How much money was awarded in case 4625669?

Cleaning: $580.00 awarded to landlord; Compensation: Carpet: $2,000.00 awarded to landlord; Compensation: Curtains: $521.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $325.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rubbish Removal: $1,000.00 awarded to landlord; Water Rates: $484.80 awarded to landlord; Property Damage: $180.00 awarded to landlord

What type of tenancy dispute was case 4625669?

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

Where can I read the official tribunal order for case 4625669?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9535725-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4625669?

Cleaning: $580.00 awarded to landlord; Compensation: Carpet: $2,000.00 awarded to landlord; Compensation: Curtains: $521.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $325.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rubbish Removal: $1,000.00 awarded to landlord; Water Rates: $484.80 awarded to landlord; Property Damage: $180.00 awarded to landlord

What type of tenancy dispute was case 4625669?

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

Where can I read the official tribunal order for case 4625669?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9535725-Tenancy_Tribunal_Order.pdf.

152 William Jones Drive, Otangarei, Whangarei 0112 Tenancy Tribunal Case 4625669 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4625669?

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 4625669 — net $4,461.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$484.80	Water rates
Lawns and Garden work	$325.00	Lawns and Garden work
Rubbish removal	$1,000.00	Rubbish removal
Cleaning	$580.00	5. The amount claimed is proven.
Repairs: Holes in walls - repair and paint	$750.00	Repairs: Holes in walls - repair and paint
Compensation: Carpet	$2,000.00	Carpet
Window repairs: Broken glass pane in door	$180.00	Window repairs: Broken glass pane in door
Compensation: Curtains	$521.75	Curtains
Filing fee reimbursement	$20.44	38. I will award 20% of the new replacement cost quoted.
Net award	$4,461.99
Total payable by Tenant to Landlord	$4,461.99

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

Vicky Hotereni must pay Rentals.co.nz Limited t/as Rental Experts (as agent for Leather Family Trust) $4,461.99 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,400.00 (5172260-014) to Rentals.co.nz Limited immediately.

Reasons

Background

The tenancy began on 28 April 2017 and ended on 8 May 2023.

The landlord’s application seeks water rates, cleaning, rubbish removal awn mowing and repair costs.

The hearing took place in Whangarei on 11 October 2023. Both parties attended the hearing. Ms Inglis represented the landlord. Water

Water rates are owed for the period from 1 September 2022 to 17 March 2023 (per the Whangarei District Council invoice), and from 18 March to the end of the tenancy (based on a final meter read by the landlord).

The amount claimed is proven. Cleaning, rubbish removal, lawns

At the end of a tenancy tenants must leave the premises reasonably clean and tidy and remove all rubbish 1 .

Ms Inglis’ photographs show that the premises were not left in a reasonably clean and tidy condition at the end of the tenancy.

The lawns were very overgrown.

The tenant left a substantial amount of rubbish behind.

The owners carried out the cleaning, rubbish removal, and lawn mowing themselves. The owners are entitled to reasonable compensation for this work.

The claim seeks 14.5 hours of cleaning at $40 per hour. The amount of hours claimed is fair and reasonable having regard to Ms Inglis’ photographs. The hourly rate is in line with current market rates.

The claims seeks $1,378.10 for rubbish removal. The owners’ invoice states “to remove 4 x horse float loads of rubbish and dump”. The invoice does not breach down the labour and dumping costs and no supporting evidence was provided for the dumping costs.

The cost claimed for rubbish removal is sizeable having regards to the photographic evidence. In the absence of detail about the composition of the invoice I will award compensation of $1,000.00 for rubbish removal and disposal. 1 Section 40(1)(e)(iii) Residential Tenancies Act 1986

Lawn mowing took a long time due to the length of the lawns and the fact that there was rubbish entangled in the lawns. The amount claimed for lawn mowing is fair and reasonable. Damage

The claim seeks compensation for: a. Repairs to partially repaired holes in walls, and painting. b. Compensation for badly stained carpet in lounge. c. Re-glazing broken pane in door. a. Holes in walls

Ms Inglis’ photographs show numerous holes in walls throughout the property. The tenant has attempted to repair them, but the photographs clearly show that the repairs are not satisfactory, and the landlords’ claim for repair work and painting is justified.

The application sought compensation of $1,000.00 for this work.

The evidence provided to me includes an invoice from the owners for “repairs to doors, walls, door frames, and external walls. Paint finish”. The amount of the invoice is $3,307.48. The invoice is dated 14 June 2023, which is before this application was filed on 7 July 2023.

I must therefore assume that the invoice covers work beyond repair and painting of tenant damage, and that the claim for $1,000.00 represents an assessment of the scope of that work that the landlord considers the tenant is liable for.

The tenancy lasted for six years, and depreciation must be applied to the painting. The owners invoice provides a breakdown between labour and materials but no other detail about the work.

Again, in light of this limited information it is appropriate to take a cautious approach.

I will award compensation of $750.00 for repairs and painting. b. Carpet in lounge

Ms Inglis submitted that the carpets were laid shortly before the start of this tenancy.

Ms Hotereni did not dispute that the carpet in the lounge was heavily stained and needed to be replaced at the end of the tenancy.

The claim seeks compensation of $2,000.00.

I was not provided with any evidence of the cost of the carpet in 2017 or the cost of replacement in 2023.

Depreciation of approximately 35%-50% must be applied to the new replacement cost, having regard to the age of the carpet.

Having regard to the size of the lounge, I accept that $2,000.00 is a reasonable and conservative estimate of the cost of replacing the carpet less depreciation.

The claim is proven. c. Re-glaze broken pane

Ms Inglis’ photographs show a broken glass pane in the door.

The cost of re-glazing is proven. d. Curtains

All of the curtains were missing at the end of the tenancy.

Ms Hotereni submitted that she took down and disposed of the original curtains as they got old and wore out.

Ms Inglis provided a quote from Harvey Furnishings for $2,608.75 to supply and fit replacement curtains throughout the house.

The age of the curtains at the start of the tenancy is not known, and this tenancy lasted for six years. Curtains are limited lifespan chattels.

It is unfortunate that Ms Hoterini did not inform the landlord as the curtains wore out, and give the landlord the opportunity to replace them. By simply throwing them away she has exposed herself to liability.

However, significant depreciation must be applied to the new replacement costs having regard the age of the curtains.

I will award 20% of the new replacement cost quoted. Filing fee, bond

The landlord has been 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 4625669 — net $4,461.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$484.80	Water rates
Lawns and Garden work	$325.00	Lawns and Garden work
Rubbish removal	$1,000.00	Rubbish removal
Cleaning	$580.00	5. The amount claimed is proven.
Repairs: Holes in walls - repair and paint	$750.00	Repairs: Holes in walls - repair and paint
Compensation: Carpet	$2,000.00	Carpet
Window repairs: Broken glass pane in door	$180.00	Window repairs: Broken glass pane in door
Compensation: Curtains	$521.75	Curtains
Filing fee reimbursement	$20.44	38. I will award 20% of the new replacement cost quoted.
Net award	$4,461.99
Total payable by Tenant to Landlord	$4,461.99

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Vicky Hotereni must pay Rentals.co.nz Limited t/as Rental Experts (as agent for Leather Family Trust) $4,461.99 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,400.00 (5172260-014) to Rentals.co.nz Limited immediately.

Reasons

Background

The tenancy began on 28 April 2017 and ended on 8 May 2023.
The landlord’s application seeks water rates, cleaning, rubbish removal awn mowing and repair costs.
The hearing took place in Whangarei on 11 October 2023. Both parties attended the hearing. Ms Inglis represented the landlord. Water
Water rates are owed for the period from 1 September 2022 to 17 March 2023 (per the Whangarei District Council invoice), and from 18 March to the end of the tenancy (based on a final meter read by the landlord).
The amount claimed is proven. Cleaning, rubbish removal, lawns
At the end of a tenancy tenants must leave the premises reasonably clean and tidy and remove all rubbish 1 .
Ms Inglis’ photographs show that the premises were not left in a reasonably clean and tidy condition at the end of the tenancy.
The lawns were very overgrown.
The tenant left a substantial amount of rubbish behind.
The owners carried out the cleaning, rubbish removal, and lawn mowing themselves. The owners are entitled to reasonable compensation for this work.
The claim seeks 14.5 hours of cleaning at $40 per hour. The amount of hours claimed is fair and reasonable having regard to Ms Inglis’ photographs. The hourly rate is in line with current market rates.
The claims seeks $1,378.10 for rubbish removal. The owners’ invoice states “to remove 4 x horse float loads of rubbish and dump”. The invoice does not breach down the labour and dumping costs and no supporting evidence was provided for the dumping costs.
The cost claimed for rubbish removal is sizeable having regards to the photographic evidence. In the absence of detail about the composition of the invoice I will award compensation of $1,000.00 for rubbish removal and disposal. 1 Section 40(1)(e)(iii) Residential Tenancies Act 1986
Lawn mowing took a long time due to the length of the lawns and the fact that there was rubbish entangled in the lawns. The amount claimed for lawn mowing is fair and reasonable. Damage
The claim seeks compensation for: a. Repairs to partially repaired holes in walls, and painting. b. Compensation for badly stained carpet in lounge. c. Re-glazing broken pane in door. a. Holes in walls
Ms Inglis’ photographs show numerous holes in walls throughout the property. The tenant has attempted to repair them, but the photographs clearly show that the repairs are not satisfactory, and the landlords’ claim for repair work and painting is justified.
The application sought compensation of $1,000.00 for this work.
The evidence provided to me includes an invoice from the owners for “repairs to doors, walls, door frames, and external walls. Paint finish”. The amount of the invoice is $3,307.48. The invoice is dated 14 June 2023, which is before this application was filed on 7 July 2023.
I must therefore assume that the invoice covers work beyond repair and painting of tenant damage, and that the claim for $1,000.00 represents an assessment of the scope of that work that the landlord considers the tenant is liable for.
The tenancy lasted for six years, and depreciation must be applied to the painting. The owners invoice provides a breakdown between labour and materials but no other detail about the work.
Again, in light of this limited information it is appropriate to take a cautious approach.
I will award compensation of $750.00 for repairs and painting. b. Carpet in lounge
Ms Inglis submitted that the carpets were laid shortly before the start of this tenancy.
Ms Hotereni did not dispute that the carpet in the lounge was heavily stained and needed to be replaced at the end of the tenancy.
The claim seeks compensation of $2,000.00.
I was not provided with any evidence of the cost of the carpet in 2017 or the cost of replacement in 2023.
Depreciation of approximately 35%-50% must be applied to the new replacement cost, having regard to the age of the carpet.
Having regard to the size of the lounge, I accept that $2,000.00 is a reasonable and conservative estimate of the cost of replacing the carpet less depreciation.
The claim is proven. c. Re-glaze broken pane
Ms Inglis’ photographs show a broken glass pane in the door.
The cost of re-glazing is proven. d. Curtains
All of the curtains were missing at the end of the tenancy.
Ms Hotereni submitted that she took down and disposed of the original curtains as they got old and wore out.
Ms Inglis provided a quote from Harvey Furnishings for $2,608.75 to supply and fit replacement curtains throughout the house.
The age of the curtains at the start of the tenancy is not known, and this tenancy lasted for six years. Curtains are limited lifespan chattels.
It is unfortunate that Ms Hoterini did not inform the landlord as the curtains wore out, and give the landlord the opportunity to replace them. By simply throwing them away she has exposed herself to liability.
However, significant depreciation must be applied to the new replacement costs having regard the age of the curtains.
I will award 20% of the new replacement cost quoted. Filing fee, bond
The landlord has been 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 4625669 — Property damage at 152 William Jones Drive, Otangarei, Whangarei 0112

At a glance

Tenancy Tribunal case 4625669 — Property damage at 152 William Jones Drive, Otangarei, Whangarei 0112

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions