What was Tenancy Tribunal case 5421215 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 5421215?

Cleaning: $35.00 awarded to landlord; Property Damage: $18.35 awarded to landlord; Wall Patches: $100.00 awarded to landlord

What type of tenancy dispute was case 5421215?

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

Where can I read the official tribunal order for case 5421215?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13549329-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5421215 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 5421215?

Cleaning: $35.00 awarded to landlord; Property Damage: $18.35 awarded to landlord; Wall Patches: $100.00 awarded to landlord

What type of tenancy dispute was case 5421215?

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

Where can I read the official tribunal order for case 5421215?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13549329-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5421215 — Property damage

Claims and awards in Tenancy Tribunal application 5421215 — net $153.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: wall patches	$100.00	Repairs: wall patches
Lock/key replacement: bedroom door	$18.35	Lock/key replacement: bedroom door
Cleaning: oven	$35.00	Cleaning: oven
Net award	$153.35
Bond	$1,940.00
Total payable by Tenant to Landlord	$153.35

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord and Tenant names and identifying details.
[The tenant/s] to pay [The landlord/s] $153.35 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,940.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $153.35 [The tenant/s]: $1,786.65

Reasons

The landlord attended the hearing. The tenants did not attend.
I continued the hearing in the absence of the tenants because they have been sent email notice of the hearing date and time to their address for service and the application was filed within two years from the end date of the tenancy; section 91A(2)(e) Residential Tenancies Act 1986 (RTA).
The two-year tenancy ended on 20 February 2024 after the tenants gave notice.
The landlord has applied for compensation from the bond and reimbursement of the filing fee following the end of the tenancy. She understands that the tenants no longer live in New Zealand.
The landlord was present at the premises over some of the final days of the tenancy while the tenants were moving out. A property management company was acting on her behalf during the tenancy.

What is the law on tenant obligations and damage claims?

At the end of a tenancy, tenants must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all landlord chattels. See section 40(1)(e)(ii)-(v) RTA.
A landlord must prove that any 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. See sections 40(2)(a), 41 and 49B RTA.
Everything is subject to wear and tear and will need to be replaced in time. For example, carpet and paint get scuffed and worn, there may be small dents or marks on walls or cabinets, and certain building materials wear out more quickly than others. If damage is something that would happen from being used in a normal way, then it is the landlord’s responsibility to repair it as part of maintaining the property.
If an item must be replaced earlier because of tenant damage, and is replaced with a newer or better item, then the compensation needs to be adjusted to reflect that. A landlord should not be in a better position after a claim in the Tribunal, then the landlord would have been if the damage had not occurred. Claims and decisions
The landlord must provide enough evidence to prove the claims. This can include oral evidence, documents, photos, receipts, invoices, and reports.
The landlord supplied a full inspection report with photos from the start of the tenancy but did not provide a full report from the end of the tenancy. A few selected photos were provided. This made it hard for the landlord and for the Tribunal to know the exact location and date of each photo.
The landlord also supplied photos of till receipts. Unfortunately, some of these were hard to read.
I address each claim below.
Replace door stop in small bedroom $14.28: this claim is dismissed as there is no evidence there was a doorstop by this door at the start of the tenancy.
Gardening and green rubbish dumping: this claim is dismissed as there are no photos to show the rubbish or green waste or gardening that the landlord says had to be dumped. 1
Wall patch-ups and painting $180.00: the landlord’s photos showed three patch- painted areas on the back of a door, one patch on a wall, a large nail hole in another wall, and chipped paint on the kitchen windowsill. After the hearing, I took time to review the photos taken at the start of the tenancy. The landlord did not have a receipt for her costs as she says she paid $180.00 cash to a handyman to repatch and paint these areas. Usually, a receipt must be provided but I accept her oral evidence in this case. I award $100.00 because there was already paint chipped from the windowsill in the kitchen at the start of the tenancy. 2 If this got worse, it is probably due to normal wear and tear. I accept that the other damaged areas are more than wear and tear that happened during this tenancy. The tenants did not prove it was not careless damage, so they are liable.
Sliding door lock $83.84 plus labour: the landlord seeks compensation to replace a door handle and lock mechanism on an internal sliding door (between the lounge and sunroom). The photos taken at the start of this tenancy show the lock mechanism was missing at the start of the tenancy and the frame of the door had the same two small dents. The landlord sent a photo after the hearing which shows a handle on one side of the door, but the internal mechanism is still missing, and the dents are there. Also, I do not know the date that the new photo was taken. I am not satisfied that the tenants caused any damage or loss. This claim is dismissed. 1 I did allow the landlord to send these photos to me after the hearing but she did not do so. 2 Photo 119 on the ingoing inspection report.
Lock on second bedroom door broken $18.35: I accept the landlord’s oral evidence she installed new locks on all bedroom doors at the start of this tenancy and that one of these was broken when the tenancy ended. I award the cost of replacement.
Bathroom vanity water damage $292.99 (new vanity) + $367.09 (labour): the landlord says the bathroom vanity was damaged during the tenancy. Photos show there was existing water damage or wear on the floor-edge of the vanity at the start of the tenancy and new wear along the top and bottom edges of the cabinet doors. The landlord accepts that this vanity was about 15 years old at the start of the tenancy. She says there was still some useful life in the vanity. The cabinet looks to be made of MDF board and laminate surface. These do not last forever. My decision is that the wear is probably due to its age and normal use which means it is caused by wear and tear. It was due for replacement. I dismiss this claim.
Damaged lock on front door $320.00: the landlord provided a repair invoice proving that work was done at this address by a locksmith about six weeks after this tenancy ended. The landlord was not sure whether the front door was damaged at the end of this tenancy (she said the key did not work properly) or whether this happened a few weeks later after the new tenants had moved in. I am not satisfied that any damage occurred during this tenancy, so dismiss this claim.
Kitchen cupboard door hinge repair $50.00: the landlord provided a photo she said was taken at the end of this tenancy showing one kitchen cabinet door hinge had pulled out. I am not satisfied this is anything more than wear and tear from normal use. The hinge is small, and the cabinet door is of modest quality. I dismiss this claim.
Oven cleaning $35.00: I accept the oral evidence from the landlord that the oven needed cleaning and award the receipted cost of products. Usually, a photo must be supplied.
The landlord has not been substantially successful with her claims, so I do not award the filing fee.
The total awarded to the landlord is $153.35 which will be paid to her from the bond.
The rest of the bond is to be refunded to the tenants. The Bond Centre will contact them by email. If they want to make sure they get their money, they could email the Bond Centre on bonds@tenancy.govt.nz and give their names, the tenancy address, their bank account number and contact details.
Both parties’ names are suppressed from the published order. The tenants are entitled to suppression of their names as the landlord’s claims have not been substantially successful and I have no concerns about their conduct. See section 95A RTA.
The landlord has not been substantially successful so normally her name would be published. I have decided not to do so because the claims are relatively minor, and she is inexperienced. I encourage her to use the free information available on the Tenancy Services website and 0800 number if she plans to continue to manage the tenancy herself. www.tenancy.govt.nz

Claims and awards in Tenancy Tribunal application 5421215 — net $153.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: wall patches	$100.00	Repairs: wall patches
Lock/key replacement: bedroom door	$18.35	Lock/key replacement: bedroom door
Cleaning: oven	$35.00	Cleaning: oven
Net award	$153.35
Bond	$1,940.00
Total payable by Tenant to Landlord	$153.35

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord and Tenant names and identifying details.
[The tenant/s] to pay [The landlord/s] $153.35 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,940.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $153.35 [The tenant/s]: $1,786.65

Reasons

The landlord attended the hearing. The tenants did not attend.
I continued the hearing in the absence of the tenants because they have been sent email notice of the hearing date and time to their address for service and the application was filed within two years from the end date of the tenancy; section 91A(2)(e) Residential Tenancies Act 1986 (RTA).
The two-year tenancy ended on 20 February 2024 after the tenants gave notice.
The landlord has applied for compensation from the bond and reimbursement of the filing fee following the end of the tenancy. She understands that the tenants no longer live in New Zealand.
The landlord was present at the premises over some of the final days of the tenancy while the tenants were moving out. A property management company was acting on her behalf during the tenancy.

What is the law on tenant obligations and damage claims?

At the end of a tenancy, tenants must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all landlord chattels. See section 40(1)(e)(ii)-(v) RTA.
A landlord must prove that any 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. See sections 40(2)(a), 41 and 49B RTA.
Everything is subject to wear and tear and will need to be replaced in time. For example, carpet and paint get scuffed and worn, there may be small dents or marks on walls or cabinets, and certain building materials wear out more quickly than others. If damage is something that would happen from being used in a normal way, then it is the landlord’s responsibility to repair it as part of maintaining the property.
If an item must be replaced earlier because of tenant damage, and is replaced with a newer or better item, then the compensation needs to be adjusted to reflect that. A landlord should not be in a better position after a claim in the Tribunal, then the landlord would have been if the damage had not occurred. Claims and decisions
The landlord must provide enough evidence to prove the claims. This can include oral evidence, documents, photos, receipts, invoices, and reports.
The landlord supplied a full inspection report with photos from the start of the tenancy but did not provide a full report from the end of the tenancy. A few selected photos were provided. This made it hard for the landlord and for the Tribunal to know the exact location and date of each photo.
The landlord also supplied photos of till receipts. Unfortunately, some of these were hard to read.
I address each claim below.
Replace door stop in small bedroom $14.28: this claim is dismissed as there is no evidence there was a doorstop by this door at the start of the tenancy.
Gardening and green rubbish dumping: this claim is dismissed as there are no photos to show the rubbish or green waste or gardening that the landlord says had to be dumped. 1
Wall patch-ups and painting $180.00: the landlord’s photos showed three patch- painted areas on the back of a door, one patch on a wall, a large nail hole in another wall, and chipped paint on the kitchen windowsill. After the hearing, I took time to review the photos taken at the start of the tenancy. The landlord did not have a receipt for her costs as she says she paid $180.00 cash to a handyman to repatch and paint these areas. Usually, a receipt must be provided but I accept her oral evidence in this case. I award $100.00 because there was already paint chipped from the windowsill in the kitchen at the start of the tenancy. 2 If this got worse, it is probably due to normal wear and tear. I accept that the other damaged areas are more than wear and tear that happened during this tenancy. The tenants did not prove it was not careless damage, so they are liable.
Sliding door lock $83.84 plus labour: the landlord seeks compensation to replace a door handle and lock mechanism on an internal sliding door (between the lounge and sunroom). The photos taken at the start of this tenancy show the lock mechanism was missing at the start of the tenancy and the frame of the door had the same two small dents. The landlord sent a photo after the hearing which shows a handle on one side of the door, but the internal mechanism is still missing, and the dents are there. Also, I do not know the date that the new photo was taken. I am not satisfied that the tenants caused any damage or loss. This claim is dismissed. 1 I did allow the landlord to send these photos to me after the hearing but she did not do so. 2 Photo 119 on the ingoing inspection report.
Lock on second bedroom door broken $18.35: I accept the landlord’s oral evidence she installed new locks on all bedroom doors at the start of this tenancy and that one of these was broken when the tenancy ended. I award the cost of replacement.
Bathroom vanity water damage $292.99 (new vanity) + $367.09 (labour): the landlord says the bathroom vanity was damaged during the tenancy. Photos show there was existing water damage or wear on the floor-edge of the vanity at the start of the tenancy and new wear along the top and bottom edges of the cabinet doors. The landlord accepts that this vanity was about 15 years old at the start of the tenancy. She says there was still some useful life in the vanity. The cabinet looks to be made of MDF board and laminate surface. These do not last forever. My decision is that the wear is probably due to its age and normal use which means it is caused by wear and tear. It was due for replacement. I dismiss this claim.
Damaged lock on front door $320.00: the landlord provided a repair invoice proving that work was done at this address by a locksmith about six weeks after this tenancy ended. The landlord was not sure whether the front door was damaged at the end of this tenancy (she said the key did not work properly) or whether this happened a few weeks later after the new tenants had moved in. I am not satisfied that any damage occurred during this tenancy, so dismiss this claim.
Kitchen cupboard door hinge repair $50.00: the landlord provided a photo she said was taken at the end of this tenancy showing one kitchen cabinet door hinge had pulled out. I am not satisfied this is anything more than wear and tear from normal use. The hinge is small, and the cabinet door is of modest quality. I dismiss this claim.
Oven cleaning $35.00: I accept the oral evidence from the landlord that the oven needed cleaning and award the receipted cost of products. Usually, a photo must be supplied.
The landlord has not been substantially successful with her claims, so I do not award the filing fee.
The total awarded to the landlord is $153.35 which will be paid to her from the bond.
The rest of the bond is to be refunded to the tenants. The Bond Centre will contact them by email. If they want to make sure they get their money, they could email the Bond Centre on bonds@tenancy.govt.nz and give their names, the tenancy address, their bank account number and contact details.
Both parties’ names are suppressed from the published order. The tenants are entitled to suppression of their names as the landlord’s claims have not been substantially successful and I have no concerns about their conduct. See section 95A RTA.
The landlord has not been substantially successful so normally her name would be published. I have decided not to do so because the claims are relatively minor, and she is inexperienced. I encourage her to use the free information available on the Tenancy Services website and 0800 number if she plans to continue to manage the tenancy herself. www.tenancy.govt.nz

Tenancy Tribunal case 5421215 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5421215 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

What is the law on tenant obligations and damage claims?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

What is the law on tenant obligations and damage claims?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions