What was the outcome of Tenancy Tribunal case 4547289?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4547289?

Cleaning: $609.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $149.00 awarded to landlord; Property Damage: $425.50 awarded to landlord; Property Damage: $461.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Paint, Walls, Drapes, Rails: $1,609.79 awarded to landlord; Rubbish Removal: $333.50 awarded to landlord; Rubbish Removal: $310.00 awarded to landlord

What type of tenancy dispute was case 4547289?

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

Where can I read the official tribunal order for case 4547289?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9440753-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4547289?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4547289?

Cleaning: $609.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $149.00 awarded to landlord; Property Damage: $425.50 awarded to landlord; Property Damage: $461.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Paint, Walls, Drapes, Rails: $1,609.79 awarded to landlord; Rubbish Removal: $333.50 awarded to landlord; Rubbish Removal: $310.00 awarded to landlord

What type of tenancy dispute was case 4547289?

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

Where can I read the official tribunal order for case 4547289?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9440753-Tenancy_Tribunal_Order.pdf.

4 Armada Drive, Ranui, Auckland 0612 Tenancy Tribunal Case 4547289 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4547289 — net $4,468.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Floor/carpet repair excess	$550.00	Repairs: Floor/carpet repair excess
Window repairs	$425.50	Window repairs
Cleaning	$609.50	Cleaning
Lock/key replacement	$461.00	Lock/key replacement
Rubbish removal: Rubbish and gardens	$333.50	Rubbish removal: Rubbish and gardens
Lawns and Garden work	$149.00	Lawns and Garden work
Rubbish removal: Skip bin	$310.00	Rubbish removal: Skip bin
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: Paint, walls, drapes, rails	$1,609.79	Repairs: Paint, walls, drapes, rails
Net award	$4,468.73
Total payable by Tenant to Landlord	$4,468.73

The landlord attended the hearing, the respondent did not.

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

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, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. .

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. a. The tenant had ordered and filled a skip bin with rubbish, but had not paid the contractor. b. Bags of rubbish and much loose rubbish was left throughout the house, in the yard and filling up a garden shed. c. The lawns had not been mowed, and the contractor had not been paid for a previous mow. d. The tenant did not return any of the keys to any of the doors.

The amounts ordered 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 actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

The following damage was caused during the tenancy: a. Damage to the hallway floor from the washing machine flooding. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord stated that insurance was claimed for this repair, and the insurance excess was $550.00. b. Two broken windows. c. Damage to the walls in all the bedrooms requiring re-paint. d. Missing drapes and rails throughout the house. e. Kitchen cabinetry missing.

The amounts ordered are proved.

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 landlord also claimed for a broken plastic kitchen tap, which being approximately 50 years old I consider to be fair wear and tear. I dismiss that claim.

A claim for a jammed shed door was not pursued by the landlord and is dismissed.

Pruning the trees and removing this garden waste was not pursued by the landlord, and that portion of one of the invoices is not awarded.

Because Good Neighbours Property Management Limited As Agent For Irwin Aarons has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4547289 — net $4,468.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Floor/carpet repair excess	$550.00	Repairs: Floor/carpet repair excess
Window repairs	$425.50	Window repairs
Cleaning	$609.50	Cleaning
Lock/key replacement	$461.00	Lock/key replacement
Rubbish removal: Rubbish and gardens	$333.50	Rubbish removal: Rubbish and gardens
Lawns and Garden work	$149.00	Lawns and Garden work
Rubbish removal: Skip bin	$310.00	Rubbish removal: Skip bin
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: Paint, walls, drapes, rails	$1,609.79	Repairs: Paint, walls, drapes, rails
Net award	$4,468.73
Total payable by Tenant to Landlord	$4,468.73

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Kathryn Maree Rose Wira must pay Good Neighbours Property Management Limited As Agent For Irwin Aarons $4,468.73 immediately, calculated as shown in table below. 3.

Reasons

The landlord attended the hearing, the respondent did not.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. .
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. a. The tenant had ordered and filled a skip bin with rubbish, but had not paid the contractor. b. Bags of rubbish and much loose rubbish was left throughout the house, in the yard and filling up a garden shed. c. The lawns had not been mowed, and the contractor had not been paid for a previous mow. d. The tenant did not return any of the keys to any of the doors.
The amounts ordered 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 actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
The following damage was caused during the tenancy: a. Damage to the hallway floor from the washing machine flooding. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord stated that insurance was claimed for this repair, and the insurance excess was $550.00. b. Two broken windows. c. Damage to the walls in all the bedrooms requiring re-paint. d. Missing drapes and rails throughout the house. e. Kitchen cabinetry missing.
The amounts ordered are proved.
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 landlord also claimed for a broken plastic kitchen tap, which being approximately 50 years old I consider to be fair wear and tear. I dismiss that claim.
A claim for a jammed shed door was not pursued by the landlord and is dismissed.
Pruning the trees and removing this garden waste was not pursued by the landlord, and that portion of one of the invoices is not awarded.
Because Good Neighbours Property Management Limited As Agent For Irwin Aarons has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4547289 — Property damage at 4 Armada Drive, Ranui, Auckland 0612

At a glance

Tenancy Tribunal case 4547289 — Property damage at 4 Armada Drive, Ranui, Auckland 0612

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

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

Dismissed claims

Order

Reasons

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