What was the outcome of Tenancy Tribunal case 4558729?

The tribunal order states: Trinity Te Awa and Shonah Jones must pay Inspire Real Estate as agent for

How much money was awarded in case 4558729?

Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $626.76 awarded to landlord; Rent Arrears: $62.86 awarded to landlord; Rubbish Removal: $1,700.00 awarded to landlord; Water Rates: $75.71 awarded to landlord

What type of tenancy dispute was case 4558729?

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

Where can I read the official tribunal order for case 4558729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9565447-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4558729?

The tribunal order states: Trinity Te Awa and Shonah Jones must pay Inspire Real Estate as agent for

How much money was awarded in case 4558729?

Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $626.76 awarded to landlord; Rent Arrears: $62.86 awarded to landlord; Rubbish Removal: $1,700.00 awarded to landlord; Water Rates: $75.71 awarded to landlord

What type of tenancy dispute was case 4558729?

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

Where can I read the official tribunal order for case 4558729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9565447-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 2, 16 Kaponga Crescent, New Lynn, Auckland Tenancy Tribunal Case 4558729 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4558729 — net $2,885.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (one day being 5 April 2023	$62.86	Rent arrears (one day being 5 April 2023
Water rates	$75.71	Water rates
Repairs and rubbish removal	$1,700.00	Repairs and rubbish removal
Cleaning	$400.00	Cleaning
Window repairs	$626.76	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,885.77
Total payable by Tenant to Landlord	$2,885.77

Only the landlord attended the hearing, represented by Mr Wilcock.

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

The landlord provided move-in inspection photos together with photos from the end of the tenancy, rent records, a water invoice and invoices for work done at the end of the tenancy.

How much is owed for rent and water rates?

The tenancy was terminated on 30 March 2023 and possession was granted to the landlord on 4 April 2023.

The tenants vacated on 5 April 2023. The landlord provided rent records showing that an additional day of rent is owing in the amount of $62.86.

The landlord also provided a water rates invoice in the amount of $75.71, owing at 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. The move-out inspection photos show that the property was not properly cleaned and that there was mould in various places.

The landlord produced an invoice in the amount of $496.40 for cleaning. Having considered the photos and the narrations in the invoice I consider that the tenants should be liable for $400.00, this being the portion of the invoice I estimate was necessary to get the property up to a “reasonably clean and tidy” condition. The tenants do not need to leave the property spotless and ready for a new tenant to move in.

The tenants did not remove all rubbish or return the keys. The shower curtain and some curtain rings were missing at the end of the tenancy.

These matters were included in an invoice which included work done to repair damage which I refer to below.

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 caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

The following damage was caused during the tenancy: a. The cabinet in the bathroom was damaged; b. The sunlite on the porch was broken; c. Three windows were broken; and d. There were holes in a number of walls and doors.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord provided an invoice from Henderson glass in the amount of $626.76. This claim is proved.

The landlord provided an invoice in the amount of $1,972.25 from Promaxx Property Maintenance for the other repairs, together with rubbish removal, lock and key replacement, curtain hanging, and replacement of the shower curtain referred to above.

I consider that it is appropriate to award the landlord compensation of $1,700.00 in respect of this invoice. 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. I note that the landlord now has a new shower curtain and new sunlite on the porch and so consider a small amount of deprecation to be appropriate.

Because Inspire Real Estate as agent for Thrice Peak Family Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4558729 — net $2,885.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (one day being 5 April 2023	$62.86	Rent arrears (one day being 5 April 2023
Water rates	$75.71	Water rates
Repairs and rubbish removal	$1,700.00	Repairs and rubbish removal
Cleaning	$400.00	Cleaning
Window repairs	$626.76	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,885.77
Total payable by Tenant to Landlord	$2,885.77

Order

Trinity Te Awa and Shonah Jones must pay Inspire Real Estate as agent for Thrice Peak Family Trust $2,885.77 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing, represented by Mr Wilcock.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord provided move-in inspection photos together with photos from the end of the tenancy, rent records, a water invoice and invoices for work done at the end of the tenancy.

How much is owed for rent and water rates?

The tenancy was terminated on 30 March 2023 and possession was granted to the landlord on 4 April 2023.
The tenants vacated on 5 April 2023. The landlord provided rent records showing that an additional day of rent is owing in the amount of $62.86.
The landlord also provided a water rates invoice in the amount of $75.71, owing at 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. The move-out inspection photos show that the property was not properly cleaned and that there was mould in various places.
The landlord produced an invoice in the amount of $496.40 for cleaning. Having considered the photos and the narrations in the invoice I consider that the tenants should be liable for $400.00, this being the portion of the invoice I estimate was necessary to get the property up to a “reasonably clean and tidy” condition. The tenants do not need to leave the property spotless and ready for a new tenant to move in.
The tenants did not remove all rubbish or return the keys. The shower curtain and some curtain rings were missing at the end of the tenancy.
These matters were included in an invoice which included work done to repair damage which I refer to below.

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 caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
The following damage was caused during the tenancy: a. The cabinet in the bathroom was damaged; b. The sunlite on the porch was broken; c. Three windows were broken; and d. There were holes in a number of walls and doors.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided an invoice from Henderson glass in the amount of $626.76. This claim is proved.
The landlord provided an invoice in the amount of $1,972.25 from Promaxx Property Maintenance for the other repairs, together with rubbish removal, lock and key replacement, curtain hanging, and replacement of the shower curtain referred to above.
I consider that it is appropriate to award the landlord compensation of $1,700.00 in respect of this invoice. 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. I note that the landlord now has a new shower curtain and new sunlite on the porch and so consider a small amount of deprecation to be appropriate.
Because Inspire Real Estate as agent for Thrice Peak Family Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4558729 — Property damage at Unit/Flat Flat 2, 16 Kaponga Crescent, New Lynn, Auckland

At a glance

Tenancy Tribunal case 4558729 — Property damage at Unit/Flat Flat 2, 16 Kaponga Crescent, New Lynn, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and 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 rent and 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