of connecting the power between tenancies is a landlord responsibility. Tenants are then responsible for any power usage which can be exclusively attributed to their use during the tenancy. See section 39 RTA.

Is the tenant responsible for the damage to the premises?

There are claims for damage to a fence and to walls in two of the bedrooms and the lounge. Landlords 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 claim for the repair to the fence is dismissed. The landlord has not proved this claim. I have not seen any photos of the damage. The invoice for the repair is not itemised. This means I cannot decide of the damage was more than fair wear and tear. Also, I am not persuaded that backing a car into a fence when there is a tight turn around would be classed as careless or intentional damage.
I am persuaded there was damage to the walls in three of the rooms. The landlord provided photos which prove the damage was caused during the tenancy. It seems most likely to me the damage was more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered for plastering is proved and seems reasonable to me.
I have reduced the amount claimed for painting over the repairs. I am required to take betterment and depreciation into account. The landlord should be returned to the position they would have been in had the tenant not breached her obligations, and should not be better or worse off. In calculating depreciation I have taken into account that the walls were in a good condition when the tenant moved in and that there were almost three years of usual wear and tear during the tenancy. I have reduced the painting claim to $800. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
A request has been sent to the Bond Centre.
The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenant’s name is published because there is public interest when tenants owe money at the end of a tenancy.

Tenancy Tribunal case 5320419 — Property damage at 167A Rathgar Road, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 5320419 — Property damage at 167A Rathgar Road, Henderson, Auckland 0610

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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