What was the outcome of Tenancy Tribunal case 4892980?

The tribunal order states: Kayla Gukibau to pay Kingdom Home Property Management Limited As Agent

How much money was awarded in case 4892980?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4799818 D…: $1,360.44 awarded to landlord; Property Damage: $163.60 awarded to landlord; Property Damage: $590.00 awarded to landlord; Water Rates: $375.05 awarded to landlord

What type of tenancy dispute was case 4892980?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4892980?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10875633-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4892980?

The tribunal order states: Kayla Gukibau to pay Kingdom Home Property Management Limited As Agent

How much money was awarded in case 4892980?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4799818 D…: $1,360.44 awarded to landlord; Property Damage: $163.60 awarded to landlord; Property Damage: $590.00 awarded to landlord; Water Rates: $375.05 awarded to landlord

What type of tenancy dispute was case 4892980?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4892980?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10875633-Tenancy_Tribunal_Order.pdf.

2 Fitzwater Place, Henderson, Auckland 0612 Tenancy Tribunal Case 4892980 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4892980 — net $2,509.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4799818 dated 27/03/2024	$1,360.44	Previous order application 4799818 dated 27/03/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$375.05	Water rates
Lock/key replacement	$163.60	Lock/key replacement
Repairs	$590.00	Repairs
Net award	$2,509.53
Bond	$2,600.00
Total payable by Tenant to Landlord	$2,509.53

Kayla Gukibau to pay Kingdom Home Property Management Limited As Agent For Ellys Susilowati $2,509.53 from the bond, calculated as shown in table below.

This order incorporates the Tribunal order made on 27 March 2024 under application 4799818.

The Bond Centre is to pay the bond of $2,600.00 (6423411-005) immediately apportioned as follows: Kingdom Home Property Management Limited As Agent For Ellys Susilowati: $2,509.53 Kayla Gukibau: $90.47

Reasons

Both parties attended the hearing, conducted via video conference.

The landlord has applied for rent arrears (prior order), 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 3 April 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

The tenant accepted the formal invoices but disputed the final meter read. The landlord provided a photo showing the meter reading 1082.323. The tenant claims to have also read the meter at exit and noted 1079.285. No photographic evidence of this was provided. An opportunity to do so was provided but to date nothing has been received. The difference between the two reading is minimal – at 3 cubic meters at a cost of approximately $6.00.

I have revised down the landlord amount by $3.00 to reflect some additional water usage. This shares the water cost equally, ignoring the waste water charge calculated off consumption.

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.

The statutory requirement is that tenants leave the premises in a reasonably clean and reasonably tidy condition. The RTA allows for fair wear and tear. A tenant is not required to leave a property spotless or even in a condition where the landlord would be happy to rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and all personal items removed. A tenant is not required to rigorously clean all walls, ceilings lightshades, skirtings, behind appliances or the outside of the house. It is common that a landlord wishes to clean to this “extra” level so that they can re-tenant or sell. However, that is a business decision that a landlord makes at their cost.

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.

“Fair wear” is deterioration caused by the reasonable use of the premises. “Fair tear” is deterioration caused by the ordinary operation of the forces of nature. Importantly, intentional or careless damage are not fair wear and tear. The landlord must prove that damage is beyond fair wear and tear for compensation.

The landlord produced a single invoice with the following line items:

Fixing wallpaper with holes $ -

Re-install smoke alarms $ 160.00

Fixed garage door keyhole. Playdough was inside. $ 30.00

Remove blurred plastic from windows in living room $ 150.00

Cleaning ceiling and wallpaper $ 100.00

Remove stars on bedroom celling $ 100.00

Clean range hood. $ -

Pick up rubbish left around the garden and compost bin. $ 50.00 $ 590.00

The tenant did not leave all of the premises reasonably clean and tidy, and did not remove all rubbish. The failures in both regards were minimal as reflected by the compensation established.

The tenant did not return all keys and a garage remote.

The landlord had to replace light bulbs two smoke alarm batteries.

The amounts ordered are proved. The dollar amount next to each invoice line item above is the award. The balance of the invoice is the landlord’s cost.

The landlord also made a claim for $120.00 for lawn mowing incurred during the tenancy. This was arranged at short notice in response to a neighbour complaining and the tenant was not given time to remedy. The premises contains a large lawn and that was generally well maintained during, and at the end of the tenancy.

The landlord also sought compensation of $115.00, being a “reinspection fee”. This is considered a cost of business for the agent that was not charged to the owner. I do not consider this establishes a loss that should be compensated. The service fees the agency charges the owner would be expected to allow for such business-as-usual costs. Previous order

On 27 March 2024 the Tribunal made an order relating to this tenancy, for termination, rent arrears to 3 April 2024 and the application filing fee. The previous order is incorporated into this order for enforcement purposes. Filing fee

Because Kingdom Home Property Management Limited As Agent For Ellys Susilowati has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4892980 — net $2,509.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4799818 dated 27/03/2024	$1,360.44	Previous order application 4799818 dated 27/03/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$375.05	Water rates
Lock/key replacement	$163.60	Lock/key replacement
Repairs	$590.00	Repairs
Net award	$2,509.53
Bond	$2,600.00
Total payable by Tenant to Landlord	$2,509.53

Order

Kayla Gukibau to pay Kingdom Home Property Management Limited As Agent For Ellys Susilowati $2,509.53 from the bond, calculated as shown in table below.
This order incorporates the Tribunal order made on 27 March 2024 under application 4799818.
The Bond Centre is to pay the bond of $2,600.00 (6423411-005) immediately apportioned as follows: Kingdom Home Property Management Limited As Agent For Ellys Susilowati: $2,509.53 Kayla Gukibau: $90.47

Reasons

Both parties attended the hearing, conducted via video conference.
The landlord has applied for rent arrears (prior order), 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 3 April 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The tenant accepted the formal invoices but disputed the final meter read. The landlord provided a photo showing the meter reading 1082.323. The tenant claims to have also read the meter at exit and noted 1079.285. No photographic evidence of this was provided. An opportunity to do so was provided but to date nothing has been received. The difference between the two reading is minimal – at 3 cubic meters at a cost of approximately $6.00.
I have revised down the landlord amount by $3.00 to reflect some additional water usage. This shares the water cost equally, ignoring the waste water charge calculated off consumption.

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.
The statutory requirement is that tenants leave the premises in a reasonably clean and reasonably tidy condition. The RTA allows for fair wear and tear. A tenant is not required to leave a property spotless or even in a condition where the landlord would be happy to rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and all personal items removed. A tenant is not required to rigorously clean all walls, ceilings lightshades, skirtings, behind appliances or the outside of the house. It is common that a landlord wishes to clean to this “extra” level so that they can re-tenant or sell. However, that is a business decision that a landlord makes at their cost.
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.
“Fair wear” is deterioration caused by the reasonable use of the premises. “Fair tear” is deterioration caused by the ordinary operation of the forces of nature. Importantly, intentional or careless damage are not fair wear and tear. The landlord must prove that damage is beyond fair wear and tear for compensation.
The landlord produced a single invoice with the following line items:
Fixing wallpaper with holes $ -
Re-install smoke alarms $ 160.00
Fixed garage door keyhole. Playdough was inside. $ 30.00
Remove blurred plastic from windows in living room $ 150.00
Cleaning ceiling and wallpaper $ 100.00
Remove stars on bedroom celling $ 100.00
Clean range hood. $ -
Pick up rubbish left around the garden and compost bin. $ 50.00 $ 590.00
The tenant did not leave all of the premises reasonably clean and tidy, and did not remove all rubbish. The failures in both regards were minimal as reflected by the compensation established.
The tenant did not return all keys and a garage remote.
The landlord had to replace light bulbs two smoke alarm batteries.
The amounts ordered are proved. The dollar amount next to each invoice line item above is the award. The balance of the invoice is the landlord’s cost.
The landlord also made a claim for $120.00 for lawn mowing incurred during the tenancy. This was arranged at short notice in response to a neighbour complaining and the tenant was not given time to remedy. The premises contains a large lawn and that was generally well maintained during, and at the end of the tenancy.
The landlord also sought compensation of $115.00, being a “reinspection fee”. This is considered a cost of business for the agent that was not charged to the owner. I do not consider this establishes a loss that should be compensated. The service fees the agency charges the owner would be expected to allow for such business-as-usual costs. Previous order
On 27 March 2024 the Tribunal made an order relating to this tenancy, for termination, rent arrears to 3 April 2024 and the application filing fee. The previous order is incorporated into this order for enforcement purposes. Filing fee
Because Kingdom Home Property Management Limited As Agent For Ellys Susilowati has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4892980 — Property damage at 2 Fitzwater Place, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 4892980 — Property damage at 2 Fitzwater Place, Henderson, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

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 rates?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions