What was the outcome of Tenancy Tribunal case 4774657?

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

How much money was awarded in case 4774657?

Cleaning: $632.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $287.50 awarded to landlord; Painting: $500.00 awarded to landlord; Pest Control: $172.50 awarded to landlord; Property Damage: $415.00 awarded to landlord; Back Door: $172.50 awarded to landlord; Wall Patch: $483.00 awarded to landlord; Window Frame: $30.00 awarded to landlord; Rubbish Removal: $419.75 awarded to landlord

What type of tenancy dispute was case 4774657?

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

Where can I read the official tribunal order for case 4774657?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10021154-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4774657?

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

How much money was awarded in case 4774657?

Cleaning: $632.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $287.50 awarded to landlord; Painting: $500.00 awarded to landlord; Pest Control: $172.50 awarded to landlord; Property Damage: $415.00 awarded to landlord; Back Door: $172.50 awarded to landlord; Wall Patch: $483.00 awarded to landlord; Window Frame: $30.00 awarded to landlord; Rubbish Removal: $419.75 awarded to landlord

What type of tenancy dispute was case 4774657?

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

Where can I read the official tribunal order for case 4774657?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10021154-Tenancy_Tribunal_Order.pdf.

47 McKean Avenue, Manurewa, Auckland 2102 Tenancy Tribunal Case 4774657 — Property damage

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47 McKean Avenue, Manurewa, Auckland 2102 Tenancy Tribunal Case 4774657 — 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 4774657 — net $3,133.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$632.50	Cleaning
Rubbish removal	$419.75	Rubbish removal
Window repairs	$415.00	Window repairs
Repairs: wall patch	$483.00	Repairs: wall patch
Pest control	$172.50	Pest control
Lawns and Garden work	$287.50	Lawns and Garden work
Repairs: window frame	$30.00	Repairs: window frame
Repairs: back door	$172.50	Repairs: back door
Painting	$500.00	Painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,133.19
Total payable by Tenant to Landlord	$3,133.19

Claims and awards for application 4774657 — net $3,133.19 NZD. Verify on MoJ.

Cleaning

Amount: $632.50
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $419.75
Awarded to: Landlord
Reason: Rubbish removal

Window repairs

Amount: $415.00
Awarded to: Landlord
Reason: Window repairs

Repairs: wall patch

Amount: $483.00
Awarded to: Landlord
Reason: Repairs: wall patch

Pest control

Amount: $172.50
Awarded to: Landlord
Reason: Pest control

Lawns and Garden work

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Pest Control Property damage Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Rua Te Awa Mai Dawson must pay The Worx Property Management Limited $3,133.19 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.
The landlord provided the initial move in inspection report, final move out inspection report and invoices to support the application. Tenant’s 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 and leave all chattels provided for their benefit. See section 40(1)(e) Residential Tenancies Act 1986 (“RTA”)
For damage claims, 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. See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent. See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) 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.
The Tribunal must also take 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. Claims
Having seen the photos, I am satisfied that the landlord has proven the claims for wall patch, cleaning, pest control, lawns, back door repair, and rubbish removal.
I grant partially the costs for the window frame repair for the broken latches and partial costs for the painting. This is due to the condition of the premises at the beginning of the tenancy and taking fair wear and tear into account.
I do not grant any amounts for the carpet removal, bedroom light holder, heat pump repair or any doorknobs as I do not find them proven.
The landlord confirmed that there was no insurance. Each item awarded would not be more than four weeks’ rent in any case for the damage claims and unlikely to be more than any insurance excess even if it did exist. Filing fee reimbursement
Because The Worx Property Management Limited has wholly succeeded with the claim, the tenant must reimburse the filing fee.

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 4774657 — net $3,133.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$632.50	Cleaning
Rubbish removal	$419.75	Rubbish removal
Window repairs	$415.00	Window repairs
Repairs: wall patch	$483.00	Repairs: wall patch
Pest control	$172.50	Pest control
Lawns and Garden work	$287.50	Lawns and Garden work
Repairs: window frame	$30.00	Repairs: window frame
Repairs: back door	$172.50	Repairs: back door
Painting	$500.00	Painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,133.19
Total payable by Tenant to Landlord	$3,133.19

Claims and awards for application 4774657 — net $3,133.19 NZD. Verify on MoJ.

Cleaning

Amount: $632.50
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $419.75
Awarded to: Landlord
Reason: Rubbish removal

Window repairs

Amount: $415.00
Awarded to: Landlord
Reason: Window repairs

Repairs: wall patch

Amount: $483.00
Awarded to: Landlord
Reason: Repairs: wall patch

Pest control

Amount: $172.50
Awarded to: Landlord
Reason: Pest control

Lawns and Garden work

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Pest Control Property damage Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Rua Te Awa Mai Dawson must pay The Worx Property Management Limited $3,133.19 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.
The landlord provided the initial move in inspection report, final move out inspection report and invoices to support the application. Tenant’s 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 and leave all chattels provided for their benefit. See section 40(1)(e) Residential Tenancies Act 1986 (“RTA”)
For damage claims, 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. See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent. See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) 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.
The Tribunal must also take 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. Claims
Having seen the photos, I am satisfied that the landlord has proven the claims for wall patch, cleaning, pest control, lawns, back door repair, and rubbish removal.
I grant partially the costs for the window frame repair for the broken latches and partial costs for the painting. This is due to the condition of the premises at the beginning of the tenancy and taking fair wear and tear into account.
I do not grant any amounts for the carpet removal, bedroom light holder, heat pump repair or any doorknobs as I do not find them proven.
The landlord confirmed that there was no insurance. Each item awarded would not be more than four weeks’ rent in any case for the damage claims and unlikely to be more than any insurance excess even if it did exist. Filing fee reimbursement
Because The Worx Property Management Limited has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4774657 — Property damage at 47 McKean Avenue, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4774657 — Property damage at 47 McKean Avenue, Manurewa, Auckland 2102

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