What was the outcome of Tenancy Tribunal case 4623371?

The tribunal order states: Hamish Brebner, Cameron Brown and Peter Hayward to pay Robert Edkins

How much money was awarded in case 4623371?

Agreement In Writing, Signed, And Pr…: $350.00 awarded to tenant; Cleaning: $350.00 awarded to landlord; Property Damage: $400.00 awarded to tenant; Lawns: $31.18 awarded to landlord; Property Damage: $40.00 awarded to landlord; Walls: $500.00 awarded to landlord

What type of tenancy dispute was case 4623371?

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

Where can I read the official tribunal order for case 4623371?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9645966-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4623371?

The tribunal order states: Hamish Brebner, Cameron Brown and Peter Hayward to pay Robert Edkins

How much money was awarded in case 4623371?

Agreement In Writing, Signed, And Pr…: $350.00 awarded to tenant; Cleaning: $350.00 awarded to landlord; Property Damage: $400.00 awarded to tenant; Lawns: $31.18 awarded to landlord; Property Damage: $40.00 awarded to landlord; Walls: $500.00 awarded to landlord

What type of tenancy dispute was case 4623371?

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

Where can I read the official tribunal order for case 4623371?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9645966-Tenancy_Tribunal_Order.pdf.

32 Fyvie Avenue, Three Kings, Auckland 1042 Tenancy Tribunal Case 4623371 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4623371 — net $171.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Lawns	$31.18		Lawns
Repairs: walls	$500.00		Repairs: walls
Cleaning	$350.00		Cleaning
Lock/key replacement	$40.00		Lock/key replacement
Exemplary damages: Landlord failing to ensure tenancy		$400.00	Landlord failing to ensure tenancy
agreement in writing, signed, and provided to tenant		$350.00	agreement in writing, signed, and provided to tenant
Total award	$921.18	$750.00
Net award	$171.18
Bond	$1,300.00
Total payable by Tenant to Landlord	$171.18

Hamish Brebner, Cameron Brown and Peter Hayward to pay Robert Edkins And Julie Dick As The Trustees For The Ben Fellowes Trust $171.18 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,300.00 (3017657-005) immediately apportioned as follows: Robert Edkins And Julie Dick As The Trustees For The Ben Fellowes Trust: $171.18 Hamish Brebner, Cameron Brown and Peter Hayward: $1,128.82

Reasons

Both parties attended the hearing.

The landlord has applied for compensation and refund of the bond 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 (‘RTA’).

The tenant did not leave the premises reasonably clean and tidy.

The tenant did not return the keys.

The amounts ordered are proved. The amounts awarded for cleaning reflects the reasonable costs to bring the property to a reasonably clean and tidy standard only.

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.

The walls were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Has the landlord breached its obligations under the RTA?

The landlord failed to ensure that prior to commencement of the tenancy, the tenancy agreement is in writing, signed, and provided to tenant.

Failure to do so is an unlawful act under section 13(4) RTA for which the landlord may be liable to pay exemplary damages of up to $750.00.

I have considered the landlord’s explanation that efforts were made during the tenancy to formalise a tenancy agreement during the tenancy. However, the requirement that the tenancy agreement is in writing, signed, and provided to tenant arose prior to the commencement of the tenancy. No reasonable explanation has been provided.

Having regard to the effect to the tenant and public interest surrounding the provision under section 13 RTA, I consider it fair to award exemplary damages in favour of the tenant of $400.00.

While the bond was lodged late, after the tenancy had already ended, I accept the landlord’s explanation that the tenant failed to return a copy of the bond lodgment form during the tenancy and accordingly I decline to make any award of exemplary damages against the landlord. The requirement under section 19(1)(b) for the bond to be lodged by the landlord within 23 working days after the payment is made is subject to the tenant signing and returning the bond lodgment form to the landlord within that time.

Finally, the landlord failed to provide the premises in a reasonable state of cleanliness at the start of the tenancy. Renovation items were still in the premises until the third week into the tenancy and blinds were only supplied on 22 February 2023, more than 3 weeks after the commencement of the tenancy on 1 February 2023. I consider that an award of compensation of $350.00 appropriate in the circumstances, under section 45(1) RTA.

Only the amounts ordered are proved. The bond will be disbursed accordingly to the parties as set out above.

Claims and awards in Tenancy Tribunal application 4623371 — net $171.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Lawns	$31.18		Lawns
Repairs: walls	$500.00		Repairs: walls
Cleaning	$350.00		Cleaning
Lock/key replacement	$40.00		Lock/key replacement
Exemplary damages: Landlord failing to ensure tenancy		$400.00	Landlord failing to ensure tenancy
agreement in writing, signed, and provided to tenant		$350.00	agreement in writing, signed, and provided to tenant
Total award	$921.18	$750.00
Net award	$171.18
Bond	$1,300.00
Total payable by Tenant to Landlord	$171.18

Order

Hamish Brebner, Cameron Brown and Peter Hayward to pay Robert Edkins And Julie Dick As The Trustees For The Ben Fellowes Trust $171.18 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,300.00 (3017657-005) immediately apportioned as follows: Robert Edkins And Julie Dick As The Trustees For The Ben Fellowes Trust: $171.18 Hamish Brebner, Cameron Brown and Peter Hayward: $1,128.82

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and refund of the bond 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 (‘RTA’).
The tenant did not leave the premises reasonably clean and tidy.
The tenant did not return the keys.
The amounts ordered are proved. The amounts awarded for cleaning reflects the reasonable costs to bring the property to a reasonably clean and tidy standard only.

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.
The walls were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Has the landlord breached its obligations under the RTA?

The landlord failed to ensure that prior to commencement of the tenancy, the tenancy agreement is in writing, signed, and provided to tenant.
Failure to do so is an unlawful act under section 13(4) RTA for which the landlord may be liable to pay exemplary damages of up to $750.00.
I have considered the landlord’s explanation that efforts were made during the tenancy to formalise a tenancy agreement during the tenancy. However, the requirement that the tenancy agreement is in writing, signed, and provided to tenant arose prior to the commencement of the tenancy. No reasonable explanation has been provided.
Having regard to the effect to the tenant and public interest surrounding the provision under section 13 RTA, I consider it fair to award exemplary damages in favour of the tenant of $400.00.
While the bond was lodged late, after the tenancy had already ended, I accept the landlord’s explanation that the tenant failed to return a copy of the bond lodgment form during the tenancy and accordingly I decline to make any award of exemplary damages against the landlord. The requirement under section 19(1)(b) for the bond to be lodged by the landlord within 23 working days after the payment is made is subject to the tenant signing and returning the bond lodgment form to the landlord within that time.
Finally, the landlord failed to provide the premises in a reasonable state of cleanliness at the start of the tenancy. Renovation items were still in the premises until the third week into the tenancy and blinds were only supplied on 22 February 2023, more than 3 weeks after the commencement of the tenancy on 1 February 2023. I consider that an award of compensation of $350.00 appropriate in the circumstances, under section 45(1) RTA.
Only the amounts ordered are proved. The bond will be disbursed accordingly to the parties as set out above.

Tenancy Tribunal case 4623371 — Property damage at 32 Fyvie Avenue, Three Kings, Auckland 1042

At a glance

Tenancy Tribunal case 4623371 — Property damage at 32 Fyvie Avenue, Three Kings, Auckland 1042

At a glance

Award balance

Claims & awards

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?

Has the landlord breached its obligations under the RTA?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

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?

Has the landlord breached its obligations under the RTA?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions