What was the outcome of Tenancy Tribunal case 4886023?

The tribunal order states: Kane Kitcher must pay Port Property Management Limited - as Agent for The

How much money was awarded in case 4886023?

Filing Fee: $20.44 awarded to landlord; Lawns: $100.00 awarded to landlord; Property Damage: $368.00 awarded to landlord; Property Damage: $506.40 awarded to landlord; Property Damage: $168.00 awarded to landlord; Rent: $4,032.85 awarded to landlord; Replace Curtains And Tracks: $1,467.52 awarded to landlord; Replace Piping, Tapware, Vanity, Hot…: $7,954.50 awarded to landlord; Replace Water Pump: $1,072.84 awarded to landlord; Rubbish Removal: $2,010.32 awarded to landlord

What type of tenancy dispute was case 4886023?

The primary dispute was State of repair. Related themes: Property damage.

Where can I read the official tribunal order for case 4886023?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10773375-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4886023?

The tribunal order states: Kane Kitcher must pay Port Property Management Limited - as Agent for The

How much money was awarded in case 4886023?

Filing Fee: $20.44 awarded to landlord; Lawns: $100.00 awarded to landlord; Property Damage: $368.00 awarded to landlord; Property Damage: $506.40 awarded to landlord; Property Damage: $168.00 awarded to landlord; Rent: $4,032.85 awarded to landlord; Replace Curtains And Tracks: $1,467.52 awarded to landlord; Replace Piping, Tapware, Vanity, Hot…: $7,954.50 awarded to landlord; Replace Water Pump: $1,072.84 awarded to landlord; Rubbish Removal: $2,010.32 awarded to landlord

What type of tenancy dispute was case 4886023?

The primary dispute was State of repair. Related themes: Property damage.

Where can I read the official tribunal order for case 4886023?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10773375-Tenancy_Tribunal_Order.pdf.

49 Cameron Road, Waiuku, Waiuku 2681 Tenancy Tribunal Case 4886023 — State of repair

Reasons

Claims and awards in Tenancy Tribunal application 4886023 — net $17,700.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 23 March 2024	$4,032.85	Rent to 23 March 2024
Repairs - painting walls	$368.00	Repairs - painting walls
Rubbish removal	$2,010.32	Rubbish removal
Replace water pump	$1,072.84	Replace water pump
Repairs to gib walls	$506.40	Repairs to gib walls
Lock/key replacement	$168.00	Lock/key replacement
Lawns	$100.00	Lawns
Replace curtains and tracks	$1,467.52	Replace curtains and tracks
Replace piping, tapware, vanity, hot water system	$7,954.50	Replace piping, tapware, vanity, hot water system
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$17,700.87
Total payable by Tenant to Landlord	$17,700.87

The landlord attended the hearing this morning. Both parties were notified by email of the change of scheduling from 2pm to 9.30am. The Registrar also spoke to the tenant and informed him of the change.

On 13 May 2024 the landlord applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

The bond of $1,400.00 was not paid by the tenant. Rent Arrears

The tenancy ended on 23 March 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. Rubbish, Locks, Curtains, Lawns

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 remove all rubbish. The exit inspection photographs show a considerable amount of rubbish left outside and a couch inside. The property was much tidier on 11 October 2023 when the property manager conducted the first inspection (the tenancy having started on 6 March 2023, initially under the owner’s management).

The tenant did not return the keys. The locks had to be changed to make the premises secure.

The curtains were missing at the end of the tenancy, The owner had to install new curtains and curtain rails.

The lawns needed mowing. 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 $480.00. 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.

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.

The premises were badly damaged at the end of the tenancy. The copper waste pipes under the house had been removed. This damaged the bottom of the hot water cylinder, which had to be replaced. The tapware on the laundry tub was missing, as was the water pump under the house. The bathroom vanity was cracked and there were punch holes in the walls. The landlord said she attended the property on 3 April 2024 to change the locks and returned on 5 April 2024 to conduct the exit inspection. There was no sign of a break-in at the premises.

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

I have reduced the claim for painting ($1,840.00) by 80% for depreciation/betterment. The property was likely built in the 1940’s and the walls probably required renovation in any event. I accept however that the walls still had some useful economic life. I have awarded $506.40 for damage to the walls (there were holes in the walls in the hallway, bedroom 2, and bedroom 3) and $368.00 for painting the walls after the repairs. Filing Fee

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

Claims and awards in Tenancy Tribunal application 4886023 — net $17,700.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 23 March 2024	$4,032.85	Rent to 23 March 2024
Repairs - painting walls	$368.00	Repairs - painting walls
Rubbish removal	$2,010.32	Rubbish removal
Replace water pump	$1,072.84	Replace water pump
Repairs to gib walls	$506.40	Repairs to gib walls
Lock/key replacement	$168.00	Lock/key replacement
Lawns	$100.00	Lawns
Replace curtains and tracks	$1,467.52	Replace curtains and tracks
Replace piping, tapware, vanity, hot water system	$7,954.50	Replace piping, tapware, vanity, hot water system
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$17,700.87
Total payable by Tenant to Landlord	$17,700.87

Order

Kane Kitcher must pay Port Property Management Limited - as Agent for The Estate of Glenn Ronald Wayne Bowler $17,700.87 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing this morning. Both parties were notified by email of the change of scheduling from 2pm to 9.30am. The Registrar also spoke to the tenant and informed him of the change.
On 13 May 2024 the landlord applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
The bond of $1,400.00 was not paid by the tenant. Rent Arrears
The tenancy ended on 23 March 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. Rubbish, Locks, Curtains, Lawns
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 remove all rubbish. The exit inspection photographs show a considerable amount of rubbish left outside and a couch inside. The property was much tidier on 11 October 2023 when the property manager conducted the first inspection (the tenancy having started on 6 March 2023, initially under the owner’s management).
The tenant did not return the keys. The locks had to be changed to make the premises secure.
The curtains were missing at the end of the tenancy, The owner had to install new curtains and curtain rails.
The lawns needed mowing. 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 $480.00. 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.
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.
The premises were badly damaged at the end of the tenancy. The copper waste pipes under the house had been removed. This damaged the bottom of the hot water cylinder, which had to be replaced. The tapware on the laundry tub was missing, as was the water pump under the house. The bathroom vanity was cracked and there were punch holes in the walls. The landlord said she attended the property on 3 April 2024 to change the locks and returned on 5 April 2024 to conduct the exit inspection. There was no sign of a break-in at the premises.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have reduced the claim for painting ($1,840.00) by 80% for depreciation/betterment. The property was likely built in the 1940’s and the walls probably required renovation in any event. I accept however that the walls still had some useful economic life. I have awarded $506.40 for damage to the walls (there were holes in the walls in the hallway, bedroom 2, and bedroom 3) and $368.00 for painting the walls after the repairs. Filing Fee
The landlord’s application has been successful. I award the filing fee.

Tenancy Tribunal case 4886023 — State of repair at 49 Cameron Road, Waiuku, Waiuku 2681

At a glance

Tenancy Tribunal case 4886023 — State of repair at 49 Cameron Road, Waiuku, Waiuku 2681

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