What was Tenancy Tribunal case 5352410 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 5352410?

Cleaning: $179.00 awarded to landlord; Holes: $200.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord; Water Rates: $76.03 awarded to landlord

What type of tenancy dispute was case 5352410?

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

Where can I read the official tribunal order for case 5352410?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12877383-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5352410 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 5352410?

Cleaning: $179.00 awarded to landlord; Holes: $200.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord; Water Rates: $76.03 awarded to landlord

What type of tenancy dispute was case 5352410?

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

Where can I read the official tribunal order for case 5352410?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12877383-Tribunal_Order_Redacted.pdf.

76 Premier Avenue, Point Chevalier, Auckland 1022 Tenancy Tribunal Case 5352410 — Property damage

Tenantcheck Insights

76 Premier Avenue, Point Chevalier, Auckland 1022 Tenancy Tribunal Case 5352410 — 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 5352410 — net $655.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$76.03	Water rates
Cleaning: oven and rangehood	$179.00	8. The amount claimed for cleaning the oven and the rangehood is reasonable and is proven.
Rubbish removal	$200.00	Rubbish removal
Repairs: holes	$200.00	Repairs: holes
Net award	$655.03
Bond	$1,500.00
Total payable by Tenant to Landlord	$655.03

Claims and awards for application 5352410 — net $655.03 NZD. Verify on MoJ.

Water rates

Amount: $76.03
Awarded to: Landlord
Reason: Water rates

Cleaning: oven and rangehood

Amount: $179.00
Awarded to: Landlord
Reason: 8. The amount claimed for cleaning the oven and the rangehood is reasonable and is proven.

Rubbish removal

Amount: $200.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: holes

Amount: $200.00
Awarded to: Landlord
Reason: Repairs: holes

Net award

Landlord $655.03

Bond

Landlord $1,500.00

Total payable by Tenant to Landlord

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal Water Rates

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the parties’ names and identifying details.
[The tenant/s] to pay [The landlord/s] $655.03 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,500.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $655.03 [The tenant/s]: $844.97

Reasons

Both parties attended the hearing remotely.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord provided a water rates invoice to the end of the tenancy which the tenant accepted as properly payable.
The tenant accepted that: a. There were some items of rubbish remaining at the property as shown in the landlord’s photographic evidence. b. His contractor overlooked cleaning the oven and rangehood. c. There was a large hole in the wall in bedroom 1 where a speaker tripod had fallen into it. there were a number of small holes where a television had been mounted and there was a hole in a kitchen wall caused by a door handle. The tenant had attempted to repair these, but the repair was not to a tradespersonlike standard.
The landlord had proved quotations but not invoices for the works required. No evidence was provided that the works had been completed. It is to be presumed that it was done by the landlord.
On the evidence before it and the tenant’s acceptance, the Tribunal accepts that these were items for which the tenant is liable. However, in the absence of a paid invoice, the landlord has not proven the amount of its loss. This means that the Tribunal must determine what is a fair and reasonable sum to compensate the landlord based on invoices which the Tribunal regularly sees for similar work.
The items of rubbish left behind were not significant by volume or by their nature and an appropriate sum has been awarded.
The amount claimed for cleaning the oven and the rangehood is reasonable and is proven.
The quotation provided for wall repairs includes other work. The amount awarded to the landlord is fair and reasonable based on invoices the Tribunal regularly sees for similar work.
While the landlord has been successful in its claims, the tenant has successfully argued that the amounts claimed were not justified. The total sum awarded is substantially less than the total sum claimed. If the landlord had claimed lesser sums supported by more than just quotations, the tenant may well have consented and a hearing would not have been required. In these circumstances it is not appropriate to reimburse the filing fee.
For similar reasons and because this a tenancy that lasted nearly 12 years without incident, it is appropriate to exercise the discretion in section 95 RTA and order suppression of both the landlord’s and the tenant’s names.

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 5352410 — net $655.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$76.03	Water rates
Cleaning: oven and rangehood	$179.00	8. The amount claimed for cleaning the oven and the rangehood is reasonable and is proven.
Rubbish removal	$200.00	Rubbish removal
Repairs: holes	$200.00	Repairs: holes
Net award	$655.03
Bond	$1,500.00
Total payable by Tenant to Landlord	$655.03

Claims and awards for application 5352410 — net $655.03 NZD. Verify on MoJ.

Water rates

Amount: $76.03
Awarded to: Landlord
Reason: Water rates

Cleaning: oven and rangehood

Amount: $179.00
Awarded to: Landlord
Reason: 8. The amount claimed for cleaning the oven and the rangehood is reasonable and is proven.

Rubbish removal

Amount: $200.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: holes

Amount: $200.00
Awarded to: Landlord
Reason: Repairs: holes

Net award

Landlord $655.03

Bond

Landlord $1,500.00

Total payable by Tenant to Landlord

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal Water Rates

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the parties’ names and identifying details.
[The tenant/s] to pay [The landlord/s] $655.03 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,500.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $655.03 [The tenant/s]: $844.97

Reasons

Both parties attended the hearing remotely.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord provided a water rates invoice to the end of the tenancy which the tenant accepted as properly payable.
The tenant accepted that: a. There were some items of rubbish remaining at the property as shown in the landlord’s photographic evidence. b. His contractor overlooked cleaning the oven and rangehood. c. There was a large hole in the wall in bedroom 1 where a speaker tripod had fallen into it. there were a number of small holes where a television had been mounted and there was a hole in a kitchen wall caused by a door handle. The tenant had attempted to repair these, but the repair was not to a tradespersonlike standard.
The landlord had proved quotations but not invoices for the works required. No evidence was provided that the works had been completed. It is to be presumed that it was done by the landlord.
On the evidence before it and the tenant’s acceptance, the Tribunal accepts that these were items for which the tenant is liable. However, in the absence of a paid invoice, the landlord has not proven the amount of its loss. This means that the Tribunal must determine what is a fair and reasonable sum to compensate the landlord based on invoices which the Tribunal regularly sees for similar work.
The items of rubbish left behind were not significant by volume or by their nature and an appropriate sum has been awarded.
The amount claimed for cleaning the oven and the rangehood is reasonable and is proven.
The quotation provided for wall repairs includes other work. The amount awarded to the landlord is fair and reasonable based on invoices the Tribunal regularly sees for similar work.
While the landlord has been successful in its claims, the tenant has successfully argued that the amounts claimed were not justified. The total sum awarded is substantially less than the total sum claimed. If the landlord had claimed lesser sums supported by more than just quotations, the tenant may well have consented and a hearing would not have been required. In these circumstances it is not appropriate to reimburse the filing fee.
For similar reasons and because this a tenancy that lasted nearly 12 years without incident, it is appropriate to exercise the discretion in section 95 RTA and order suppression of both the landlord’s and the tenant’s names.

Tenancy Tribunal case 5352410 — Property damage at 76 Premier Avenue, Point Chevalier, Auckland 1022

At a glance

Tenancy Tribunal case 5352410 — Property damage at 76 Premier Avenue, Point Chevalier, Auckland 1022

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