What was the outcome of Tenancy Tribunal case 4866100?

The tribunal order states: Kim Sullivan must pay Visionwest Community Trust Acting Agent For Amba

How much money was awarded in case 4866100?

Cleaning: $230.00 awarded to landlord; Cleaning: $1,672.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $45.00 awarded to landlord; Rent Arrears: $160.57 awarded to tenant; Dishwasher: $279.00 awarded to landlord; Holes in walls in lounge, hallway, k…: $3,621.02 awarded to landlord; Three Doors -During Tenancy: $1,104.58 awarded to landlord; Kitchen Vinyl: $890.00 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord; Property Damage: $531.27 awarded to landlord

What type of tenancy dispute was case 4866100?

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

Where can I read the official tribunal order for case 4866100?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10828879-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4866100?

The tribunal order states: Kim Sullivan must pay Visionwest Community Trust Acting Agent For Amba

How much money was awarded in case 4866100?

Cleaning: $230.00 awarded to landlord; Cleaning: $1,672.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $45.00 awarded to landlord; Rent Arrears: $160.57 awarded to tenant; Dishwasher: $279.00 awarded to landlord; Holes in walls in lounge, hallway, k…: $3,621.02 awarded to landlord; Three Doors -During Tenancy: $1,104.58 awarded to landlord; Kitchen Vinyl: $890.00 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord; Property Damage: $531.27 awarded to landlord

What type of tenancy dispute was case 4866100?

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

Where can I read the official tribunal order for case 4866100?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10828879-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 129 Bruce McLaren Road, Henderson, Auckland Tenancy Tribunal Case 4866100 — Property damage

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Unit/Flat 1, 129 Bruce McLaren Road, Henderson, Auckland Tenancy Tribunal Case 4866100 — 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 4866100 — net $8,532.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: three doors -during tenancy	$1,104.58		Repairs: three doors -during tenancy
Lawns and Garden work	$45.00		Lawns and Garden work
Rubbish removal	$300.00		Rubbish removal
Repairs: Holes in walls in lounge, hallway, kitchen and	$3,621.02		Repairs: Holes in walls in lounge, hallway, kitchen and
Cleaning: and replace blinds and lightshades	$1,672.00		Cleaning: and replace blinds and lightshades
Carpet Cleaning	$230.00		Carpet Cleaning
Window repairs: 2 broken windows	$531.27		Window repairs: 2 broken windows
Repairs: dishwasher	$279.00		Repairs: dishwasher
Replace furnishings: kitchen vinyl less 50% depreciation	$890.00		Replace furnishings: kitchen vinyl less 50% depreciation
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent arrears		$160.57	Rent arrears
Total award	$8,693.31	$160.57
Net award	$8,532.74
Total payable by Tenant to Landlord	$8,532.74

Claims and awards for application 4866100 — net $8,532.74 NZD. Verify on MoJ.

Repairs: three doors -during tenancy

Amount: $1,104.58
Awarded to: Landlord
Reason: Repairs: three doors -during tenancy

Lawns and Garden work

Amount: $45.00
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $300.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Holes in walls in lounge, hallway, kitchen and

Amount: $3,621.02
Awarded to: Landlord
Reason: Repairs: Holes in walls in lounge, hallway, kitchen and

Cleaning: and replace blinds and lightshades

Amount: $1,672.00
Awarded to: Landlord
Reason: Cleaning: and replace blinds and lightshades

Claim types — money lines allowed on this order

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

Order

Kim Sullivan must pay Visionwest Community Trust Acting Agent For Amba Dutt $8,532.74 immediately, calculated as shown in table below.

Reasons

Only the applicant attended the hearing. Ms Sullivan did not join the video meeting and could not be contacted by telephone.
Having satisfied itself that Ms Sullivan had been properly notified of the hearing and the details of the claims made, the Tribunal proceeded to hear the matter in her absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 2 May 2024 at which time there was a rent credit owing to the tenant. The landlord provided rent records which prove the amount owing to the tenant at the end of the tenancy. That credit is deducted from the final amount ordered.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The lawns and gardens were overgrown. The cleaning cost awarded is reduced from that claimed to reflect that the tenant need only leave the premises reasonably clean. The invoice was for a full professional clean which is a higher standard. The rubbish removal cost is also reduced as the pre inspection report shows some rubbish present at the beginning of the tenancy.
The blinds and dishwasher provided at the beginning of the tenancy were damaged. Several lightshades were removed and the cost of replacing them is awarded.
The amounts ordered are proved.

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. See sections 40(2)(a), 41 and 49B 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.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: three doors were damaged during the tenancy and Ms Sullivan agreed to pay the repair costs. Further damage was discovered at the end of the tenancy to doors. Windows and walls throughout the property and an exterior wall were damaged. The linoleum in the kitchen was damaged. It could not be repaired.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation when calculating the tenant’s liability to replace the five-year-old linoleum. 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 at 50% of the actual cost quoted, I have taken into account the age and condition of the linoleum at the start of the tenancy and its likely useful lifespan of 10 years. The balance of the costs awarded are for repair costs only and therefore not depreciated.
Because Visionwest Community Trust Acting Agent For Amba Dutt has wholly succeeded with the claim I must reimburse the filing fee.
The order is to be published. The public interest requires that the tenants name is published, and the landlord did not request name suppression.

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 4866100 — net $8,532.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: three doors -during tenancy	$1,104.58		Repairs: three doors -during tenancy
Lawns and Garden work	$45.00		Lawns and Garden work
Rubbish removal	$300.00		Rubbish removal
Repairs: Holes in walls in lounge, hallway, kitchen and	$3,621.02		Repairs: Holes in walls in lounge, hallway, kitchen and
Cleaning: and replace blinds and lightshades	$1,672.00		Cleaning: and replace blinds and lightshades
Carpet Cleaning	$230.00		Carpet Cleaning
Window repairs: 2 broken windows	$531.27		Window repairs: 2 broken windows
Repairs: dishwasher	$279.00		Repairs: dishwasher
Replace furnishings: kitchen vinyl less 50% depreciation	$890.00		Replace furnishings: kitchen vinyl less 50% depreciation
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent arrears		$160.57	Rent arrears
Total award	$8,693.31	$160.57
Net award	$8,532.74
Total payable by Tenant to Landlord	$8,532.74

Claims and awards for application 4866100 — net $8,532.74 NZD. Verify on MoJ.

Repairs: three doors -during tenancy

Amount: $1,104.58
Awarded to: Landlord
Reason: Repairs: three doors -during tenancy

Lawns and Garden work

Amount: $45.00
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $300.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Holes in walls in lounge, hallway, kitchen and

Amount: $3,621.02
Awarded to: Landlord
Reason: Repairs: Holes in walls in lounge, hallway, kitchen and

Cleaning: and replace blinds and lightshades

Amount: $1,672.00
Awarded to: Landlord
Reason: Cleaning: and replace blinds and lightshades

Claim types — money lines allowed on this order

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

Order

Kim Sullivan must pay Visionwest Community Trust Acting Agent For Amba Dutt $8,532.74 immediately, calculated as shown in table below.

Reasons

Only the applicant attended the hearing. Ms Sullivan did not join the video meeting and could not be contacted by telephone.
Having satisfied itself that Ms Sullivan had been properly notified of the hearing and the details of the claims made, the Tribunal proceeded to hear the matter in her absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 2 May 2024 at which time there was a rent credit owing to the tenant. The landlord provided rent records which prove the amount owing to the tenant at the end of the tenancy. That credit is deducted from the final amount ordered.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The lawns and gardens were overgrown. The cleaning cost awarded is reduced from that claimed to reflect that the tenant need only leave the premises reasonably clean. The invoice was for a full professional clean which is a higher standard. The rubbish removal cost is also reduced as the pre inspection report shows some rubbish present at the beginning of the tenancy.
The blinds and dishwasher provided at the beginning of the tenancy were damaged. Several lightshades were removed and the cost of replacing them is awarded.
The amounts ordered are proved.

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. See sections 40(2)(a), 41 and 49B 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.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: three doors were damaged during the tenancy and Ms Sullivan agreed to pay the repair costs. Further damage was discovered at the end of the tenancy to doors. Windows and walls throughout the property and an exterior wall were damaged. The linoleum in the kitchen was damaged. It could not be repaired.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation when calculating the tenant’s liability to replace the five-year-old linoleum. 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 at 50% of the actual cost quoted, I have taken into account the age and condition of the linoleum at the start of the tenancy and its likely useful lifespan of 10 years. The balance of the costs awarded are for repair costs only and therefore not depreciated.
Because Visionwest Community Trust Acting Agent For Amba Dutt has wholly succeeded with the claim I must reimburse the filing fee.
The order is to be published. The public interest requires that the tenants name is published, and the landlord did not request name suppression.

Tenancy Tribunal case 4866100 — Property damage at Unit/Flat 1, 129 Bruce McLaren Road, Henderson, Auckland

At a glance

Tenancy Tribunal case 4866100 — Property damage at Unit/Flat 1, 129 Bruce McLaren Road, Henderson, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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