How much money was awarded in case 4579470?

Cleaning: $195.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $270.00 awarded to landlord; Property Damage: $112.01 awarded to landlord; Holes In Walls: $385.75 awarded to landlord; Water Rates: $1,323.55 awarded to landlord

What type of tenancy dispute was case 4579470?

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

Where can I read the official tribunal order for case 4579470?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9431176-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4579470?

Cleaning: $195.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $270.00 awarded to landlord; Property Damage: $112.01 awarded to landlord; Holes In Walls: $385.75 awarded to landlord; Water Rates: $1,323.55 awarded to landlord

What type of tenancy dispute was case 4579470?

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

Where can I read the official tribunal order for case 4579470?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9431176-Tenancy_Tribunal_Order.pdf.

49 Allen Bell Drive, Kaitaia 0410 Tenancy Tribunal Case 4579470 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4579470?

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

Order

Claims and awards in Tenancy Tribunal application 4579470 — net $507.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$195.50	the claim for carpet cleaning costs is fair and reasonable.
Carpet replacement (lounge	$270.00	Carpet replacement (lounge
Repairs: Holes in walls	$385.75	Repairs: Holes in walls
Lock/key replacement	$112.01	Lock/key replacement
Water rates	$1,323.55	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$507.25
Total payable by Tenant to Landlord	$507.25

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Lakisha Shontay Batters must pay Far North Circle Real Estate Limited (as agent for Andrew Saunders) $507.25 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,800.00 (3445289-016) to Far North Circle Real Estate Limited immediately.

Reasons

The tenancy ended on 14 April 2023.

The landlord’s application seeks carpet cleaning, carpet replacement, repairs, change of locks, electrical costs, lawnmowing, and water rates.

The hearing took place in Kaitaia on 19 September 2023. Ms Levi attended the hearing on behalf of the landlord. Ms Batters had requested to attend the hearing by phone as she now lives in Auckland. However, I was not able to reach Ms Batters on the phone number that she provided.

Ms Levi explained that Ms Batters left the property suddenly, in difficult circumstances. She did a generally good job of cleaning and tidying the property before she left.

The carpets were left somewhat dirty, and the claim for carpet cleaning costs is fair and reasonable.

There was damage to the carpet in the lounge. There were cuts and holes in the carpet and Ms Levi submitted that there were ‘sharp objects’ left underneath the carpet.

The claim seeks $1,350.00 for replacement of the carpet in the lounge. I accept Ms Levi’s detailed oral evidence about the damage. However I note the comment in the carpet cleaner’s invoice that: Carpets are old and worn. Plus old stains / holes in carpet

Based on this, and the photographs provided to me, I will apply depreciation of 80% to the new replacement cost claimed.

The tenant changed the back door lock during the tenancy and did not give Ms Levi a key. The cost of changing this lock at the end of the tenancy is proven.

There were multiple holes in walls. The damage is beyond fair wear and tear and it occurred during Ms Batters’ tenancy. As a tenant Ms Batters is liable for damage that is caused by herself or by anyone who is at the property with her consent.

The amount claimed for repairs is proven, and is very reasonable.

Water rates are owed for the period from July 2022 to the end of the tenancy. The amount of water use is very high, but Ms Levi submitted that there were no complaints of any leaks or water loss during the tenancy, and the new tenant has used very little water. The claim is proven.

The following parts of the landlord’s claim are dismissed: a. Lawnmowing $60.00: The photographs provided to me do not show that the lawns were overgrown at the end of the tenancy. b. Electrical cost $529.18: Ms Batters contacted Ms Levi stating that several lights weren’t working. Kinetic Electrical Far North went to the property on 8 September 2022. Their invoice describes the work that they carried out as follows: More light fittings throughout house have stopped working. Change the remainder of old lights in house, 8 in total to new LED downlights and replace 2 outside light bulbs The landlord seeks to hold the tenant liable for this cost on the grounds that Ms Batters instructed the electrician to replace all of the kitchen downlights and it was not necessary to do so. However, I am satisfied that the description of the work in the invoice is more in the nature of maintenance work for which the landlord is liable.

The landlord has been largely successful in this application and I will also award the landlord the filing fee of $20.44.

The bond will be released to the landlord.

Claims and awards in Tenancy Tribunal application 4579470 — net $507.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$195.50	the claim for carpet cleaning costs is fair and reasonable.
Carpet replacement (lounge	$270.00	Carpet replacement (lounge
Repairs: Holes in walls	$385.75	Repairs: Holes in walls
Lock/key replacement	$112.01	Lock/key replacement
Water rates	$1,323.55	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$507.25
Total payable by Tenant to Landlord	$507.25

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Lakisha Shontay Batters must pay Far North Circle Real Estate Limited (as agent for Andrew Saunders) $507.25 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (3445289-016) to Far North Circle Real Estate Limited immediately.

Reasons

The tenancy ended on 14 April 2023.
The landlord’s application seeks carpet cleaning, carpet replacement, repairs, change of locks, electrical costs, lawnmowing, and water rates.
The hearing took place in Kaitaia on 19 September 2023. Ms Levi attended the hearing on behalf of the landlord. Ms Batters had requested to attend the hearing by phone as she now lives in Auckland. However, I was not able to reach Ms Batters on the phone number that she provided.
Ms Levi explained that Ms Batters left the property suddenly, in difficult circumstances. She did a generally good job of cleaning and tidying the property before she left.
The carpets were left somewhat dirty, and the claim for carpet cleaning costs is fair and reasonable.
There was damage to the carpet in the lounge. There were cuts and holes in the carpet and Ms Levi submitted that there were ‘sharp objects’ left underneath the carpet.
The claim seeks $1,350.00 for replacement of the carpet in the lounge. I accept Ms Levi’s detailed oral evidence about the damage. However I note the comment in the carpet cleaner’s invoice that: Carpets are old and worn. Plus old stains / holes in carpet
Based on this, and the photographs provided to me, I will apply depreciation of 80% to the new replacement cost claimed.
The tenant changed the back door lock during the tenancy and did not give Ms Levi a key. The cost of changing this lock at the end of the tenancy is proven.
There were multiple holes in walls. The damage is beyond fair wear and tear and it occurred during Ms Batters’ tenancy. As a tenant Ms Batters is liable for damage that is caused by herself or by anyone who is at the property with her consent.
The amount claimed for repairs is proven, and is very reasonable.
Water rates are owed for the period from July 2022 to the end of the tenancy. The amount of water use is very high, but Ms Levi submitted that there were no complaints of any leaks or water loss during the tenancy, and the new tenant has used very little water. The claim is proven.
The following parts of the landlord’s claim are dismissed: a. Lawnmowing $60.00: The photographs provided to me do not show that the lawns were overgrown at the end of the tenancy. b. Electrical cost $529.18: Ms Batters contacted Ms Levi stating that several lights weren’t working. Kinetic Electrical Far North went to the property on 8 September 2022. Their invoice describes the work that they carried out as follows: More light fittings throughout house have stopped working. Change the remainder of old lights in house, 8 in total to new LED downlights and replace 2 outside light bulbs The landlord seeks to hold the tenant liable for this cost on the grounds that Ms Batters instructed the electrician to replace all of the kitchen downlights and it was not necessary to do so. However, I am satisfied that the description of the work in the invoice is more in the nature of maintenance work for which the landlord is liable.
The landlord has been largely successful in this application and I will also award the landlord the filing fee of $20.44.
The bond will be released to the landlord.

Tenancy Tribunal case 4579470 — Property damage at 49 Allen Bell Drive, Kaitaia 0410

At a glance

Tenancy Tribunal case 4579470 — Property damage at 49 Allen Bell Drive, Kaitaia 0410

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions