What was the outcome of Tenancy Tribunal case 4627611?

The tribunal order states: This Order supersedes the Order made on 16 May 2023 in application

How much money was awarded in case 4627611?

Cleaning: $253.00 awarded to landlord; Cleaning: $168.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $32.05 awarded to landlord; Previous Order Application 4543970 D…: $1,232.74 awarded to landlord; Property Damage: $488.75 awarded to landlord; Property Damage: $25.00 awarded to landlord; Property Damage: $210.00 awarded to landlord; Property Damage: $195.14 awarded to landlord; Property Damage: $140.00 awarded to landlord; Property Damage: $120.00 awarded to landlord; Property Damage: $245.00 awarded to landlord; Rent 17.5.23 To 29.5.23: $984.29 awarded to landlord; Water Rates: $180.87 awarded to landlord

What type of tenancy dispute was case 4627611?

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

Where can I read the official tribunal order for case 4627611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10052259-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4627611?

The tribunal order states: This Order supersedes the Order made on 16 May 2023 in application

How much money was awarded in case 4627611?

Cleaning: $253.00 awarded to landlord; Cleaning: $168.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $32.05 awarded to landlord; Previous Order Application 4543970 D…: $1,232.74 awarded to landlord; Property Damage: $488.75 awarded to landlord; Property Damage: $25.00 awarded to landlord; Property Damage: $210.00 awarded to landlord; Property Damage: $195.14 awarded to landlord; Property Damage: $140.00 awarded to landlord; Property Damage: $120.00 awarded to landlord; Property Damage: $245.00 awarded to landlord; Rent 17.5.23 To 29.5.23: $984.29 awarded to landlord; Water Rates: $180.87 awarded to landlord

What type of tenancy dispute was case 4627611?

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

Where can I read the official tribunal order for case 4627611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10052259-Tenancy_Tribunal_Order.pdf.

53A Newington Road, Henderson, Auckland 0612 Tenancy Tribunal Case 4627611 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4627611 — net $4,295.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent 17.5.23 to 29.5.23	$984.29	Rent 17.5.23 to 29.5.23
Previous order application 4543970 dated 16/05/2023	$1,232.74	Previous order application 4543970 dated 16/05/2023
Water rates	$180.87	Water rates
Heat pump repair	$488.75	Heat pump repair
Curtain rod repair	$25.00	Curtain rod repair
Wall repairs	$210.00	Wall repairs
Kitchen bench repair	$195.14	Kitchen bench repair
Door repair/ replacement	$140.00	Door repair/ replacement
Carpet repairs	$120.00	Carpet repairs
Cleaning: including curtain cleaning	$168.00	Cleaning: including curtain cleaning
Lock/key replacement	$245.00	Lock/key replacement
Carpet Cleaning	$253.00	Carpet Cleaning
Lawns and Garden work	$32.05	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,295.28
Total payable by Tenant to Landlord	$4,295.28

The landlord attended the hearing. The tenant did not attend.

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

How much is owed for rent and water rates?

The tenancy ended on 29 May 2023 by Order of the Tribunal dated 16 May 2023 (application 4543970).

That Order determined the rent owing to 16 May 2023 and directed that the bond be paid to the landlord, leaving a balance owing of $1,232.74. In addition, rent is owed from 17 May 2023 to 29 May 2023. The landlord has provided rent records showing that no rent has been paid since the May Order was made.

The landlord provided 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.

Photographs provided by the landlord from the end of tenancy inspection show that while the tenant made an effort to leave the premises in reasonable condition, in some respects the premises were not left reasonably clean and tidy. Some ceiling areas in particular were covered with fly spots. Carpets and curtains were stained and were left with odours from a dog housed at the premises, contrary to the terms of the agreement. There was dog faeces on the grounds.

The cleaning work was mostly done by the owners and I am satisfied that the compensations sums claimed are reasonable. The carpets were professionally cleaned and the compensation claimed is proved by the invoice provided.

The tenant did not return the keys. The landlord is entitled to compensation for the rekeying costs which are proved by the invoice provided.

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 landlord has insurance cover for the property but not landlord’s cover. No claim has been made and given the ongoing nature of the damage, claims for multiple events, each attracting an excess payment, would be required. I am satisfied those excess payments would in any event have exceeded the compensation claimed.

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.

During the tenancy there was ongoing damage caused to the premises by a person living at the premises with the tenant’s consent. The damage included: -multiple holes in walls that the tenant had for the most part attempted to plaster over, but which required finished and painting -damage to the kitchen bench -damage to the carpet from solidified plaster, requiring that the carpet be patched -damage to the heat pump -two broken doors that needed to be replaced.

Again, for the most part the repair work was undertaken by the owners, which has largely mitigated the cost of that repair work to the tenant. Professional assistance was required to repair the heat pump and the compensation claimed is proved by the trades’ invoice.

Because the landlord has succeeded with the claims I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4627611 — net $4,295.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent 17.5.23 to 29.5.23	$984.29	Rent 17.5.23 to 29.5.23
Previous order application 4543970 dated 16/05/2023	$1,232.74	Previous order application 4543970 dated 16/05/2023
Water rates	$180.87	Water rates
Heat pump repair	$488.75	Heat pump repair
Curtain rod repair	$25.00	Curtain rod repair
Wall repairs	$210.00	Wall repairs
Kitchen bench repair	$195.14	Kitchen bench repair
Door repair/ replacement	$140.00	Door repair/ replacement
Carpet repairs	$120.00	Carpet repairs
Cleaning: including curtain cleaning	$168.00	Cleaning: including curtain cleaning
Lock/key replacement	$245.00	Lock/key replacement
Carpet Cleaning	$253.00	Carpet Cleaning
Lawns and Garden work	$32.05	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,295.28
Total payable by Tenant to Landlord	$4,295.28

Order

This Order supersedes the Order made on 16 May 2023 in application 4543970.
Hana-Lee Redpath must pay Rent People Limited as Agent for Colin & Nicola Edie $4,295.28 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 29 May 2023 by Order of the Tribunal dated 16 May 2023 (application 4543970).
That Order determined the rent owing to 16 May 2023 and directed that the bond be paid to the landlord, leaving a balance owing of $1,232.74. In addition, rent is owed from 17 May 2023 to 29 May 2023. The landlord has provided rent records showing that no rent has been paid since the May Order was made.
The landlord provided 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.
Photographs provided by the landlord from the end of tenancy inspection show that while the tenant made an effort to leave the premises in reasonable condition, in some respects the premises were not left reasonably clean and tidy. Some ceiling areas in particular were covered with fly spots. Carpets and curtains were stained and were left with odours from a dog housed at the premises, contrary to the terms of the agreement. There was dog faeces on the grounds.
The cleaning work was mostly done by the owners and I am satisfied that the compensations sums claimed are reasonable. The carpets were professionally cleaned and the compensation claimed is proved by the invoice provided.
The tenant did not return the keys. The landlord is entitled to compensation for the rekeying costs which are proved by the invoice provided.

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 landlord has insurance cover for the property but not landlord’s cover. No claim has been made and given the ongoing nature of the damage, claims for multiple events, each attracting an excess payment, would be required. I am satisfied those excess payments would in any event have exceeded the compensation claimed.
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.
During the tenancy there was ongoing damage caused to the premises by a person living at the premises with the tenant’s consent. The damage included: -multiple holes in walls that the tenant had for the most part attempted to plaster over, but which required finished and painting -damage to the kitchen bench -damage to the carpet from solidified plaster, requiring that the carpet be patched -damage to the heat pump -two broken doors that needed to be replaced.
Again, for the most part the repair work was undertaken by the owners, which has largely mitigated the cost of that repair work to the tenant. Professional assistance was required to repair the heat pump and the compensation claimed is proved by the trades’ invoice.
Because the landlord has succeeded with the claims I must reimburse the filing fee.

Tenancy Tribunal case 4627611 — Property damage at 53A Newington Road, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 4627611 — Property damage at 53A Newington Road, Henderson, Auckland 0612

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