What was the outcome of Tenancy Tribunal case 4665488?

The tribunal order states: Jessica Gunson must pay Seth Gleeson and Joanna Frances Gleeson

How much money was awarded in case 4665488?

Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Painting: $1,500.00 awarded to landlord; To Cupboards, Doors, Cabinetry: $1,518.00 awarded to landlord

What type of tenancy dispute was case 4665488?

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

Where can I read the official tribunal order for case 4665488?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10538962-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4665488?

The tribunal order states: Jessica Gunson must pay Seth Gleeson and Joanna Frances Gleeson

How much money was awarded in case 4665488?

Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Painting: $1,500.00 awarded to landlord; To Cupboards, Doors, Cabinetry: $1,518.00 awarded to landlord

What type of tenancy dispute was case 4665488?

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

Where can I read the official tribunal order for case 4665488?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10538962-Tribunal_Order.pdf.

3 Adriatic Avenue, Henderson, Auckland 0612 Tenancy Tribunal Case 4665488 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4665488 — net $3,688.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Painting	$1,500.00	Repairs: Painting
Repairs: to cupboards, doors, cabinetry	$1,518.00	Repairs: to cupboards, doors, cabinetry
Cleaning: Hardware and fittings	$450.00	Cleaning: Hardware and fittings
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lawns and garden work	$200.00	Lawns and garden work
Net award	$3,688.44
Total payable by Tenant to Landlord	$3,688.44

The landlord attended the hearing, the tenant did not. Because I am satisfied the tenant was served notice of the hearing in accordance with the Residential Tenancies Act, 1986, the hearing was conducted in the tenant’s absence.

The landlord has applied for compensation and reimbursement of the filing fee 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.

The landlord claims property was left damaged and very dirty at the end of the tenancy. The landlord provided photographs in support of their claims and an invoice from Eagle Eye cleaning for $957.00.

I believe the amount claimed for cleaning exceeds what was needed to return the premises to a reasonably clean and tidy state, and I award a reduced amount because of this.

The landlord claimed that the lawns were waist high at the end of the tenancy, and that they spent $700.00 returning the gardens to the condition they had been in at the beginning of the tenancy.

The landlord claims that many expenses including the broken oven door have not been claimed for.

The amounts ordered are proved.

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.

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 landlord produced photographs that show kitchen, bathroom and laundry cabinetry and fittings broken, damaged and removed, and a door with a hole in it. The landlords claim that most doors needed replacing and the whole house which had been freshly refurbished a year before this tenancy began, needed repainting.

From what I can see in the photographs, a lot of the marking on the walls is fair wear and tear. The amount awarded for painting is significantly reduced from the invoice provided for $7,820.00.

Invoices were provided in support of all the claims.

The amounts awarded are 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.

Because Seth Gleeson, Joanna Frances Gleeson have substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4665488 — net $3,688.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Painting	$1,500.00	Repairs: Painting
Repairs: to cupboards, doors, cabinetry	$1,518.00	Repairs: to cupboards, doors, cabinetry
Cleaning: Hardware and fittings	$450.00	Cleaning: Hardware and fittings
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lawns and garden work	$200.00	Lawns and garden work
Net award	$3,688.44
Total payable by Tenant to Landlord	$3,688.44

Order

Jessica Gunson must pay Seth Gleeson and Joanna Frances Gleeson $3,688.44 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, the tenant did not. Because I am satisfied the tenant was served notice of the hearing in accordance with the Residential Tenancies Act, 1986, the hearing was conducted in the tenant’s absence.
The landlord has applied for compensation and reimbursement of the filing fee 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.
The landlord claims property was left damaged and very dirty at the end of the tenancy. The landlord provided photographs in support of their claims and an invoice from Eagle Eye cleaning for $957.00.
I believe the amount claimed for cleaning exceeds what was needed to return the premises to a reasonably clean and tidy state, and I award a reduced amount because of this.
The landlord claimed that the lawns were waist high at the end of the tenancy, and that they spent $700.00 returning the gardens to the condition they had been in at the beginning of the tenancy.
The landlord claims that many expenses including the broken oven door have not been claimed for.
The amounts ordered are proved.

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.
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 landlord produced photographs that show kitchen, bathroom and laundry cabinetry and fittings broken, damaged and removed, and a door with a hole in it. The landlords claim that most doors needed replacing and the whole house which had been freshly refurbished a year before this tenancy began, needed repainting.
From what I can see in the photographs, a lot of the marking on the walls is fair wear and tear. The amount awarded for painting is significantly reduced from the invoice provided for $7,820.00.
Invoices were provided in support of all the claims.
The amounts awarded are 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.
Because Seth Gleeson, Joanna Frances Gleeson have substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4665488 — Property damage at 3 Adriatic Avenue, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 4665488 — Property damage at 3 Adriatic Avenue, Henderson, Auckland 0612

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?

Topics & place

Residential Tenancies Act sections

Key findings

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions