What was the outcome of Tenancy Tribunal case 4864517?

The tribunal order states: Kalameli Arkley must pay Barfoot & Thompson Limited as Agent for Kapil Rana

How much money was awarded in case 4864517?

Cleaning: $562.35 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $1,150.00 awarded to landlord; Property Damage: $901.30 awarded to landlord; Rent: $181.60 awarded to landlord; Rubbish Removal: $1,657.13 awarded to landlord; Water Charges To End Of Tenancy: $9.46 awarded to landlord

What type of tenancy dispute was case 4864517?

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

Where can I read the official tribunal order for case 4864517?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10756119-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4864517?

The tribunal order states: Kalameli Arkley must pay Barfoot & Thompson Limited as Agent for Kapil Rana

How much money was awarded in case 4864517?

Cleaning: $562.35 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $1,150.00 awarded to landlord; Property Damage: $901.30 awarded to landlord; Rent: $181.60 awarded to landlord; Rubbish Removal: $1,657.13 awarded to landlord; Water Charges To End Of Tenancy: $9.46 awarded to landlord

What type of tenancy dispute was case 4864517?

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

Where can I read the official tribunal order for case 4864517?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10756119-Tenancy_Tribunal_Order.pdf.

6 Burlington Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 4864517 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4864517 — net $1,722.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 12 March 2024	$181.60	Rent to 12 March 2024
Water charges to end of tenancy	$9.46	Water charges to end of tenancy
Cleaning	$562.35	Cleaning
Repairs to walls bedrooms 1-2, rubbish removal etc	$1,657.13	Repairs to walls bedrooms 1-2, rubbish removal etc
Repairs to bedroom 3 and lounge walls	$901.30	Repairs to bedroom 3 and lounge walls
Lawns and Garden work	$1,150.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,722.31
Total payable by Tenant to Landlord	$1,722.31

The landlord attended the hearing today.

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

How much is owed for rent and water?

The tenancy ended on 12 March 2024. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy.

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 flooring, carpets, kitchen cupboards, bathroom, toilet, and oven needed cleaning to bring them up to a reasonably clean condition. The cleaning costs claimed are reasonable.

Several mattresses, a Ute canopy and a table were left behind. Some plastic rubbish was strewn about in the exterior grounds. Further items were found after the gardens were tidied up.

The gardens were heavily overgrown. The lawns were not perfect at the start of the tenancy, buy they were in a materially worse condition at the end. The claim for garden work is high, but according to the invoice there was a huge amount of garden waste to dispose of which incurred refuse station charges ($450.00 plus GST).

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. The weekly rent was $760.00, and the insurance excess was $550.00.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.

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.

There was damage to the walls of the lounge and bedroom 3. The curtains in bedroom 3 had been taken down and became mouldy in a cupboard. They had to be replaced. I award the costs claimed for this damage ($901.30).

There was also damage to a wall behind the bathroom door, wall marks in bedroom 1, damage to a wardrobe doorframe in bedroom 2 and writing on the door, and damage to the laundry vinyl floor. However, the invoice for these repairs claims labour charges of 19 hours. I consider that repairs reasonably ought not to have taken more than 2 full working days. I reduce the labour charges by 50% but award the remaining labour charges and materials ($1,657.16).

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee

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

Claims and awards in Tenancy Tribunal application 4864517 — net $1,722.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 12 March 2024	$181.60	Rent to 12 March 2024
Water charges to end of tenancy	$9.46	Water charges to end of tenancy
Cleaning	$562.35	Cleaning
Repairs to walls bedrooms 1-2, rubbish removal etc	$1,657.13	Repairs to walls bedrooms 1-2, rubbish removal etc
Repairs to bedroom 3 and lounge walls	$901.30	Repairs to bedroom 3 and lounge walls
Lawns and Garden work	$1,150.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,722.31
Total payable by Tenant to Landlord	$1,722.31

Order

Kalameli Arkley must pay Barfoot & Thompson Limited as Agent for Kapil Rana $1,251.67 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,760.00 (5114933-008) to Barfoot & Thompson Limited as Agent for Kapil Rana immediately.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, outgoings, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 12 March 2024. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy.

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 flooring, carpets, kitchen cupboards, bathroom, toilet, and oven needed cleaning to bring them up to a reasonably clean condition. The cleaning costs claimed are reasonable.
Several mattresses, a Ute canopy and a table were left behind. Some plastic rubbish was strewn about in the exterior grounds. Further items were found after the gardens were tidied up.
The gardens were heavily overgrown. The lawns were not perfect at the start of the tenancy, buy they were in a materially worse condition at the end. The claim for garden work is high, but according to the invoice there was a huge amount of garden waste to dispose of which incurred refuse station charges ($450.00 plus GST).

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. The weekly rent was $760.00, and the insurance excess was $550.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
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.
There was damage to the walls of the lounge and bedroom 3. The curtains in bedroom 3 had been taken down and became mouldy in a cupboard. They had to be replaced. I award the costs claimed for this damage ($901.30).
There was also damage to a wall behind the bathroom door, wall marks in bedroom 1, damage to a wardrobe doorframe in bedroom 2 and writing on the door, and damage to the laundry vinyl floor. However, the invoice for these repairs claims labour charges of 19 hours. I consider that repairs reasonably ought not to have taken more than 2 full working days. I reduce the labour charges by 50% but award the remaining labour charges and materials ($1,657.16).
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee
The landlord’s application has been mainly successful. I award the filing fee.

Tenancy Tribunal case 4864517 — Property damage at 6 Burlington Place, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4864517 — Property damage at 6 Burlington Place, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and 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 rent and 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