What was the outcome of Tenancy Tribunal case 4886720?

The tribunal order states: The Bond Centre is to pay the bond of $1,470.00 (5891736-003) to Abc

How much money was awarded in case 4886720?

Filing Fee: $20.44 awarded to landlord; Kitchen Cabinet Doors Missing: $50.00 awarded to landlord; Remove Wallpaper On Lounge Wall And…: $100.00 awarded to landlord; Rent Arrears: $2,182.14 awarded to landlord; Rubbish Removal: $440.00 awarded to landlord; Water Rates: $385.17 awarded to landlord

What type of tenancy dispute was case 4886720?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4886720?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10917687-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4886720?

The tribunal order states: The Bond Centre is to pay the bond of $1,470.00 (5891736-003) to Abc

How much money was awarded in case 4886720?

Filing Fee: $20.44 awarded to landlord; Kitchen Cabinet Doors Missing: $50.00 awarded to landlord; Remove Wallpaper On Lounge Wall And…: $100.00 awarded to landlord; Rent Arrears: $2,182.14 awarded to landlord; Rubbish Removal: $440.00 awarded to landlord; Water Rates: $385.17 awarded to landlord

What type of tenancy dispute was case 4886720?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4886720?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10917687-Tenancy_Tribunal_Order.pdf.

57 Glendale Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4886720 — Rent arrears

Claims and awards in Tenancy Tribunal application 4886720 — net $1,707.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 April 2024	$2,182.14	Rent arrears to 18 April 2024
Water rates to 8 April 2024	$385.17	Water rates to 8 April 2024
Remove wallpaper on lounge wall and kitchen wall	$100.00	Remove wallpaper on lounge wall and kitchen wall
Kitchen cabinet doors missing	$50.00	Kitchen cabinet doors missing
Rubbish removal (skip bin and labour	$440.00	Rubbish removal (skip bin and labour
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,707.75
Total payable by Tenant to Landlord	$1,707.75

Order

The Bond Centre is to pay the bond of $1,470.00 (5891736-003) to Abc Property Management Limited immediately.
Vanessa Liki must pay Abc Property Management Limited $1,707.75 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing, represented by Mr Hui and Ms Li.
The landlord has applied for rent arrears, 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 rates?

The tenancy ended on 18 April 2024. The landlord provided rent records which show that rent of $2,182.14 and water rates invoices of $385.17 were owing at the end of the tenancy.
These amounts are proved.

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. Rubbish
The landlord says that the tenant did not remove all rubbish.
The landlord provided a selection of ingoing inspection photos showing the property to be tidy and a selection of outgoing inspection photos showing that the tenant had left behind a large amount of rubbish including two bed bases, carpet, a chair and a reasonably large amount of miscellaneous household rubbish.
The landlord has claimed the amount of $440.00 for rubbish removal, being $340 for a 6 cubic metre skip and $100 for the landlord’s own labour. The landlord provided a printout from payless bins showing the cost of the skip bin.
I consider that the amount claimed by the landlord is reasonable given the amount of rubbish left behind. I order compensation in the amount of $440.00 for rubbish removal. Wardrobe missing in small room
The landlord claimed that a wardrobe was missing at the end of the tenancy and claimed $335.00 for a replacement wardrobe.
The landlord provided a photo of the wardrobe up against a wall in the bedroom but only provided a photo from the end of the tenancy showing a different wall of the same bedroom. The landlord did not provide an invoice for the replacement wardrobe.
This claim is not 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.
The landlord claimed the following damage: Carpet and vinyl damage
The landlord provided a photo from the end of the tenancy showing a hole in both the vinyl and carpet at the junction between the kitchen and the lounge. The landlord sought $130 to repair both areas which I was told the owner fixed himself, although no photos were provided confirming the repair.
There were no photos of this area from the start of the tenancy and so I am unable find that this damage occurred during the tenancy. In any event the damage appears to be wear and tear.
The claim for carpet and vinyl damage is dismissed. Shower box door missing
The landlord claimed that the shower box door was removed during tenancy. The landlord claims $990.00 for a replacement door.
The landlord provided a photo from the start of the tenancy together with a photo from the end of the tenancy showing the door missing and a shower curtain installed.
The landlord said that the tenant agreed to fix the door, which broke in 2020, but never did. The landlord provided an email from the landlord to a tenant confirming that the tenant had agreed to do so but there was no acknowledgement from the tenant.
The landlord was unable to confirm that the shower door has been fixed and did not provide an invoice for the new door.
This claim is dismissed. Toilet and garage window glass broken
The landlord claimed that both the toilet and garage window glass were broken during the tenancy. The landlord claimed the sum of $150.00 for repairs.
The landlord provided a photo from the end of the tenancy showing that one of the glass slats in the toilet louvre windows had cracked. There were no photos from the start of the tenancy showing these windows and there was no photo showing a broken window in the garage. The landlord did not provide an invoice or evidence that the repairs had been done.
The landlord has not proved that the damage occurred during the tenancy. This claim is dismissed. Wallpaper removal
The landlord said that the tenant put up wallpaper on one wall in the lounge and a wall in the kitchen and on a cabinet door. The landlord produced photos from the start of the tenancy showing painted walls and photos from the end of the tenancy showing wallpaper in the lounge and kitchen, although the wallpapering is not complete and is coming off in places.
The owner removed the wallpaper themselves and seeks $150.00 for their time but did not provide any detail of the time spent.
I accept that the wallpapering was done during the tenancy and that the landlord will have spent time removing the wallpaper. I award the landlord $100.00 for the time spent removing the wallpaper which I consider to be reasonable compensation. Hole in wall
The landlord said that there were two small holes in the rear bedroom wall at the end of the tenancy. The owner has patched up the holes and seeks the sum of $100.00 for repair.
The landlord provided a photo from the end of the tenancy showing the holes but there was no photo from the start of the tenancy for comparison. When I queried this with Mr Hui he told me that if there had been damage at the start of the tenancy the tenant would have noted it on the pre-inspection report. However I was not provided with a copy of the pre-inspection report and have no way of knowing whether it was raised or not.
It is for the landlord to prove that the damage occurred during the tenancy and I find that the landlord has failed to do so. Replacement of kitchen cabinet doors
The landlord said that two of the kitchen doors were missing at the end of the tenancy. The landlord provided a photo from the start of the tenancy showing that the doors were intact and a photo from the end of the tenancy showing that two doors were missing.
The landlord sought $200.00 for replacement doors but did not provide an invoice. I accept that the landlord has suffered some loss because the doors were missing. Given the age of the kitchen cabinets I consider that compensation in the amount of $50.00 to be reasonable. Filing fee and name suppression
Because Abc Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord did not seek name suppression.

Claims and awards in Tenancy Tribunal application 4886720 — net $1,707.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 April 2024	$2,182.14	Rent arrears to 18 April 2024
Water rates to 8 April 2024	$385.17	Water rates to 8 April 2024
Remove wallpaper on lounge wall and kitchen wall	$100.00	Remove wallpaper on lounge wall and kitchen wall
Kitchen cabinet doors missing	$50.00	Kitchen cabinet doors missing
Rubbish removal (skip bin and labour	$440.00	Rubbish removal (skip bin and labour
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,707.75
Total payable by Tenant to Landlord	$1,707.75

Order

The Bond Centre is to pay the bond of $1,470.00 (5891736-003) to Abc Property Management Limited immediately.
Vanessa Liki must pay Abc Property Management Limited $1,707.75 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing, represented by Mr Hui and Ms Li.
The landlord has applied for rent arrears, 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 rates?

The tenancy ended on 18 April 2024. The landlord provided rent records which show that rent of $2,182.14 and water rates invoices of $385.17 were owing at the end of the tenancy.
These amounts are proved.

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. Rubbish
The landlord says that the tenant did not remove all rubbish.
The landlord provided a selection of ingoing inspection photos showing the property to be tidy and a selection of outgoing inspection photos showing that the tenant had left behind a large amount of rubbish including two bed bases, carpet, a chair and a reasonably large amount of miscellaneous household rubbish.
The landlord has claimed the amount of $440.00 for rubbish removal, being $340 for a 6 cubic metre skip and $100 for the landlord’s own labour. The landlord provided a printout from payless bins showing the cost of the skip bin.
I consider that the amount claimed by the landlord is reasonable given the amount of rubbish left behind. I order compensation in the amount of $440.00 for rubbish removal. Wardrobe missing in small room
The landlord claimed that a wardrobe was missing at the end of the tenancy and claimed $335.00 for a replacement wardrobe.
The landlord provided a photo of the wardrobe up against a wall in the bedroom but only provided a photo from the end of the tenancy showing a different wall of the same bedroom. The landlord did not provide an invoice for the replacement wardrobe.
This claim is not 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.
The landlord claimed the following damage: Carpet and vinyl damage
The landlord provided a photo from the end of the tenancy showing a hole in both the vinyl and carpet at the junction between the kitchen and the lounge. The landlord sought $130 to repair both areas which I was told the owner fixed himself, although no photos were provided confirming the repair.
There were no photos of this area from the start of the tenancy and so I am unable find that this damage occurred during the tenancy. In any event the damage appears to be wear and tear.
The claim for carpet and vinyl damage is dismissed. Shower box door missing
The landlord claimed that the shower box door was removed during tenancy. The landlord claims $990.00 for a replacement door.
The landlord provided a photo from the start of the tenancy together with a photo from the end of the tenancy showing the door missing and a shower curtain installed.
The landlord said that the tenant agreed to fix the door, which broke in 2020, but never did. The landlord provided an email from the landlord to a tenant confirming that the tenant had agreed to do so but there was no acknowledgement from the tenant.
The landlord was unable to confirm that the shower door has been fixed and did not provide an invoice for the new door.
This claim is dismissed. Toilet and garage window glass broken
The landlord claimed that both the toilet and garage window glass were broken during the tenancy. The landlord claimed the sum of $150.00 for repairs.
The landlord provided a photo from the end of the tenancy showing that one of the glass slats in the toilet louvre windows had cracked. There were no photos from the start of the tenancy showing these windows and there was no photo showing a broken window in the garage. The landlord did not provide an invoice or evidence that the repairs had been done.
The landlord has not proved that the damage occurred during the tenancy. This claim is dismissed. Wallpaper removal
The landlord said that the tenant put up wallpaper on one wall in the lounge and a wall in the kitchen and on a cabinet door. The landlord produced photos from the start of the tenancy showing painted walls and photos from the end of the tenancy showing wallpaper in the lounge and kitchen, although the wallpapering is not complete and is coming off in places.
The owner removed the wallpaper themselves and seeks $150.00 for their time but did not provide any detail of the time spent.
I accept that the wallpapering was done during the tenancy and that the landlord will have spent time removing the wallpaper. I award the landlord $100.00 for the time spent removing the wallpaper which I consider to be reasonable compensation. Hole in wall
The landlord said that there were two small holes in the rear bedroom wall at the end of the tenancy. The owner has patched up the holes and seeks the sum of $100.00 for repair.
The landlord provided a photo from the end of the tenancy showing the holes but there was no photo from the start of the tenancy for comparison. When I queried this with Mr Hui he told me that if there had been damage at the start of the tenancy the tenant would have noted it on the pre-inspection report. However I was not provided with a copy of the pre-inspection report and have no way of knowing whether it was raised or not.
It is for the landlord to prove that the damage occurred during the tenancy and I find that the landlord has failed to do so. Replacement of kitchen cabinet doors
The landlord said that two of the kitchen doors were missing at the end of the tenancy. The landlord provided a photo from the start of the tenancy showing that the doors were intact and a photo from the end of the tenancy showing that two doors were missing.
The landlord sought $200.00 for replacement doors but did not provide an invoice. I accept that the landlord has suffered some loss because the doors were missing. Given the age of the kitchen cabinets I consider that compensation in the amount of $50.00 to be reasonable. Filing fee and name suppression
Because Abc Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord did not seek name suppression.

Tenancy Tribunal case 4886720 — Rent arrears at 57 Glendale Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 4886720 — Rent arrears at 57 Glendale Road, Glen Eden, Auckland 0602

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

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

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

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