What was Tenancy Tribunal case 5360884 about?

The tribunal order states: [The party] and [The party] to pay Kalloy Property Limited As Agents For

How much money was awarded in case 5360884?

Property Damage: $92.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $1,414.29 awarded to landlord; Water Rates: $281.85 awarded to landlord

What type of tenancy dispute was case 5360884?

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

Where can I read the official tribunal order for case 5360884?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12872209-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5360884 about?

The tribunal order states: [The party] and [The party] to pay Kalloy Property Limited As Agents For

How much money was awarded in case 5360884?

Property Damage: $92.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $1,414.29 awarded to landlord; Water Rates: $281.85 awarded to landlord

What type of tenancy dispute was case 5360884?

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

Where can I read the official tribunal order for case 5360884?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12872209-Tenancy_Tribunal_Order.pdf.

31 Laquinta Place, Flat Bush, Auckland 2019 Tenancy Tribunal Case 5360884 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5360884 — net $2,238.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,414.29	Rent arrears
Water rates	$281.85	Water rates
Door Handle repair incl Gst	$92.00	Door Handle repair incl Gst
Repair and paint garage wall	$250.00	Repair and paint garage wall
Laundry cabinet water damage	$200.00	Laundry cabinet water damage
Net award	$2,238.14
Bond	$4,400.00
Total payable by Tenant to Landlord	$2,238.14

[The party] and [The party] to pay Kalloy Property Limited As Agents For Queendale Homes Ltd. $2,238.14 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $4,400.00 (6500491-001) immediately apportioned as follows: Kalloy Property Limited As Agents For Queendale Homes Ltd.: $2,238.14 [The party] and [The party]: $2,161.86

Reasons

Both parties attended the hearing.

The tenants have applied for their bond. The landlord has applied for rent arrears and compensation following the end of the tenancy. Agreement

The tenants do not dispute that there was money owing for rent and water rates at the end of the tenancy and the landlord has correctly calculated those amounts.

The tenants do not dispute that a door handle was damaged, and the cost of repair claimed is reasonable.

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.

Regarding marks on the edges off stairs, the tenants claim that is fair wear and tear for foot traffic and children in the premises for two years.

A landlord must accept that there will usually be some scuff marks as a result of a property being occupied. Most marks that the landlord has claimed for are wear and tear.

There is some shading on the walls that the landlord is claiming for. There is insufficient evidence that the tenants have caused shading on the walls. There is no evidence that the two walls claimed for have been painted by the tenants.

The landlord’s claim incudes cleaning of the exterior wall. Exterior cleaning is usually a landlord’s responsibility unless the tenant has caused the wall to be dirty. There is insufficient evidence that the tenant has caused an exterior wall to be dirty.

The garage wall was damaged and the tenants agreed that they should pay for that damage. The invoice from the contractor does not itemize the cost to repair that damage. There is only a total for all paint damage.

In summary, the only wall that has been proved to be tenant damaged, that is not fair wear and tear, is the garage wall. Based on repainting costs presented frequently in the Tribunal, I have allowed $250.00 of the amount claimed for painting work at the house at the end of the tenancy.

The landlord has claimed for water damage to a laundry cabinet. The tenants do not dispute that the laminate has been damaged by water swelling the inner wood-fiber core. They dispute the charge for the repair work because there is no description in the invoice of what work was carried out.

There is a difficulty when the Tribunal has limited information about remedial work carried out. It is possible that the work necessary involved removing the benchtop and replacing the cabinet. There could have been a patch job that was far less involved. Because the tenants disputed this work before the hearing, I would expect a landlord to provide detailed information from the contractor about the repairs that were carried out. That has not been provided. I have allowed $200.00 for work based on a simple repair. Filing fee

Because both parties have been partly successful with their claims, neither party is ordered to pay the filing fee to the other party.

Claims and awards in Tenancy Tribunal application 5360884 — net $2,238.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,414.29	Rent arrears
Water rates	$281.85	Water rates
Door Handle repair incl Gst	$92.00	Door Handle repair incl Gst
Repair and paint garage wall	$250.00	Repair and paint garage wall
Laundry cabinet water damage	$200.00	Laundry cabinet water damage
Net award	$2,238.14
Bond	$4,400.00
Total payable by Tenant to Landlord	$2,238.14

Order

[The party] and [The party] to pay Kalloy Property Limited As Agents For Queendale Homes Ltd. $2,238.14 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $4,400.00 (6500491-001) immediately apportioned as follows: Kalloy Property Limited As Agents For Queendale Homes Ltd.: $2,238.14 [The party] and [The party]: $2,161.86

Reasons

Both parties attended the hearing.
The tenants have applied for their bond. The landlord has applied for rent arrears and compensation following the end of the tenancy. Agreement
The tenants do not dispute that there was money owing for rent and water rates at the end of the tenancy and the landlord has correctly calculated those amounts.
The tenants do not dispute that a door handle was damaged, and the cost of repair claimed is reasonable.

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.
Regarding marks on the edges off stairs, the tenants claim that is fair wear and tear for foot traffic and children in the premises for two years.
A landlord must accept that there will usually be some scuff marks as a result of a property being occupied. Most marks that the landlord has claimed for are wear and tear.
There is some shading on the walls that the landlord is claiming for. There is insufficient evidence that the tenants have caused shading on the walls. There is no evidence that the two walls claimed for have been painted by the tenants.
The landlord’s claim incudes cleaning of the exterior wall. Exterior cleaning is usually a landlord’s responsibility unless the tenant has caused the wall to be dirty. There is insufficient evidence that the tenant has caused an exterior wall to be dirty.
The garage wall was damaged and the tenants agreed that they should pay for that damage. The invoice from the contractor does not itemize the cost to repair that damage. There is only a total for all paint damage.
In summary, the only wall that has been proved to be tenant damaged, that is not fair wear and tear, is the garage wall. Based on repainting costs presented frequently in the Tribunal, I have allowed $250.00 of the amount claimed for painting work at the house at the end of the tenancy.
The landlord has claimed for water damage to a laundry cabinet. The tenants do not dispute that the laminate has been damaged by water swelling the inner wood-fiber core. They dispute the charge for the repair work because there is no description in the invoice of what work was carried out.
There is a difficulty when the Tribunal has limited information about remedial work carried out. It is possible that the work necessary involved removing the benchtop and replacing the cabinet. There could have been a patch job that was far less involved. Because the tenants disputed this work before the hearing, I would expect a landlord to provide detailed information from the contractor about the repairs that were carried out. That has not been provided. I have allowed $200.00 for work based on a simple repair. Filing fee
Because both parties have been partly successful with their claims, neither party is ordered to pay the filing fee to the other party.

Tenancy Tribunal case 5360884 — Rent arrears at 31 Laquinta Place, Flat Bush, Auckland 2019

At a glance

Tenancy Tribunal case 5360884 — Rent arrears at 31 Laquinta Place, Flat Bush, Auckland 2019

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Key findings

Property management

Frequently asked questions