What was the outcome of Tenancy Tribunal case 4750991?

The tribunal order states: Irone Broughton and Jamie Cooper must pay Reforma Limited $4,708.38

How much money was awarded in case 4750991?

Bailiff Fee: $200.00 awarded to landlord; Cleaning: $600.00 awarded to landlord; Lawns and Garden Work: $365.00 awarded to landlord; Property Damage: $512.90 awarded to landlord; Property Damage: $208.10 awarded to landlord; Stove Top: $91.89 awarded to landlord; Walls: $1,806.40 awarded to landlord; Rubbish Removal: $834.18 awarded to landlord; Water Charges To End Of Tenancy: $89.91 awarded to landlord

What type of tenancy dispute was case 4750991?

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

Where can I read the official tribunal order for case 4750991?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10046045-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4750991?

The tribunal order states: Irone Broughton and Jamie Cooper must pay Reforma Limited $4,708.38

How much money was awarded in case 4750991?

Bailiff Fee: $200.00 awarded to landlord; Cleaning: $600.00 awarded to landlord; Lawns and Garden Work: $365.00 awarded to landlord; Property Damage: $512.90 awarded to landlord; Property Damage: $208.10 awarded to landlord; Stove Top: $91.89 awarded to landlord; Walls: $1,806.40 awarded to landlord; Rubbish Removal: $834.18 awarded to landlord; Water Charges To End Of Tenancy: $89.91 awarded to landlord

What type of tenancy dispute was case 4750991?

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

Where can I read the official tribunal order for case 4750991?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10046045-Tenancy_Tribunal_Order.pdf.

16 Rata Street, Waiuku, Waiuku 2123 Tenancy Tribunal Case 4750991 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4750991 — net $4,708.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water charges to end of tenancy	$89.91	Water charges to end of tenancy
Cleaning	$600.00	Cleaning
Rubbish removal	$834.18	Rubbish removal
Lock/key replacement	$512.90	Lock/key replacement
Bailiff fee	$200.00	Bailiff fee
Lawns and Garden work	$365.00	Lawns and Garden work
Window repairs	$208.10	Window repairs
Repairs: stove top	$91.89	Repairs: stove top
Repairs: walls	$1,806.40	Repairs: walls
Net award	$4,708.38
Total payable by Tenant to Landlord	$4,708.38

The landlord attended the hearing today.

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

There is no remaining bond. A claim for benchtop repairs ($3,716.10) was withdrawn at the hearing.

How much is owed for water?

The tenancy ended on 11 October 2023 pursuant to an order of the Tribunal. The order was enforced by the bailiff on 24 October 2023.

The landlord provided water invoices which prove the amount owing at the end of the tenancy after deduction of a credit of $195.90 against the water account.

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.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The oven and kitchen cupboards needed cleaning and there were marks on the walls and fly dirt. The bathroom had mould on the ceilings and walls and the carpets needed vacuuming. I award $600.00 for cleaning as claimed.

Belongings were left behind inside the house and outside. The belongings inside the house had to be moved to the storeroom while the landlord tried unsuccessfully to contact the tenant ($310.35). Subsequently these items were removed from site and disposed of ($230.00). The external rubbish was disposed of ($293.83). I find the amounts claimed to be reasonable.

The tenant did not return the keys. After the landlord obtained possession, it was discovered the tenants had changed the internal locks. Both the outside locks ($362.50) and internal locks ($150.40) had to be changed to fully secure the property.

The landlord had to enforce the Tribunal’s decision terminating the tenancy and incurred a fee ($200.00).

The garden was overgrown at the end of the tenancy ($365.00).

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.

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 4 weeks' rent for each act or omission. The insurance excess was $1,000.00. The weekly rent was $590.00.

A window was broken during the tenancy ($208.10). The edge of the glass hob had been chipped and had to be glued back in place (labour of $69.00 and materials of $22.89, totalling $91.89).

The estimate for painting stated that there were small holes, marks, and pin holes on 2 walls in the lounge, 2 walls in the dining room, 1 wall in the main entrance, 1 wall in the hallway, 3 walls in bedroom 3 and all the walls in bedrooms 1 and 2.

There are several areas where the walls have been gouged and scraped. These areas are more visible in the second exit inspection report dated 6 November 2023. There was a gouge in the wall of bedroom 1, a few chip marks to two walls of bedroom 3, numerous nail holes to the walls in bedroom 2 and scrape marks on at least one other wall. There was a deep gouge in the hallway wall. Several walls in the lounge had holes and scrapes, and there was damage to the skirting boards.

The nature of the damage is relatively minor, but it is extensive. I am satisfied that the damage is more than fair wear and tear and the tenant has not disproved liability for the damage. I award painting costs as claimed. The amount awarded is less than the insurance excess on the basis that the damage to each room would attract the $1,000.00 excess. The walls were painted just before the tenancy began in September 2022. I therefore make no allowance for depreciation. Filing fee

The landlord’s application has been successful. I award the filing fee.

Claims and awards in Tenancy Tribunal application 4750991 — net $4,708.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water charges to end of tenancy	$89.91	Water charges to end of tenancy
Cleaning	$600.00	Cleaning
Rubbish removal	$834.18	Rubbish removal
Lock/key replacement	$512.90	Lock/key replacement
Bailiff fee	$200.00	Bailiff fee
Lawns and Garden work	$365.00	Lawns and Garden work
Window repairs	$208.10	Window repairs
Repairs: stove top	$91.89	Repairs: stove top
Repairs: walls	$1,806.40	Repairs: walls
Net award	$4,708.38
Total payable by Tenant to Landlord	$4,708.38

Order

Irone Broughton and Jamie Cooper must pay Reforma Limited $4,708.38 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for outgoings, compensation, and reimbursement of the filing fee following the end of the tenancy.
There is no remaining bond. A claim for benchtop repairs ($3,716.10) was withdrawn at the hearing.

How much is owed for water?

The tenancy ended on 11 October 2023 pursuant to an order of the Tribunal. The order was enforced by the bailiff on 24 October 2023.
The landlord provided water invoices which prove the amount owing at the end of the tenancy after deduction of a credit of $195.90 against the water account.

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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The oven and kitchen cupboards needed cleaning and there were marks on the walls and fly dirt. The bathroom had mould on the ceilings and walls and the carpets needed vacuuming. I award $600.00 for cleaning as claimed.
Belongings were left behind inside the house and outside. The belongings inside the house had to be moved to the storeroom while the landlord tried unsuccessfully to contact the tenant ($310.35). Subsequently these items were removed from site and disposed of ($230.00). The external rubbish was disposed of ($293.83). I find the amounts claimed to be reasonable.
The tenant did not return the keys. After the landlord obtained possession, it was discovered the tenants had changed the internal locks. Both the outside locks ($362.50) and internal locks ($150.40) had to be changed to fully secure the property.
The landlord had to enforce the Tribunal’s decision terminating the tenancy and incurred a fee ($200.00).
The garden was overgrown at the end of the tenancy ($365.00).

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.
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 4 weeks' rent for each act or omission. The insurance excess was $1,000.00. The weekly rent was $590.00.
A window was broken during the tenancy ($208.10). The edge of the glass hob had been chipped and had to be glued back in place (labour of $69.00 and materials of $22.89, totalling $91.89).
The estimate for painting stated that there were small holes, marks, and pin holes on 2 walls in the lounge, 2 walls in the dining room, 1 wall in the main entrance, 1 wall in the hallway, 3 walls in bedroom 3 and all the walls in bedrooms 1 and 2.
There are several areas where the walls have been gouged and scraped. These areas are more visible in the second exit inspection report dated 6 November 2023. There was a gouge in the wall of bedroom 1, a few chip marks to two walls of bedroom 3, numerous nail holes to the walls in bedroom 2 and scrape marks on at least one other wall. There was a deep gouge in the hallway wall. Several walls in the lounge had holes and scrapes, and there was damage to the skirting boards.
The nature of the damage is relatively minor, but it is extensive. I am satisfied that the damage is more than fair wear and tear and the tenant has not disproved liability for the damage. I award painting costs as claimed. The amount awarded is less than the insurance excess on the basis that the damage to each room would attract the $1,000.00 excess. The walls were painted just before the tenancy began in September 2022. I therefore make no allowance for depreciation. Filing fee
The landlord’s application has been successful. I award the filing fee.

Tenancy Tribunal case 4750991 — Property damage at 16 Rata Street, Waiuku, Waiuku 2123

At a glance

Tenancy Tribunal case 4750991 — Property damage at 16 Rata Street, Waiuku, Waiuku 2123

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water?

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 water?

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