What was the outcome of Tenancy Tribunal case 4775438?

The tribunal order states: Natasha Leah Topfer must pay Inspire Property Management Limited As Agent

How much money was awarded in case 4775438?

Filing Fee: $20.44 awarded to landlord; Lawnmowing: $90.00 awarded to landlord; Lawns and Garden Work: $520.00 awarded to landlord; Property Damage: $7,350.80 awarded to landlord; Rent Arrears: $3,664.29 awarded to landlord; Rubbish Removal: $730.04 awarded to landlord

What type of tenancy dispute was case 4775438?

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

Where can I read the official tribunal order for case 4775438?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10561235-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4775438?

The tribunal order states: Natasha Leah Topfer must pay Inspire Property Management Limited As Agent

How much money was awarded in case 4775438?

Filing Fee: $20.44 awarded to landlord; Lawnmowing: $90.00 awarded to landlord; Lawns and Garden Work: $520.00 awarded to landlord; Property Damage: $7,350.80 awarded to landlord; Rent Arrears: $3,664.29 awarded to landlord; Rubbish Removal: $730.04 awarded to landlord

What type of tenancy dispute was case 4775438?

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

Where can I read the official tribunal order for case 4775438?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10561235-Tenancy_Tribunal_Order.pdf.

4 Tikorangi Place, Morningside, Whangarei 0110 Tenancy Tribunal Case 4775438 — Property damage

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4 Tikorangi Place, Morningside, Whangarei 0110 Tenancy Tribunal Case 4775438 — 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 4775438 — net $10,175.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 February 2024	$3,664.29	5. The landlord’s rent record establishes rent arrears of $3,664.29 to the end of the tenancy.
Lawnmowing	$90.00	The claim for lawnmowing is fair and reasonable.
Rubbish removal	$730.04	Rubbish removal
Garden work	$520.00	Garden work
Repairs	$7,350.80	The claim for repairs of twelve holes in the walls and replacement of one door is proven.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,175.57
Total payable by Tenant to Landlord	$10,175.57

Claims and awards for application 4775438 — net $10,175.57 NZD. Verify on MoJ.

Rent arrears to 4 February 2024

Amount: $3,664.29
Awarded to: Landlord
Reason: 5. The landlord’s rent record establishes rent arrears of $3,664.29 to the end of the tenancy.

Lawnmowing

Amount: $90.00
Awarded to: Landlord
Reason: The claim for lawnmowing is fair and reasonable.

Rubbish removal

Amount: $730.04
Awarded to: Landlord
Reason: Rubbish removal

Garden work

Amount: $520.00
Awarded to: Landlord
Reason: Garden work

Repairs

Amount: $7,350.80
Awarded to: Landlord
Reason: The claim for repairs of twelve holes in the walls and replacement of one door is proven.

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

Natasha Leah Topfer must pay Inspire Property Management Limited As Agent For R & Z Lovegrove $10,175.57 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 (3219019-006) to Inspire Property Management Limited As Agent For R & Z Lovegrove immediately.

Reasons

Background

The tenancy ended on 4 February 2024.
The landlord’s application seeks rent arrears, rubbish removal, lawnmowing, and gardening costs.
The hearing took place in Whangarei on 10 July 2024. Ms Johnson and Ms Kehoe represented the landlord. There was no appearance by the tenants. Rent arrears
The tenant made no rent payments between 12 December 2023 and the end of the tenancy on 4 February 2024.
The landlord’s rent record establishes rent arrears of $3,664.29 to the end of the tenancy. Rubbish removal
Tenants must remove all rubbish at the end of the tenancy 1 .
Ms Johnson provided a copy of the final inspection report.
The photographs show that there was a substantial amount of rubbish left behind at the end of the tenancy. The tenant left a large full flexibin on the driveway. There was abandoned furniture in the garage.
The cost of removing and disposing of the rubbish is proven. Lawnmowing and gardening
Tenants must leave the premises (inside and out) reasonably clean and tidy at the end of the tenancy.
The final inspection report shows that the lawns and gardens were overgrown.
The claim seeks $90.00 for lawnmowing (per a quote from Jim’s Mowing) and $2,216.46 for gardening work (per a quote from Green Gardeners Ltd).
Ms Johnson confirmed that the lawnmowing and gardening work has been done.
The claim for lawnmowing is fair and reasonable.
The quote for gardening includes work that is beyond the scope of a tenant’s responsibilities, including “trim trees and shrubs, baselift trees and reinstate clean lines / edges, remove trees (as requested by client)”. 1 Section 40(1)(e)(iii) Residential Tenancies Act 1986 (“RTA”)
The property has quite a large section, and the landlord’s photographs show the tenant had not kept on top of the weeding.
I will award $520.00 for gardening, which represents 8 hours of weeding at $40/hr plus $200.00 for disposal of green waste. Repairs
The claim seeks $9,188.50 for repairs per a quote from Darren Green Builders.
The quote describes the work as follows: Cut out the gib boards and repair twelve holes in various walls throughout the house once gib stopped and sanded then primer seal and repaint walls to match. Replace 5 damaged doors install 5 new ones and paint to match
The final inspection report includes photographs of the holes in the walls. There are holes in the walls in the garage, lounge, and bedrooms. Some of the holes were partially repaired by the tenant.
The photographs show that the door of one bedroom is badly damaged. There also appears to be some more minor damage to the laundry door.
Ms Johnson provided a copy of the entry inspection report. The damage was not present at that time.
Tenants are liable for damage beyond fair wear and tear that occurs during the period of the tenancy. Tenants are liable for damage caused by anyone who is at the premises with their consent 2 .
The damage shown in the photographs is not fair wear and tear.
The evidence provided to me does not establish damage to five doors. It shows damage to two doors. The damage to the laundry door does not appear to warrant replacement of that door.
The claim for repairs of twelve holes in the walls and replacement of one door is proven.
The Darren Green Builders quote does not detail the cost of door replacement and the cost of repair of holes in walls. I estimate that the proven claim comprises 80% of the work detailed in the invoice. Filing fee, bond
The landlord has been successful in this application, and I must also award the landlord the filing fee of $20.44 3 . 2 Section 49B RTA 3 Section 102(4)(a) RTA
The proven claim exceeds 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 4775438 — net $10,175.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 February 2024	$3,664.29	5. The landlord’s rent record establishes rent arrears of $3,664.29 to the end of the tenancy.
Lawnmowing	$90.00	The claim for lawnmowing is fair and reasonable.
Rubbish removal	$730.04	Rubbish removal
Garden work	$520.00	Garden work
Repairs	$7,350.80	The claim for repairs of twelve holes in the walls and replacement of one door is proven.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,175.57
Total payable by Tenant to Landlord	$10,175.57

Claims and awards for application 4775438 — net $10,175.57 NZD. Verify on MoJ.

Rent arrears to 4 February 2024

Amount: $3,664.29
Awarded to: Landlord
Reason: 5. The landlord’s rent record establishes rent arrears of $3,664.29 to the end of the tenancy.

Lawnmowing

Amount: $90.00
Awarded to: Landlord
Reason: The claim for lawnmowing is fair and reasonable.

Rubbish removal

Amount: $730.04
Awarded to: Landlord
Reason: Rubbish removal

Garden work

Amount: $520.00
Awarded to: Landlord
Reason: Garden work

Repairs

Amount: $7,350.80
Awarded to: Landlord
Reason: The claim for repairs of twelve holes in the walls and replacement of one door is proven.

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

Natasha Leah Topfer must pay Inspire Property Management Limited As Agent For R & Z Lovegrove $10,175.57 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 (3219019-006) to Inspire Property Management Limited As Agent For R & Z Lovegrove immediately.

Reasons

Background

The tenancy ended on 4 February 2024.
The landlord’s application seeks rent arrears, rubbish removal, lawnmowing, and gardening costs.
The hearing took place in Whangarei on 10 July 2024. Ms Johnson and Ms Kehoe represented the landlord. There was no appearance by the tenants. Rent arrears
The tenant made no rent payments between 12 December 2023 and the end of the tenancy on 4 February 2024.
The landlord’s rent record establishes rent arrears of $3,664.29 to the end of the tenancy. Rubbish removal
Tenants must remove all rubbish at the end of the tenancy 1 .
Ms Johnson provided a copy of the final inspection report.
The photographs show that there was a substantial amount of rubbish left behind at the end of the tenancy. The tenant left a large full flexibin on the driveway. There was abandoned furniture in the garage.
The cost of removing and disposing of the rubbish is proven. Lawnmowing and gardening
Tenants must leave the premises (inside and out) reasonably clean and tidy at the end of the tenancy.
The final inspection report shows that the lawns and gardens were overgrown.
The claim seeks $90.00 for lawnmowing (per a quote from Jim’s Mowing) and $2,216.46 for gardening work (per a quote from Green Gardeners Ltd).
Ms Johnson confirmed that the lawnmowing and gardening work has been done.
The claim for lawnmowing is fair and reasonable.
The quote for gardening includes work that is beyond the scope of a tenant’s responsibilities, including “trim trees and shrubs, baselift trees and reinstate clean lines / edges, remove trees (as requested by client)”. 1 Section 40(1)(e)(iii) Residential Tenancies Act 1986 (“RTA”)
The property has quite a large section, and the landlord’s photographs show the tenant had not kept on top of the weeding.
I will award $520.00 for gardening, which represents 8 hours of weeding at $40/hr plus $200.00 for disposal of green waste. Repairs
The claim seeks $9,188.50 for repairs per a quote from Darren Green Builders.
The quote describes the work as follows: Cut out the gib boards and repair twelve holes in various walls throughout the house once gib stopped and sanded then primer seal and repaint walls to match. Replace 5 damaged doors install 5 new ones and paint to match
The final inspection report includes photographs of the holes in the walls. There are holes in the walls in the garage, lounge, and bedrooms. Some of the holes were partially repaired by the tenant.
The photographs show that the door of one bedroom is badly damaged. There also appears to be some more minor damage to the laundry door.
Ms Johnson provided a copy of the entry inspection report. The damage was not present at that time.
Tenants are liable for damage beyond fair wear and tear that occurs during the period of the tenancy. Tenants are liable for damage caused by anyone who is at the premises with their consent 2 .
The damage shown in the photographs is not fair wear and tear.
The evidence provided to me does not establish damage to five doors. It shows damage to two doors. The damage to the laundry door does not appear to warrant replacement of that door.
The claim for repairs of twelve holes in the walls and replacement of one door is proven.
The Darren Green Builders quote does not detail the cost of door replacement and the cost of repair of holes in walls. I estimate that the proven claim comprises 80% of the work detailed in the invoice. Filing fee, bond
The landlord has been successful in this application, and I must also award the landlord the filing fee of $20.44 3 . 2 Section 49B RTA 3 Section 102(4)(a) RTA
The proven claim exceeds the bond. The bond will be released to the landlord.

Tenancy Tribunal case 4775438 — Property damage at 4 Tikorangi Place, Morningside, Whangarei 0110

At a glance

Tenancy Tribunal case 4775438 — Property damage at 4 Tikorangi Place, Morningside, Whangarei 0110

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