What was the outcome of Tenancy Tribunal case 4652130?

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

How much money was awarded in case 4652130?

Filing Fee: $20.44 awarded to landlord; Property Damage: $805.00 awarded to landlord; Water Rates: $183.12 awarded to landlord

What type of tenancy dispute was case 4652130?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4652130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9477756-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4652130?

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

How much money was awarded in case 4652130?

Filing Fee: $20.44 awarded to landlord; Property Damage: $805.00 awarded to landlord; Water Rates: $183.12 awarded to landlord

What type of tenancy dispute was case 4652130?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4652130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9477756-Tenancy_Tribunal_Order.pdf.

1 Ribbonwood Close, Te Kauwhata, Te Kauwhata 3710 Tenancy Tribunal Case 4652130 — Property damage

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1 Ribbonwood Close, Te Kauwhata, Te Kauwhata 3710 Tenancy Tribunal Case 4652130 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4652130 — net $858.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$183.12		Water rates
Repairs	$805.00		Repairs
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond credit		$150.00	Bond credit
Total award	$1,008.56	$150.00
Net award	$858.56
Total payable by Tenant to Landlord	$858.56

Claims and awards for application 4652130 — net $858.56 NZD. Verify on MoJ.

Water rates

Amount: $183.12
Awarded to: Landlord
Reason: Water rates

Repairs

Amount: $805.00
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Bond credit

Amount: $150.00
Awarded to: Tenant
Reason: Bond credit

Total award

Landlord $1,008.56 · Tenant $150.00

Net award

Landlord $858.56

Total payable by Tenant to Landlord

Landlord $858.56

Claim types — money lines allowed on this order

Filing Fee Property damage Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Jaymie Mercedes Ziesler and Brendan Dean must pay Baseden Property Management Limited As Agent For Sprout Investments Limited $858.56 immediately, calculated as shown in table below.

Reasons

A representative for the landlord attended the hearing by telephone today. The tenants did not come to the hearing. I tried phoning both of their numbers but there was no answer. I continued the hearing in their absence as they have been sent notice of the hearing.
The landlord has applied for payment of water rates and compensation for end of tenancy costs.
The tenancy ended on 23 June 2023. The bond of $2,200.00 covered rent owing and left a credit of $150.00.
The water rates invoice read to 6 March 2023 was provided and is for $183.12. I award this amount.
The landlord claims cleaning costs of $256.41. A tenant is required to leave premises “reasonably clean and tidy”; section 40(1)(e)(iv) Residential Tenancies Act 1986 (RTA). The landlord says there were a few areas missed (skirting boards, dusty power points, ceiling spots).
In my view, the tenants did leave the premises reasonably clean and tidy. If the landlord wants to clean every area to a higher standard, they are entitled to do so, but that it is at a landlord cost. I dismiss this claim. Claim for repairs to two walls
The law for damage claims to tenancy premises works like this: a. A landlord must first prove that any damage occurred during the tenancy and is more than fair wear and tear. b. If this is proved, 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. c. Where damage is careless, the tenant's liability is limited to the lesser of any applicable insurance excess or four weeks' rent. Section 49B(3)(a) RTA.
The landlord’s photographs prove the below damage during the tenancy that is more than wear and tear:- a. a child’s scribble on one wall in the lounge (that could not be cleaned off), b. a small patch (tenant repair) on another wall in the same room, c. four or five small patches on one area of wall in the master bedroom (tenant repairs).
The landlord obtained two quotes to smoothly repair and repaint the above areas. The work has not yet been done but the landlord says that it will be if the compensation is awarded. I do award the claim on this occasion. The cheapest quote is for $700+GST which is $805.00.
The landlord says that there were two or three small holes in the lawn which it assumes were dug by the tenants’ dog. It says it paid a contractor to fill these. There was no receipt or invoice, so I do not award this claim.
The landlord has substantially succeeded with the claim, so I award the filing fee.
The balance owing is $858.56. The tenants may avoid further costs by contacting the landlord with a repayment plan.
No suppression orders are sought.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4652130 — net $858.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$183.12		Water rates
Repairs	$805.00		Repairs
Filing fee reimbursement	$20.44		Filing fee reimbursement
Bond credit		$150.00	Bond credit
Total award	$1,008.56	$150.00
Net award	$858.56
Total payable by Tenant to Landlord	$858.56

Claims and awards for application 4652130 — net $858.56 NZD. Verify on MoJ.

Water rates

Amount: $183.12
Awarded to: Landlord
Reason: Water rates

Repairs

Amount: $805.00
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Bond credit

Amount: $150.00
Awarded to: Tenant
Reason: Bond credit

Total award

Landlord $1,008.56 · Tenant $150.00

Net award

Landlord $858.56

Total payable by Tenant to Landlord

Landlord $858.56

Claim types — money lines allowed on this order

Filing Fee Property damage Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Jaymie Mercedes Ziesler and Brendan Dean must pay Baseden Property Management Limited As Agent For Sprout Investments Limited $858.56 immediately, calculated as shown in table below.

Reasons

A representative for the landlord attended the hearing by telephone today. The tenants did not come to the hearing. I tried phoning both of their numbers but there was no answer. I continued the hearing in their absence as they have been sent notice of the hearing.
The landlord has applied for payment of water rates and compensation for end of tenancy costs.
The tenancy ended on 23 June 2023. The bond of $2,200.00 covered rent owing and left a credit of $150.00.
The water rates invoice read to 6 March 2023 was provided and is for $183.12. I award this amount.
The landlord claims cleaning costs of $256.41. A tenant is required to leave premises “reasonably clean and tidy”; section 40(1)(e)(iv) Residential Tenancies Act 1986 (RTA). The landlord says there were a few areas missed (skirting boards, dusty power points, ceiling spots).
In my view, the tenants did leave the premises reasonably clean and tidy. If the landlord wants to clean every area to a higher standard, they are entitled to do so, but that it is at a landlord cost. I dismiss this claim. Claim for repairs to two walls
The law for damage claims to tenancy premises works like this: a. A landlord must first prove that any damage occurred during the tenancy and is more than fair wear and tear. b. If this is proved, 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. c. Where damage is careless, the tenant's liability is limited to the lesser of any applicable insurance excess or four weeks' rent. Section 49B(3)(a) RTA.
The landlord’s photographs prove the below damage during the tenancy that is more than wear and tear:- a. a child’s scribble on one wall in the lounge (that could not be cleaned off), b. a small patch (tenant repair) on another wall in the same room, c. four or five small patches on one area of wall in the master bedroom (tenant repairs).
The landlord obtained two quotes to smoothly repair and repaint the above areas. The work has not yet been done but the landlord says that it will be if the compensation is awarded. I do award the claim on this occasion. The cheapest quote is for $700+GST which is $805.00.
The landlord says that there were two or three small holes in the lawn which it assumes were dug by the tenants’ dog. It says it paid a contractor to fill these. There was no receipt or invoice, so I do not award this claim.
The landlord has substantially succeeded with the claim, so I award the filing fee.
The balance owing is $858.56. The tenants may avoid further costs by contacting the landlord with a repayment plan.
No suppression orders are sought.

Tenancy Tribunal case 4652130 — Property damage at 1 Ribbonwood Close, Te Kauwhata, Te Kauwhata 3710

At a glance

Tenancy Tribunal case 4652130 — Property damage at 1 Ribbonwood Close, Te Kauwhata, Te Kauwhata 3710

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