What was the outcome of Tenancy Tribunal case 5422522?

The tribunal order states: James Hemi Paraha must pay Ngati Hine Health Trust $7,312.47 immediately,

How much money was awarded in case 5422522?

Cleaning: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Lightbulbs: $50.00 awarded to landlord; Previous Order Application 5186454 D…: $633.29 awarded to landlord; Painting: $4,000.00 awarded to landlord; Kitchen Vinyl: $250.00 awarded to landlord; Rubbish Removal: $743.70 awarded to landlord; Water Rates: $311.44 awarded to landlord; Property Damage: $596.04 awarded to landlord

What type of tenancy dispute was case 5422522?

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

Where can I read the official tribunal order for case 5422522?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13589270-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5422522?

The tribunal order states: James Hemi Paraha must pay Ngati Hine Health Trust $7,312.47 immediately,

How much money was awarded in case 5422522?

Cleaning: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Lightbulbs: $50.00 awarded to landlord; Previous Order Application 5186454 D…: $633.29 awarded to landlord; Painting: $4,000.00 awarded to landlord; Kitchen Vinyl: $250.00 awarded to landlord; Rubbish Removal: $743.70 awarded to landlord; Water Rates: $311.44 awarded to landlord; Property Damage: $596.04 awarded to landlord

What type of tenancy dispute was case 5422522?

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

Where can I read the official tribunal order for case 5422522?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13589270-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 338 Kamo Road, Te Kamo, Whangarei 0112 Tenancy Tribunal Case 5422522 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5422522 — net $7,312.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5186454 dated 30/04/2025	$633.29	Previous order application 5186454 dated 30/04/2025
Water rates	$311.44	Water rates
Light bulbs/batteries	$50.00	Light bulbs/batteries
Cleaning	$500.00	Cleaning
Rubbish removal: including carpet	$743.70	Rubbish removal: including carpet
Lawns and Garden work	$200.00	Lawns and Garden work
Repairs: vinyl	$250.00	Repairs: vinyl
Repairs: painting	$4,000.00	Repairs: painting
Window repairs: during tenancy	$596.04	Window repairs: during tenancy
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$7,312.47
Total payable by Tenant to Landlord	$7,312.47

Mr Whaley attended the hearing on behalf of the landlord attended the hearing. There was no appearance for the tenant.

The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.

The tenancy ended on 30 April 2025 by order of the Tribunal.

How much is owed for water rates?

The landlord sublets the property from Rental Experts. The landlord provided copies of invoices from Rental Experts to the landlord for water rates, based on meter readings. It would be preferable for the Tribunal to have copies of the actual water invoices from the water company showing the water and wastewater consumption of the tenant.

An order is made for $311.44 for water rates.

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

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The photos provided show that tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The lawns were overgrown.

Mr Whaley said that most of the light bulbs were missing and some fittings were broken.

The tenant had put carpet down in the lounge and that also had to be removed.

The landlord provided invoices for the amounts ordered. and they are proved.

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. 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 cost of repairing damage that is intentional.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

During the tenancy the front door glass and lounge windows were broken. The landlord provided evidence that they had written to the tenant about this and advised the amounts owed. They come to $596.04. That amount is ordered.

The tenant was also advised that he would be liable for painting costs. Without the consent of the landlord, he had painted the vinyl in the kitchen and the walls in most rooms. He had used a rag and car paint. He had also painted the outdoor steps. At the end of the tenancy this needed to be rectified. The invoice is for $5,250.00

I am satisfied that the painting amounts to damage and is not fair wear and tear.

Rental Experts had the vinyl in the kitchen replaced for a cost of $995.91. Because of the age of the vinyl, the landlord contributed $497.95.

The entry inspection photos show a property that was not in an excellent state of repairs. Mr Whaley thought the vinyl was at least 10 years old.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

The vinyl was not new at the start of the tenancy and Rental Experts has had the use of the vinyl for several years. In the IRD depreciation guide, vinyl flooring is not covered under rental properties, but in shops, hotels and building fitouts, it has a life expectancy of 10 years. I have decided that a contribution of $250 is appropriate.

I have also not ordered the full amount of painting. The entry inspection reports show that there were scuffs and small holes in the bathroom and bedroom.

Because Ngati Hine Health Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5422522 — net $7,312.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5186454 dated 30/04/2025	$633.29	Previous order application 5186454 dated 30/04/2025
Water rates	$311.44	Water rates
Light bulbs/batteries	$50.00	Light bulbs/batteries
Cleaning	$500.00	Cleaning
Rubbish removal: including carpet	$743.70	Rubbish removal: including carpet
Lawns and Garden work	$200.00	Lawns and Garden work
Repairs: vinyl	$250.00	Repairs: vinyl
Repairs: painting	$4,000.00	Repairs: painting
Window repairs: during tenancy	$596.04	Window repairs: during tenancy
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$7,312.47
Total payable by Tenant to Landlord	$7,312.47

Order

James Hemi Paraha must pay Ngati Hine Health Trust $7,312.47 immediately, calculated as shown in table below.

Reasons

Mr Whaley attended the hearing on behalf of the landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 30 April 2025 by order of the Tribunal.

How much is owed for water rates?

The landlord sublets the property from Rental Experts. The landlord provided copies of invoices from Rental Experts to the landlord for water rates, based on meter readings. It would be preferable for the Tribunal to have copies of the actual water invoices from the water company showing the water and wastewater consumption of the tenant.
An order is made for $311.44 for water rates.

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

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The photos provided show that tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The lawns were overgrown.
Mr Whaley said that most of the light bulbs were missing and some fittings were broken.
The tenant had put carpet down in the lounge and that also had to be removed.
The landlord provided invoices for the amounts ordered. and they are proved.

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. 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 cost of repairing damage that is intentional.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
During the tenancy the front door glass and lounge windows were broken. The landlord provided evidence that they had written to the tenant about this and advised the amounts owed. They come to $596.04. That amount is ordered.
The tenant was also advised that he would be liable for painting costs. Without the consent of the landlord, he had painted the vinyl in the kitchen and the walls in most rooms. He had used a rag and car paint. He had also painted the outdoor steps. At the end of the tenancy this needed to be rectified. The invoice is for $5,250.00
I am satisfied that the painting amounts to damage and is not fair wear and tear.
Rental Experts had the vinyl in the kitchen replaced for a cost of $995.91. Because of the age of the vinyl, the landlord contributed $497.95.
The entry inspection photos show a property that was not in an excellent state of repairs. Mr Whaley thought the vinyl was at least 10 years old.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The vinyl was not new at the start of the tenancy and Rental Experts has had the use of the vinyl for several years. In the IRD depreciation guide, vinyl flooring is not covered under rental properties, but in shops, hotels and building fitouts, it has a life expectancy of 10 years. I have decided that a contribution of $250 is appropriate.
I have also not ordered the full amount of painting. The entry inspection reports show that there were scuffs and small holes in the bathroom and bedroom.
Because Ngati Hine Health Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5422522 — Property damage at Unit/Flat 3, 338 Kamo Road, Te Kamo, Whangarei 0112

At a glance

Tenancy Tribunal case 5422522 — Property damage at Unit/Flat 3, 338 Kamo Road, Te Kamo, Whangarei 0112

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

Did the tenant comply with their 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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

Did the tenant comply with their 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

Property management

Frequently asked questions