What was the outcome of Tenancy Tribunal case 4595929?

The tribunal order states: Eseta Kolopeaua must pay Landlords Assistant Limited - As Agent For Gavin

How much money was awarded in case 4595929?

Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $885.39 awarded to landlord; Property Damage: $175.00 awarded to landlord; Property Damage: $326.60 awarded to landlord; Property Damage: $135.00 awarded to landlord; Property Damage: $3,924.38 awarded to landlord; Rent Arrears: $1,275.00 awarded to landlord; Home Hub Appliances Call Out: $126.50 awarded to landlord; Replace Furnishings: Oven: $25.76 awarded to landlord; Property Damage: $814.07 awarded to landlord; Travel Time And Labour: $2,970.00 awarded to landlord; Water Rates: $90.05 awarded to landlord

What type of tenancy dispute was case 4595929?

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

Where can I read the official tribunal order for case 4595929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9638655-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4595929?

The tribunal order states: Eseta Kolopeaua must pay Landlords Assistant Limited - As Agent For Gavin

How much money was awarded in case 4595929?

Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $885.39 awarded to landlord; Property Damage: $175.00 awarded to landlord; Property Damage: $326.60 awarded to landlord; Property Damage: $135.00 awarded to landlord; Property Damage: $3,924.38 awarded to landlord; Rent Arrears: $1,275.00 awarded to landlord; Home Hub Appliances Call Out: $126.50 awarded to landlord; Replace Furnishings: Oven: $25.76 awarded to landlord; Property Damage: $814.07 awarded to landlord; Travel Time And Labour: $2,970.00 awarded to landlord; Water Rates: $90.05 awarded to landlord

What type of tenancy dispute was case 4595929?

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

Where can I read the official tribunal order for case 4595929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9638655-Tenancy_Tribunal_Order.pdf.

50 Ferguson Road, Otara, Auckland 2023 Tenancy Tribunal Case 4595929 — Property damage

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Claims and awards in Tenancy Tribunal application 4595929 — net $11,218.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 15 April 2023- 28 April 2023	$1,275.00	2. The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Water rates	$90.05	Water rates
Window repairs	$175.00	Window repairs
Lock/key replacement	$326.60	Lock/key replacement
Lock/key replacement	$135.00	Lock/key replacement
Repair flooring	$3,924.38	Repair flooring
Oven/stove cleaning and bathroom clean	$450.00	Oven/stove cleaning and bathroom clean
Replace furnishings: Oven	$25.76	Replace furnishings: Oven
Repairs: Home hub appliances call out	$126.50	Repairs: Home hub appliances call out
Pest control	$885.39	Pest control
Replace furnishings: Oven cooktop damage	$814.07	Replace furnishings: Oven cooktop damage
Travel time and labour	$2,970.00	Travel time and labour
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,218.19
Total payable by Tenant to Landlord	$11,218.19

Claims and awards in Tenancy Tribunal application 4595929 — net $11,218.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears 15 April 2023- 28 April 2023

$1,275.00

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

Water rates

$90.05

Water rates

Window repairs

$175.00

Window repairs

Lock/key replacement

$326.60

Lock/key replacement

$135.00

Lock/key replacement

Repair flooring

$3,924.38

Repair flooring

Oven/stove cleaning and bathroom clean

$450.00

Oven/stove cleaning and bathroom clean

Replace furnishings: Oven

$25.76

Replace furnishings: Oven

Repairs: Home hub appliances call out

$126.50

Repairs: Home hub appliances call out

Pest control

$885.39

Pest control

Replace furnishings: Oven cooktop damage

$814.07

Replace furnishings: Oven cooktop damage

Travel time and labour

$2,970.00

Travel time and labour

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$11,218.19

Total payable by Tenant to Landlord

$11,218.19

Reasons

The Landlord attended the hearing with the Property Owner. The Tenant did not appear.

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

How much is owed for rent and water rates arrears?

The tenancy ended on 28 April 2023. The landlord provided rent records and water rates invoices which prove the amount 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The Landlord claimed the property appeared as if it had not been cleaned in four years. The Landlord spent 12 hours cleaning which included removing grease and dirt off the kitchen floor, removing extensive fly faeces all over the ceiling, washing down all of the walls to remove insect stains and dirt. Photographs of the dirty bathroom and kitchen surfaces, personal belongings left in the laundry, a summary of costs for cleaning and the outgoing inspection report were submitted.

The Landlord claimed for the cleaning of the shower and oven separately which required extensive cleaning. A separate invoice was provided for this.

The Tenant also left a considerable amount of rubbish in the garden, shed, garage and inside the house which required disposal. A dead cat was found under the house. It took approximately five hours to dispose of the rubbish and a skip bin was hired. An invoice was provided to substantiate the costs.

The Landlord claimed for removal and treatment of the mould. There was expansive black mould on the walls in bedrooms 1 and 2 which the Landlord speculated was due to the Tenants pushing up their beds against the wall which blocked the ventilation. There was less mould in bedroom three and in the bathroom. The Landlord claimed there was no issue with ventilation because in the six weeks he spent repairing the property, he left the windows open and the mould did not reappear. The Landlord treated the walls of the whole property with sugar soap, bleach and vinegar solution. Photographs of the mould, an ingoing inspection report and a summary of expenses was provided. The amounts ordered are proved.

The tenant did not return the keys. A locksmith was required to replace the locks. There were also locks the Tenant installed on the bedroom doors. The Landlord speculated the Tenant was sub-letting without the Landlords consent. An invoice was provided to substantiate the costs.

The amounts ordered are proved.

The Landlord claimed the following items were missing at the end of the tenancy: shower slide, toilet roll holder, pop-up waste for vanity, kitchen and laundry sink strainer plug. There was evidence in the outgoing inspection report that the toilet roll holder and shower slide was removed. There was no reference to the kitchen and laundry sink strainer being missing in the outgoing inspection report.

In considering the evidence, there was nothing to prove the plugs and pop-up waste was missing. For this reason, I find it appropriate to only award the claims for the shower slide and toilet roll holder being $111.58 and $51.03. The other claim for the strainer plugs and pop-up waste are dismissed due to insufficient evidence.

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 occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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.

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.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

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.

The following damage was caused during the tenancy: a) Damage to the window in bedroom 1. The window in bedroom one was cracked and required replacing at the end of the tenancy. An invoice was provided for the repairs and an ingoing inspection report which proved the damage occurred during the tenancy. The damage is more than fair wear and tear. b) Damage to garage door lock. The lock on the garage door was removed and a locksmith was required to repair this. An invoice, ingoing inspection report and photographs were provided of the damage and repair. The damage is more than fair wear and tear. c) Damage to the flooring. The Landlord claimed the wooden floors in every room of the property were damaged by multiple gouge marks which appeared to be caused intentionally. They were too deep to be caused by furniture damage. The Landlord provided multiple photographs of the damaged floors and an ingoing inspection report verifying the floors had been renovated just prior to the Tenant moving in. d) The Landlord deposed they did not notice the floor damage until the end of the tenancy because it was concealed by furniture. The dirt in the gouges indicated these were not new. The Landlord submitted a claim with their insurers however the insurer advised ‘in this case where the tenancy tribunal is involved it maybe considered a tenancy issue and left to the tribunal for enforcement and wait for the results’. Because of this uncertain response from the insurer, the Landlord sought to claim full costs for the damage. An invoice was provided to substantiate the repairs required. The damage is more than fair wear and tear, and the Tenant has not disproved liability for the damage. e) Damage to oven control knob- The oven knobs for temperature and function were cracked. This was the second time the Landlord had to repair these. The oven was brand new at the start of the tenancy. An invoice was provided to substantiate the damage and repair. f) Oven repair callout- The Landlord claimed for a repair callout on 6 June 2023 due to the oven having blown elements. An invoice for the repair stated the oven was broken due to a cockroach infestation and a photograph was provided of the interior showing cockroach faeces. The appliance technician advised the house should be professionally sprayed prior to replacing the cooktop and oven. The amounts ordered are proved. g) Oven and cooktop damage- The Landlord claimed for the damage caused by the pest infestation which was verified by the appliance technicians invoice. The amounts ordered are proved; h) Damage to exterior vent covers- The Landlord claimed to re-fit new vent covers for the outdoor brick venting system that had been removed during the tenancy. It appeared as if they were removed by someone smashing them with a hammer. Photographs were provided of the damage, an ingoing inspection report and summary of expenses. The amounts ordered are proved. i) Damage to gutter- The Landlord claimed for the repair of the broken guttering around the house. There were three sections that were cracked by the front door, back corner of the house and above the back porch. The Landlord discovered several water bottles, sticks, rocks and a flag on the roof which he speculated caused the damage to the guttering. An invoice was provided for the repairs and an outgoing inspection report that stated the ‘plastic drink bottles in the back gutter will need removing’. The ingoing inspection report did not refer to the gutters and there was nothing in the invoice that specified the cause of the damage. The Landlord submitted this was more than wear and tear. j) In considering the evidence, I find it more likely than not from the water bottles and things that were found on the roof caused damage during the tenancy and the Tenant has not disproved the claim. The amounts ordered are proved. k) Door knobs- The landlord claimed for changing the door knobs in the bedrooms, hallway and rumpus. The Tenant had installed lockable door knobs but did not leave the keys. An invoice, receipt from Bunnings for the door knobs and outgoing inspection report was provided. The amounts ordered are proved. l) Letterbox damage- The Landlord claimed for damage to the letter box which had the top missing. There were no photos of the damaged letter box and there was no mention of the damage in the outgoing inspection report. For these reasons, the claim is dismissed. m) Missing keys- The Landlord claimed for cutting two sets of keys for the Property Manager and Tenants. A receipt from Mitre 10, tax invoice was provided. The amounts ordered are proved. n) Damage to walls- The Landlord claimed for the repairs to the walls throughout in Bedroom 1 and 2, the lounge and rumpus rooms which appeared as if they were punch and kick holes. There was an attempt to patch up a hole and some scuff marks. An outgoing inspection report, ingoing inspection report and invoice was provided. The amounts ordered are proved. o) Damage to the laundry and kitchen- The Landlord claimed for repainting the walls and windows in the laundry and kitchen however there was nothing in the outgoing inspection report to show what exactly the damage was to the window and why they needed repainting. The kitchen description stated ‘Repaint walls and windows’ and the laundry description stated ‘repair and repaint window and repaint laundry’. As there was no evidence as to why these areas required repair, the claim for $341.95 is dismissed. p) Hotwater cupboard repair- The Landlord claimed for repairing the hotwater cupboard that required rebuilding and repainting. A photograph was provided of the damaged door and invoice to substantiate the costs. The amounts ordered are proved. q) Damage to rumpus and lounge door- The Landlord claimed for repairing holes in the rumpus and lounge room doors. The rumpus room door appeared to be badly patched which took eight hours of labour to repair and there was a hole in the lounge door which appeared to look like punch marks. Photographs were provided of the damaged rumpus room door frame however nothing was provided for the lounge door. The Landlord has claimed $623.44. As there is insufficient evidence of the damaged lounge door, the appropriate amount to award will be half of this for the one door. The amount ordered is proved. r) Pest control- The Landlord claimed for the materials he purchased to eradicate the cockroach infestation. Photographs were provided of the cockroach infestation and an invoice from an exterminator. The Landlord has provided an invoice for rat baits and k-gel cockroaches. They have claimed one hour for each and two hours for pest control. I consider a more reasonable amount of time is one hour for each so I have reduced the award to $245.39. s) Miscellaneous materials- The landlord has claimed for miscellaneous items required such as light bulbs, lightshades and the window handle. The outgoing inspection report indicates the lightshade and window handle was broken. The amounts ordered are proved. t) Pest control- The landlord claimed for professional pest control after attempting to resolve the infestation himself. An invoice was provided and proof of the infestation was in the inspection report and invoice. The amount ordered is 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. Claim for labour and travel time

The Landlord has claimed 90 hours for the labour he undertook restoring the property to a reasonable standard of repair and clean and tidy condition. He submitted that he worked over a period of six weeks every day for approximately five to six hours. He was a qualified Tradesperson however nothing was submitted to verify his qualifications.

The difficulty this presents when the Landlord/ Owner is performing their own repairs is the duration of each task maybe affected by their experience. When there is nothing to prove the Landlord’s experience, the claim for labour maybe inaccurate.

The Landlord also claimed 30 hours for travel time. There was no breakdown of exactly how this was estimated for example records of dates, times and locations that were travelled.

In considering the evidence provided, the damages and condition of the property substantiate some of the time the Landlord spent on repairing the property. Because there was nothing to substantiate his level of experience however, I find an appropriate amount is half of labour hours claimed, less the claims which were dismissed totalling 10.75 hours. I find 54 hours is an appropriate award.

As there is insufficient evidence of how the travel time was incurred, the claim is dismissed.

As Landlords Assistant Limited - As Agent For Gavin Harford has substantially succeeded with the claim the Tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4595929 — net $11,218.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 15 April 2023- 28 April 2023	$1,275.00	2. The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Water rates	$90.05	Water rates
Window repairs	$175.00	Window repairs
Lock/key replacement	$326.60	Lock/key replacement
Lock/key replacement	$135.00	Lock/key replacement
Repair flooring	$3,924.38	Repair flooring
Oven/stove cleaning and bathroom clean	$450.00	Oven/stove cleaning and bathroom clean
Replace furnishings: Oven	$25.76	Replace furnishings: Oven
Repairs: Home hub appliances call out	$126.50	Repairs: Home hub appliances call out
Pest control	$885.39	Pest control
Replace furnishings: Oven cooktop damage	$814.07	Replace furnishings: Oven cooktop damage
Travel time and labour	$2,970.00	Travel time and labour
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,218.19
Total payable by Tenant to Landlord	$11,218.19

Claims and awards in Tenancy Tribunal application 4595929 — net $11,218.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears 15 April 2023- 28 April 2023

$1,275.00

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

Water rates

$90.05

Water rates

Window repairs

$175.00

Window repairs

Lock/key replacement

$326.60

Lock/key replacement

$135.00

Lock/key replacement

Repair flooring

$3,924.38

Repair flooring

Oven/stove cleaning and bathroom clean

$450.00

Oven/stove cleaning and bathroom clean

Replace furnishings: Oven

$25.76

Replace furnishings: Oven

Repairs: Home hub appliances call out

$126.50

Repairs: Home hub appliances call out

Pest control

$885.39

Pest control

Replace furnishings: Oven cooktop damage

$814.07

Replace furnishings: Oven cooktop damage

Travel time and labour

$2,970.00

Travel time and labour

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$11,218.19

Total payable by Tenant to Landlord

$11,218.19

Reasons

The Landlord attended the hearing with the Property Owner. The Tenant did not appear.

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

How much is owed for rent and water rates arrears?

The tenancy ended on 28 April 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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

The Landlord claimed for the cleaning of the shower and oven separately which required extensive cleaning. A separate invoice was provided for this.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The Landlord also claimed 30 hours for travel time. There was no breakdown of exactly how this was estimated for example records of dates, times and locations that were travelled.

As there is insufficient evidence of how the travel time was incurred, the claim is dismissed.

As Landlords Assistant Limited - As Agent For Gavin Harford has substantially succeeded with the claim the Tenant must reimburse the filing fee.

Tenancy Tribunal case 4595929 — Property damage at 50 Ferguson Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4595929 — Property damage at 50 Ferguson Road, Otara, Auckland 2023

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates arrears?

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

How much is owed for rent and water rates arrears?

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