What was the outcome of Tenancy Tribunal case 4792420?

The tribunal order states: Gary Nickson and Kaylah Chapman must pay Jean Johnson Real Estate Ltd

How much money was awarded in case 4792420?

Rubbish Removal: $2,000.00 awarded to landlord; Cleaning: $61.60 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $145.33 awarded to landlord; Property Damage: $208.50 awarded to landlord; Property Damage: $465.39 awarded to landlord; Property Damage: $155.00 awarded to landlord; Property Damage: $199.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Rent Arrears: $2,238.94 awarded to landlord; Property Damage: $1,609.74 awarded to landlord; Replace Oven: $800.00 awarded to landlord; Replace Pump: $1,466.25 awarded to landlord; Rubbish Removal: $880.00 awarded to landlord; Water Rates: $238.69 awarded to landlord

What type of tenancy dispute was case 4792420?

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

Where can I read the official tribunal order for case 4792420?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10460154-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4792420?

The tribunal order states: Gary Nickson and Kaylah Chapman must pay Jean Johnson Real Estate Ltd

How much money was awarded in case 4792420?

Rubbish Removal: $2,000.00 awarded to landlord; Cleaning: $61.60 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $145.33 awarded to landlord; Property Damage: $208.50 awarded to landlord; Property Damage: $465.39 awarded to landlord; Property Damage: $155.00 awarded to landlord; Property Damage: $199.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Rent Arrears: $2,238.94 awarded to landlord; Property Damage: $1,609.74 awarded to landlord; Replace Oven: $800.00 awarded to landlord; Replace Pump: $1,466.25 awarded to landlord; Rubbish Removal: $880.00 awarded to landlord; Water Rates: $238.69 awarded to landlord

What type of tenancy dispute was case 4792420?

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

Where can I read the official tribunal order for case 4792420?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10460154-Tenancy_Tribunal_Order.pdf.

29 Anzac Road, Morningside, Whangarei 0110 Tenancy Tribunal Case 4792420 — Property damage

Claims and awards in Tenancy Tribunal application 4792420 — net $9,568.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 June 2023	$2,238.94	3. The application seeks rent arrears, water rates arrears, cleaning and rubbish removal costs, change of locks, repairs, and replacement of damaged / missing…
Water rates	$238.69	Water rates
Replacement of curtains	$208.50	Replacement of curtains
Repairs: Holes in walls, damage to garage door	$1,609.74	Repairs: Holes in walls, damage to garage door
Cleaning: and rubbish removal (labour	$2,000.00	8. The amount claimed is proven.
Light bulbs	$145.33	Light bulbs
Rubbish removal: Skip bin hire	$880.00	Rubbish removal: Skip bin hire
Replace oven	$800.00	Replace oven
Replace pump	$1,466.25	Replace pump
Cleaning: Curtains in sleep out	$61.60	8. The amount claimed is proven.
Window repairs	$465.39	Window repairs
Painting (damage to walls	$155.00	Painting (damage to walls
Lock/key replacement	$199.00	Lock/key replacement
Carpet replacement (lounge, bedroom	$1,500.00	Carpet replacement (lounge, bedroom
Filing fee reimbursement	$20.44	54. There were missing lightbulbs throughout the house.
Net award	$9,568.88
Total payable by Tenant to Landlord	$9,568.88

Claims and awards in Tenancy Tribunal application 4792420 — net $9,568.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 26 June 2023

$2,238.94

3. The application seeks rent arrears, water rates arrears, cleaning and rubbish removal costs, change of locks, repairs, and replacement of damaged / missing…

Water rates

$238.69

Water rates

Replacement of curtains

$208.50

Replacement of curtains

Repairs: Holes in walls, damage to garage door

$1,609.74

Repairs: Holes in walls, damage to garage door

Cleaning: and rubbish removal (labour

$2,000.00

8. The amount claimed is proven.

Light bulbs

$145.33

Light bulbs

Rubbish removal: Skip bin hire

$880.00

Rubbish removal: Skip bin hire

Replace oven

$800.00

Replace oven

Replace pump

$1,466.25

Replace pump

Cleaning: Curtains in sleep out

$61.60

8. The amount claimed is proven.

Window repairs

$465.39

Window repairs

Painting (damage to walls

$155.00

Painting (damage to walls

Lock/key replacement

$199.00

Lock/key replacement

Carpet replacement (lounge, bedroom

$1,500.00

Carpet replacement (lounge, bedroom

Filing fee reimbursement

$20.44

54. There were missing lightbulbs throughout the house.

Net award

$9,568.88

Total payable by Tenant to Landlord

$9,568.88

Reasons

Background

The tenancy began on 14 March 2020 and ended on 26 June 2023.

The landlord filed this application on 31 January 2024.

The application seeks rent arrears, water rates arrears, cleaning and rubbish removal costs, change of locks, repairs, and replacement of damaged / missing chattels.

Notice of the hearing was sent to the tenants at an address that they provided in writing within two months of the date that the application was filed 1 .

The hearing took place at the Whangarei Courts on 14 June 2024. Ms Cocurullo represented the landlord at the hearing. There was no appearance by the tenants. The hearing proceeded in the absence of the tenants 2 . Rent and water

The landlord’s rent record establishes rent arrears of $2,238.94 to the end of the tenancy.

Water rates are owed for the period from 27 September 2022 to 30 March 2023 (per an invoice from Whangarei District Council) and from 31 March 2023 to the end of the tenancy (per the final reading of the meter).

The amount claimed is proven. Cleaning and rubbish, keys

Tenants must leave the premises reasonably clean and tidy and remove all rubbish at the end of the tenancy 3 . Tenants must also return the keys.

Ms Cocorullo provided photographs showing the condition of the premises at the final inspection.

The premises were left in a very unclean and untidy state. There were tenant’s belongings and rubbish left throughout the inside and outside of the house, 1 Section 91A(2)(b) Residential Tenancies Act 1986 (“RTA”) 2 Section 92 RTA 3 Section 40(1)(e)(iii) RTA shed, and sleepout. The house does not appear to have been cleaned for a long time.

I was provided with a copy of the invoice for the cleaning and rubbish removal work, carried out by Ms Owens. The invoice is for $2,200.00. It details the work that Ms Owens did.

That work included water blasting of exterior paths, which is beyond the scope of the tenant’s responsibilities.

The other parts of the invoice are fair and reasonable.

I will award $2,000.00 for labour plus the proven cost of skip bin hire.

The keys were not returned at the end of the tenancy. The cost of change of locks is proven. Repairs, replacement of missing or damaged chattels

The claim seeks compensation for: a. Damage to walls (repairs, painting). b. Replacement of curtains (missing). c. Replacement of septic pump (damaged) d. Replacement of stove (damaged) e. Reglazing of broken windows. f. Replacement of carpet in the lounge and bedroom. g. Replacement of missing lightbulbs a. Damage to walls

Ms Cocurullo’s photographs show: a. A large hole in the wall in the hallway. b. Holes in the wall behind the door in two bedrooms. The damage was caused by the door handles. Both doors have door stoppers. c. Marks, dents, and paint chips in the walls in the lounge.

The premises were re-decorated before the start of this tenancy.

The invoice for repair of the walls includes other work – replacing the ‘garage door wheel’ and re-wiring the washing line.

Ms Cocurullo explained that the roller door in the garage could not be opened automatically, it had to be opened manually. At the end of the tenancy one side of the door was off the roller. It appears that the door was forced open roughly. Ms Cocurullo provided a photograph showing the damage to the washing line.

The damage detailed above is beyond fair wear and tear and it occurred during this tenancy.

The amount claimed for repairs, and painting of the repaired walls, is proven and is fair and reasonable. b. Curtains

Many of the curtains were missing at the end of the tenancy.

There were some curtains left in the sleepout, which were intact but not clean.

The claim seeks the cost of replacing the missing curtains and cleaning the curtains in the sleepout.

The claim is proven. I have applied depreciation of 50% to the cost of new replacement curtains. c. Septic pump

The septic system blocked during the tenancy. A plumber attended and found that baby wipes had been flushed down the toilet, causing the blockage. The tenant was told not to flush baby wipes.

The problem recurred in May 2023. A plumber attended and found that the system was again blocked with baby wipes and this time the septic pump had burned out.

The claim seeks the cost of replacing the pump.

Based on Ms Cocurullo’s explanation above, I accept that the pump was damaged by a careless action by the tenant or by someone who was at the premises with the tenant’s consent. Therefore, the tenant is liable for the damage to the pump 4 .

The landlord’s insurance does not cover damage of this type.

The claim seeks the cost of replacing the pump, which was $1,955.00 per an invoice from Boss Plumbing & Drainage.

I do not know the age of the pump that burned out. Pumps have a long life expectancy provided that they are properly maintained.

I will apply depreciation of 25% 4 Section 49B(2) RTA d. Stove

At the final inspection, Ms Cocurullo noted that the warmer drawer on the stove was broken.

Ms Cocurullo was able to have that damage repaired.

The premises were re-let.

The first time that the new tenant used the oven, they discovered that the inner glass was missing from the door of the oven. This rendered the oven very dangerous when the new tenant used it – part of the seal melted and the tenant burned her arm when opening the door.

Ms Cocurullo explained that the oven has two sets of glass on the door. The inner glass can be removed so it can be cleaned. She did not notice that the inner glass was missing.

Ms Cocurullo looked into purchasing replacement glass, but the cost was similar to the cost of a new stove.

The claim seeks the cost of replacing the stove.

The missing glass was not noted at the final inspection, but I accept that it is more likely than not that the glass was missing at that time. The missing glass is not visually obvious and it is not surprising that it was not noticed until the new tenants used the oven. Those tenants notified Ms Cocurullo immediately.

I accept that it is not economical to replace the glass.

The claim for replacement of the stove is proven.

The existing stove was purchased in 2019. I have applied depreciation of one- third to the proven replacement cost. e. Broken windows

Three windows were broken during the tenancy. The cost of re-glazing is proven. f. Replacement of carpet

The carpet in the lounge was burnt in front of the woodburner. The woodburner was not supposed to be used during the tenancy.

Ms Cocurullo’s photographs show the burn damage. The damage was not present at the beginning of this tenancy.

The carpet in one of the bedrooms was badly stained by coloured pens (or similar).

Replacement of the carpet in the lounge and bedroom was covered by the landlord’s insurance, with an excess of $750.00 applied to each room.

The damage shown in the landlord’s photographs justified replacement of the carpet in those areas.

The tenant is liable for the cost paid by the landlord, which is $1,500.00. g. Lightbulbs

There were missing lightbulbs throughout the house. The cost of replacement is proven. Filing fee, bond

The landlord has been successful in this application and I must also award the landlord the filing fee of $20.44.

The proven claim exceeds the amount of the bond. The bond will be released to the landlord.

Claims and awards in Tenancy Tribunal application 4792420 — net $9,568.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 June 2023	$2,238.94	3. The application seeks rent arrears, water rates arrears, cleaning and rubbish removal costs, change of locks, repairs, and replacement of damaged / missing…
Water rates	$238.69	Water rates
Replacement of curtains	$208.50	Replacement of curtains
Repairs: Holes in walls, damage to garage door	$1,609.74	Repairs: Holes in walls, damage to garage door
Cleaning: and rubbish removal (labour	$2,000.00	8. The amount claimed is proven.
Light bulbs	$145.33	Light bulbs
Rubbish removal: Skip bin hire	$880.00	Rubbish removal: Skip bin hire
Replace oven	$800.00	Replace oven
Replace pump	$1,466.25	Replace pump
Cleaning: Curtains in sleep out	$61.60	8. The amount claimed is proven.
Window repairs	$465.39	Window repairs
Painting (damage to walls	$155.00	Painting (damage to walls
Lock/key replacement	$199.00	Lock/key replacement
Carpet replacement (lounge, bedroom	$1,500.00	Carpet replacement (lounge, bedroom
Filing fee reimbursement	$20.44	54. There were missing lightbulbs throughout the house.
Net award	$9,568.88
Total payable by Tenant to Landlord	$9,568.88

Claims and awards in Tenancy Tribunal application 4792420 — net $9,568.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 26 June 2023

$2,238.94

3. The application seeks rent arrears, water rates arrears, cleaning and rubbish removal costs, change of locks, repairs, and replacement of damaged / missing…

Water rates

$238.69

Water rates

Replacement of curtains

$208.50

Replacement of curtains

Repairs: Holes in walls, damage to garage door

$1,609.74

Repairs: Holes in walls, damage to garage door

Cleaning: and rubbish removal (labour

$2,000.00

8. The amount claimed is proven.

Light bulbs

$145.33

Light bulbs

Rubbish removal: Skip bin hire

$880.00

Rubbish removal: Skip bin hire

Replace oven

$800.00

Replace oven

Replace pump

$1,466.25

Replace pump

Cleaning: Curtains in sleep out

$61.60

8. The amount claimed is proven.

Window repairs

$465.39

Window repairs

Painting (damage to walls

$155.00

Painting (damage to walls

Lock/key replacement

$199.00

Lock/key replacement

Carpet replacement (lounge, bedroom

$1,500.00

Carpet replacement (lounge, bedroom

Filing fee reimbursement

$20.44

54. There were missing lightbulbs throughout the house.

Net award

$9,568.88

Total payable by Tenant to Landlord

$9,568.88

Order

Gary Nickson and Kaylah Chapman must pay Jean Johnson Real Estate Ltd t/as Century 21 (as agent for Keith Robinson) $9,568.88 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,420.00 (3010431-004) to Jean Johnson Real Estate Ltd immediately.

Reasons

Background

The tenancy began on 14 March 2020 and ended on 26 June 2023.
The landlord filed this application on 31 January 2024.
The application seeks rent arrears, water rates arrears, cleaning and rubbish removal costs, change of locks, repairs, and replacement of damaged / missing chattels.
Notice of the hearing was sent to the tenants at an address that they provided in writing within two months of the date that the application was filed 1 .
The hearing took place at the Whangarei Courts on 14 June 2024. Ms Cocurullo represented the landlord at the hearing. There was no appearance by the tenants. The hearing proceeded in the absence of the tenants 2 . Rent and water
The landlord’s rent record establishes rent arrears of $2,238.94 to the end of the tenancy.
Water rates are owed for the period from 27 September 2022 to 30 March 2023 (per an invoice from Whangarei District Council) and from 31 March 2023 to the end of the tenancy (per the final reading of the meter).
The amount claimed is proven. Cleaning and rubbish, keys
Tenants must leave the premises reasonably clean and tidy and remove all rubbish at the end of the tenancy 3 . Tenants must also return the keys.
Ms Cocorullo provided photographs showing the condition of the premises at the final inspection.
The premises were left in a very unclean and untidy state. There were tenant’s belongings and rubbish left throughout the inside and outside of the house, 1 Section 91A(2)(b) Residential Tenancies Act 1986 (“RTA”) 2 Section 92 RTA 3 Section 40(1)(e)(iii) RTA shed, and sleepout. The house does not appear to have been cleaned for a long time.
I was provided with a copy of the invoice for the cleaning and rubbish removal work, carried out by Ms Owens. The invoice is for $2,200.00. It details the work that Ms Owens did.
That work included water blasting of exterior paths, which is beyond the scope of the tenant’s responsibilities.
The other parts of the invoice are fair and reasonable.
I will award $2,000.00 for labour plus the proven cost of skip bin hire.
The keys were not returned at the end of the tenancy. The cost of change of locks is proven. Repairs, replacement of missing or damaged chattels
The claim seeks compensation for: a. Damage to walls (repairs, painting). b. Replacement of curtains (missing). c. Replacement of septic pump (damaged) d. Replacement of stove (damaged) e. Reglazing of broken windows. f. Replacement of carpet in the lounge and bedroom. g. Replacement of missing lightbulbs a. Damage to walls
Ms Cocurullo’s photographs show: a. A large hole in the wall in the hallway. b. Holes in the wall behind the door in two bedrooms. The damage was caused by the door handles. Both doors have door stoppers. c. Marks, dents, and paint chips in the walls in the lounge.
The premises were re-decorated before the start of this tenancy.
The invoice for repair of the walls includes other work – replacing the ‘garage door wheel’ and re-wiring the washing line.
Ms Cocurullo explained that the roller door in the garage could not be opened automatically, it had to be opened manually. At the end of the tenancy one side of the door was off the roller. It appears that the door was forced open roughly. Ms Cocurullo provided a photograph showing the damage to the washing line.
The damage detailed above is beyond fair wear and tear and it occurred during this tenancy.
The amount claimed for repairs, and painting of the repaired walls, is proven and is fair and reasonable. b. Curtains
Many of the curtains were missing at the end of the tenancy.
There were some curtains left in the sleepout, which were intact but not clean.
The claim seeks the cost of replacing the missing curtains and cleaning the curtains in the sleepout.
The claim is proven. I have applied depreciation of 50% to the cost of new replacement curtains. c. Septic pump
The septic system blocked during the tenancy. A plumber attended and found that baby wipes had been flushed down the toilet, causing the blockage. The tenant was told not to flush baby wipes.
The problem recurred in May 2023. A plumber attended and found that the system was again blocked with baby wipes and this time the septic pump had burned out.
The claim seeks the cost of replacing the pump.
Based on Ms Cocurullo’s explanation above, I accept that the pump was damaged by a careless action by the tenant or by someone who was at the premises with the tenant’s consent. Therefore, the tenant is liable for the damage to the pump 4 .
The landlord’s insurance does not cover damage of this type.
The claim seeks the cost of replacing the pump, which was $1,955.00 per an invoice from Boss Plumbing & Drainage.
I do not know the age of the pump that burned out. Pumps have a long life expectancy provided that they are properly maintained.
I will apply depreciation of 25% 4 Section 49B(2) RTA d. Stove
At the final inspection, Ms Cocurullo noted that the warmer drawer on the stove was broken.
Ms Cocurullo was able to have that damage repaired.
The premises were re-let.
The first time that the new tenant used the oven, they discovered that the inner glass was missing from the door of the oven. This rendered the oven very dangerous when the new tenant used it – part of the seal melted and the tenant burned her arm when opening the door.
Ms Cocurullo explained that the oven has two sets of glass on the door. The inner glass can be removed so it can be cleaned. She did not notice that the inner glass was missing.
Ms Cocurullo looked into purchasing replacement glass, but the cost was similar to the cost of a new stove.
The claim seeks the cost of replacing the stove.
The missing glass was not noted at the final inspection, but I accept that it is more likely than not that the glass was missing at that time. The missing glass is not visually obvious and it is not surprising that it was not noticed until the new tenants used the oven. Those tenants notified Ms Cocurullo immediately.
I accept that it is not economical to replace the glass.
The claim for replacement of the stove is proven.
The existing stove was purchased in 2019. I have applied depreciation of one- third to the proven replacement cost. e. Broken windows
Three windows were broken during the tenancy. The cost of re-glazing is proven. f. Replacement of carpet
The carpet in the lounge was burnt in front of the woodburner. The woodburner was not supposed to be used during the tenancy.
Ms Cocurullo’s photographs show the burn damage. The damage was not present at the beginning of this tenancy.
The carpet in one of the bedrooms was badly stained by coloured pens (or similar).
Replacement of the carpet in the lounge and bedroom was covered by the landlord’s insurance, with an excess of $750.00 applied to each room.
The damage shown in the landlord’s photographs justified replacement of the carpet in those areas.
The tenant is liable for the cost paid by the landlord, which is $1,500.00. g. Lightbulbs
There were missing lightbulbs throughout the house. The cost of replacement is proven. Filing fee, bond
The landlord has been successful in this application and I must also award the landlord the filing fee of $20.44.
The proven claim exceeds the amount of the bond. The bond will be released to the landlord.

Tenancy Tribunal case 4792420 — Property damage at 29 Anzac Road, Morningside, Whangarei 0110

At a glance

Tenancy Tribunal case 4792420 — Property damage at 29 Anzac Road, 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