What was the outcome of Tenancy Tribunal case 4703013?

The tribunal order states: Kaela Berry must pay Jean Johnson Realty Limited t/as Century 21 (as agent

How much money was awarded in case 4703013?

Cleaning: $875.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,920.00 awarded to landlord; Rent Arrears: $768.57 awarded to landlord; Garage Door: $126.24 awarded to landlord; Holes In Walls: $1,418.41 awarded to landlord; Ranchslider Door: $390.62 awarded to landlord; Rubbish Removal: $608.00 awarded to landlord; Water Rates: $483.03 awarded to landlord

What type of tenancy dispute was case 4703013?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 4703013?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9754393-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4703013?

The tribunal order states: Kaela Berry must pay Jean Johnson Realty Limited t/as Century 21 (as agent

How much money was awarded in case 4703013?

Cleaning: $875.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,920.00 awarded to landlord; Rent Arrears: $768.57 awarded to landlord; Garage Door: $126.24 awarded to landlord; Holes In Walls: $1,418.41 awarded to landlord; Ranchslider Door: $390.62 awarded to landlord; Rubbish Removal: $608.00 awarded to landlord; Water Rates: $483.03 awarded to landlord

What type of tenancy dispute was case 4703013?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 4703013?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9754393-Tenancy_Tribunal_Order.pdf.

17 Tamure Place, Ruakaka 0116 Tenancy Tribunal Case 4703013 — Property damage

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17 Tamure Place, Ruakaka 0116 Tenancy Tribunal Case 4703013 — 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 4703013 — net $4,890.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$768.57	12. The landlord’s rent record establishes rent arrears of $768.57 to 23 June
Water rates	$483.03	Water rates
Cleaning	$875.00	15. The amount of water rates owed is proven.
Rubbish removal: Skip bin hire	$608.00	Rubbish removal: Skip bin hire
Repairs: Ranchslider door	$390.62	Repairs: Ranchslider door
Repairs: Garage door	$126.24	Repairs: Garage door
Repairs: Holes in walls	$1,418.41	Repairs: Holes in walls
Carpet replacement	$1,920.00	The claim for replacement of the carpet is fair and reasonable.
Filing fee reimbursement	$20.44	30. I think that the landlord could have claimed their actual cost of $2,200.00.
Net award	$4,890.31
Total payable by Tenant to Landlord	$4,890.31

Claims and awards for application 4703013 — net $4,890.31 NZD. Verify on MoJ.

Rent arrears

Amount: $768.57
Awarded to: Landlord
Reason: 12. The landlord’s rent record establishes rent arrears of $768.57 to 23 June

Water rates

Amount: $483.03
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $875.00
Awarded to: Landlord
Reason: 15. The amount of water rates owed is proven.

Rubbish removal: Skip bin hire

Amount: $608.00
Awarded to: Landlord
Reason: Rubbish removal: Skip bin hire

Repairs: Ranchslider door

Amount: $390.62
Awarded to: Landlord
Reason: Repairs: Ranchslider door

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Kaela Berry must pay Jean Johnson Realty Limited t/as Century 21 (as agent For Alan and Shiraz Smith) $4,890.31 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,720.00 (5307217-005) to Jean Johnson Realty Limited T/A: Century 21 immediately.

Reasons

Background

The tenancy ended on 26 June 2023.
The landlord’s application seeks rent arrears, water rates, cleaning, rubbish removal, and repair costs.
The hearing took place in Whangarei on 13 December 2023. Ms Cocurullo (representing the landlord) attended the hearing by phone with the consent of the Tribunal. There was no appearance by Ms Berry. Service
The application was filed more than two months after the end of the tenancy.
When an application is filed more than two months after the end of the tenancy, the tenant’s address for service is no longer valid.
Notice of hearing can only be served on the tenant by 1 : a. Personal service; or b. Posting it to a contact address that the tenant gave to the landlord not more than two months before the date of the application; or c. Delivering it to the place where the tenant now lives.
The notice of this hearing was not served on the tenant by one of those means.
The Tribunal has a discretion to direct an alternative means of service (known as “substituted service”), or to dispense with the requirement for service and proceed with the hearing, if the Tribunal is satisfied that “all reasonable efforts have been made to serve the notice on the party” 2 .
Ms Cocurullo submitted that: a. The delay in filing was due to the owners wanting to carry out the tidy up themselves. The owners are not based in Ruakaka and they did this work on the weekends. Because the property was left in a very bad state, the tidy up work took a long time. b. During the tenancy she routinely communicated with Ms Berry via her email address. Ms Berry responded to her emails. c. She has attempted to contact Ms Berry by phone many times since the end of the tenancy, but Ms Berry hung up on her. 1 Section 91A(2) Residential Tenancies Act (“RTA”) 2 Section 91B(1) RTA
I am satisfied that it is appropriate to exercise the Tribunal’s discretion to dispense with the requirement for service and to proceed with the hearing having regard to the following considerations: a. There is no reason to believe that Ms Berry did not receive notice of the hearing by email. b. Ms Berry has chosen not to engage with Century 21 since the end of the tenancy. c. The landlord has incurred significant costs and inconvenience and it would be unjust to delay proceedings. Rent and water
The tenant stopped paying rent in the last two weeks of the tenancy.
The landlord’s rent record establishes rent arrears of $768.57 to 23 June 2023.
Water rates are owed for the period from October 2021 to the end of the tenancy.
Tenants only pay for water that they consume 3 . Landlords pay fixed or ‘supply’ charges.
The amount of water rates owed is proven. Cleaning and rubbish removal
At the end of the tenancy tenants must remove all rubbish and leave the premises reasonably clean and tidy 4 .
Ms Cocurullo provided a copy of the final inspection report.
The premises were left in a very unclean and untidy state. The tenant left a substantial amount of rubbish behind.
The owners carried out the cleaning and rubbish removal themselves. The claim seeks labour, mileage, and skip bin hire costs.
The skip bin hire cost is proven.
The 25 hours of cleaning claimed is fair and reasonable having regard to Ms Cocurullo’s photographs. Owners can claim a reasonable market rate for their own work. A reasonable market rate for cleaning is $35/hr. 3 Section 39(3) RTA 4 Section 40(1)(e)(iii) RTA
I will not award mileage in addition to the labour cost. All parties must mitigate their loss. Landlords can do the work themselves, but the tenant should not pay more if the work could have been done at less cost by a local contractor. Repairs
Tenants are liable for damage that they carelessly or intentionally cause, or that is carelessly or intentionally caused by anyone who is at the premises with their consent 5 .
The landlord’s evidence establishes damage to the premises during the tenancy including: a. Damage to the ranchslider door. b. Damage to the garage door locking mechanism. c. Multiple holes in walls. d. Heavily stained carpet throughout the house.
The cost of repairs to the ranchslider door and the garage locking mechanism is proven.
Most of the holes seem to have been caused by door handles. The doors have door stoppers. The damage is beyond fair wear. The cost of repairs is proven.
The carpet was new at the beginning of the tenancy. Ms Cocurullo’s photographs show that the carpet was very badly stained at the end of the tenancy. The claim for replacement of the carpet is fair and reasonable.
The owners made an insurance claim for carpet replacement. The insurers accepted a claim, but applied a policy excess ($550) per room. The total cost of excesses was $2,200.00.
The landlord’s claim is $1,980.00, which is the equivalent of four weeks’ rent. This is a tenant’s maximum liability for careless damage 6 , but it is a maximum that applies per incidence of damage.
I think that the landlord could have claimed their actual cost of $2,200.00. I will award the amount claimed. Filing fee, bond
The landlord has been successful in this application, and I must also award the landlord the filing fee of $20.44. 5 Section 49B(1) and (2) RTA 6 Section 49B(3)(b)(ii) RTA
The amount awarded to the landlord exceeds the amount of the bond.
The bond will be released to the landlord.

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 4703013 — net $4,890.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$768.57	12. The landlord’s rent record establishes rent arrears of $768.57 to 23 June
Water rates	$483.03	Water rates
Cleaning	$875.00	15. The amount of water rates owed is proven.
Rubbish removal: Skip bin hire	$608.00	Rubbish removal: Skip bin hire
Repairs: Ranchslider door	$390.62	Repairs: Ranchslider door
Repairs: Garage door	$126.24	Repairs: Garage door
Repairs: Holes in walls	$1,418.41	Repairs: Holes in walls
Carpet replacement	$1,920.00	The claim for replacement of the carpet is fair and reasonable.
Filing fee reimbursement	$20.44	30. I think that the landlord could have claimed their actual cost of $2,200.00.
Net award	$4,890.31
Total payable by Tenant to Landlord	$4,890.31

Claims and awards for application 4703013 — net $4,890.31 NZD. Verify on MoJ.

Rent arrears

Amount: $768.57
Awarded to: Landlord
Reason: 12. The landlord’s rent record establishes rent arrears of $768.57 to 23 June

Water rates

Amount: $483.03
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $875.00
Awarded to: Landlord
Reason: 15. The amount of water rates owed is proven.

Rubbish removal: Skip bin hire

Amount: $608.00
Awarded to: Landlord
Reason: Rubbish removal: Skip bin hire

Repairs: Ranchslider door

Amount: $390.62
Awarded to: Landlord
Reason: Repairs: Ranchslider door

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Kaela Berry must pay Jean Johnson Realty Limited t/as Century 21 (as agent For Alan and Shiraz Smith) $4,890.31 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,720.00 (5307217-005) to Jean Johnson Realty Limited T/A: Century 21 immediately.

Reasons

Background

The tenancy ended on 26 June 2023.
The landlord’s application seeks rent arrears, water rates, cleaning, rubbish removal, and repair costs.
The hearing took place in Whangarei on 13 December 2023. Ms Cocurullo (representing the landlord) attended the hearing by phone with the consent of the Tribunal. There was no appearance by Ms Berry. Service
The application was filed more than two months after the end of the tenancy.
When an application is filed more than two months after the end of the tenancy, the tenant’s address for service is no longer valid.
Notice of hearing can only be served on the tenant by 1 : a. Personal service; or b. Posting it to a contact address that the tenant gave to the landlord not more than two months before the date of the application; or c. Delivering it to the place where the tenant now lives.
The notice of this hearing was not served on the tenant by one of those means.
The Tribunal has a discretion to direct an alternative means of service (known as “substituted service”), or to dispense with the requirement for service and proceed with the hearing, if the Tribunal is satisfied that “all reasonable efforts have been made to serve the notice on the party” 2 .
Ms Cocurullo submitted that: a. The delay in filing was due to the owners wanting to carry out the tidy up themselves. The owners are not based in Ruakaka and they did this work on the weekends. Because the property was left in a very bad state, the tidy up work took a long time. b. During the tenancy she routinely communicated with Ms Berry via her email address. Ms Berry responded to her emails. c. She has attempted to contact Ms Berry by phone many times since the end of the tenancy, but Ms Berry hung up on her. 1 Section 91A(2) Residential Tenancies Act (“RTA”) 2 Section 91B(1) RTA
I am satisfied that it is appropriate to exercise the Tribunal’s discretion to dispense with the requirement for service and to proceed with the hearing having regard to the following considerations: a. There is no reason to believe that Ms Berry did not receive notice of the hearing by email. b. Ms Berry has chosen not to engage with Century 21 since the end of the tenancy. c. The landlord has incurred significant costs and inconvenience and it would be unjust to delay proceedings. Rent and water
The tenant stopped paying rent in the last two weeks of the tenancy.
The landlord’s rent record establishes rent arrears of $768.57 to 23 June 2023.
Water rates are owed for the period from October 2021 to the end of the tenancy.
Tenants only pay for water that they consume 3 . Landlords pay fixed or ‘supply’ charges.
The amount of water rates owed is proven. Cleaning and rubbish removal
At the end of the tenancy tenants must remove all rubbish and leave the premises reasonably clean and tidy 4 .
Ms Cocurullo provided a copy of the final inspection report.
The premises were left in a very unclean and untidy state. The tenant left a substantial amount of rubbish behind.
The owners carried out the cleaning and rubbish removal themselves. The claim seeks labour, mileage, and skip bin hire costs.
The skip bin hire cost is proven.
The 25 hours of cleaning claimed is fair and reasonable having regard to Ms Cocurullo’s photographs. Owners can claim a reasonable market rate for their own work. A reasonable market rate for cleaning is $35/hr. 3 Section 39(3) RTA 4 Section 40(1)(e)(iii) RTA
I will not award mileage in addition to the labour cost. All parties must mitigate their loss. Landlords can do the work themselves, but the tenant should not pay more if the work could have been done at less cost by a local contractor. Repairs
Tenants are liable for damage that they carelessly or intentionally cause, or that is carelessly or intentionally caused by anyone who is at the premises with their consent 5 .
The landlord’s evidence establishes damage to the premises during the tenancy including: a. Damage to the ranchslider door. b. Damage to the garage door locking mechanism. c. Multiple holes in walls. d. Heavily stained carpet throughout the house.
The cost of repairs to the ranchslider door and the garage locking mechanism is proven.
Most of the holes seem to have been caused by door handles. The doors have door stoppers. The damage is beyond fair wear. The cost of repairs is proven.
The carpet was new at the beginning of the tenancy. Ms Cocurullo’s photographs show that the carpet was very badly stained at the end of the tenancy. The claim for replacement of the carpet is fair and reasonable.
The owners made an insurance claim for carpet replacement. The insurers accepted a claim, but applied a policy excess ($550) per room. The total cost of excesses was $2,200.00.
The landlord’s claim is $1,980.00, which is the equivalent of four weeks’ rent. This is a tenant’s maximum liability for careless damage 6 , but it is a maximum that applies per incidence of damage.
I think that the landlord could have claimed their actual cost of $2,200.00. I will award the amount claimed. Filing fee, bond
The landlord has been successful in this application, and I must also award the landlord the filing fee of $20.44. 5 Section 49B(1) and (2) RTA 6 Section 49B(3)(b)(ii) RTA
The amount awarded to the landlord exceeds the amount of the bond.
The bond will be released to the landlord.

Tenancy Tribunal case 4703013 — Property damage at 17 Tamure Place, Ruakaka 0116

At a glance

Tenancy Tribunal case 4703013 — Property damage at 17 Tamure Place, Ruakaka 0116

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