What was the outcome of Tenancy Tribunal case 4895720?

The tribunal order states: Cara Tasker and Zaine Kingi must pay Udy Realty Limited Acting Agent For

How much money was awarded in case 4895720?

Cost To Replace And Replant 14 Rome…: $12,315.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4895720?

The dispute type was not classified.

Where can I read the official tribunal order for case 4895720?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11270126-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4895720?

The tribunal order states: Cara Tasker and Zaine Kingi must pay Udy Realty Limited Acting Agent For

How much money was awarded in case 4895720?

Cost To Replace And Replant 14 Rome…: $12,315.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4895720?

The dispute type was not classified.

Where can I read the official tribunal order for case 4895720?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11270126-Tribunal_Order.pdf.

94 Luckens Road, West Harbour, Auckland 0618 Tenancy Tribunal Case 4895720 — Tenancy dispute

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94 Luckens Road, West Harbour, Auckland 0618 Tenancy Tribunal Case 4895720 — Tenancy dispute | 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 4895720. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cost to replace and replant 14 Rome Cypress/Thuja Smargd trees removed by the tenant	$12,315.00		Cost to replace and replant 14 Rome Cypress/Thuja Smargd trees removed by the tenant
Tribunal filing fee reimbursement	$20.44		Tribunal filing fee reimbursement

Claims and awards for application 4895720. Verify on MoJ.

Cost to replace and replant 14 Rome Cypress/Thuja Smargd trees removed by the tenant

Amount: $12,315.00
Awarded to: Landlord
Reason: Cost to replace and replant 14 Rome Cypress/Thuja Smargd trees removed by the tenant

Tribunal filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Tribunal filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee

Order

Cara Tasker and Zaine Kingi must pay Udy Realty Limited Acting Agent For Jianya Wu $12,335.44 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing. Calls to the tenant went unanswered.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord says that the tenants removed 14 pine trees (over 3 meter high) situated on the driveway at 94 Luckens Road without their permission. The landlord seeks an award of $19,761.6 which consists of $12,351.00 for the purchase of 14 small trees, transportation, and tree planting, and an additional 60% of the investment cost as compensation, of $7,410.60.
These small trees are 1.8-2 meters tall, and it would take at least 3-5 years to grow to 3-4 meters (being the height before the tenant removed them), and there is no guarantee that the small trees will grow into big trees during the growth process (as some may die young).
The landlord says that trees require additional investment of time and material resources. Since it cannot be restored to its original appearance at once, the landlord seeks $19,761.60 as compensation calculated above. The trees in question are 14 Rome Cypress/Thuja Smargd trees.

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.
Like chattels, the tenant was obliged to return trees at the premises in their existing condition at the end of the tenancy. I am satisfied from the landlord’s evidence filed that the tenants have intentionally removed the trees without the landlord’s permission.
Consequently, the tenant is obliged to compensate the landlord for actual or reasonable costs to remedy the tenant’s breach of removing the trees. I am satisfied from the quote issued by arborists that it will cost $12,351.00 for the purchase of 14 small trees, transportation, removal of stumps and tree replanting and costs for purchase of fertiliser and garden mix.
I however reject the additional claim for of $7,410.60 being “60% of the investment cost as compensation” sought by the landlord. I consider those costs too remote; the projected loss is not a certainty in terms of calculating the landlord’s loss in the circumstances. There is every chance that 14 young trees will grow into their previous height (prior to removal by the tenants) if planted properly by arborists as indicated in the quote dated 4 May 2024 by Mojo Garden Care, and maintained accordingly.
Only the amounts ordered are proved, including reimbursement of the Tribunal filing fee.

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 4895720. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cost to replace and replant 14 Rome Cypress/Thuja Smargd trees removed by the tenant	$12,315.00		Cost to replace and replant 14 Rome Cypress/Thuja Smargd trees removed by the tenant
Tribunal filing fee reimbursement	$20.44		Tribunal filing fee reimbursement

Claims and awards for application 4895720. Verify on MoJ.

Cost to replace and replant 14 Rome Cypress/Thuja Smargd trees removed by the tenant

Amount: $12,315.00
Awarded to: Landlord
Reason: Cost to replace and replant 14 Rome Cypress/Thuja Smargd trees removed by the tenant

Tribunal filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Tribunal filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee

Order

Cara Tasker and Zaine Kingi must pay Udy Realty Limited Acting Agent For Jianya Wu $12,335.44 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing. Calls to the tenant went unanswered.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord says that the tenants removed 14 pine trees (over 3 meter high) situated on the driveway at 94 Luckens Road without their permission. The landlord seeks an award of $19,761.6 which consists of $12,351.00 for the purchase of 14 small trees, transportation, and tree planting, and an additional 60% of the investment cost as compensation, of $7,410.60.
These small trees are 1.8-2 meters tall, and it would take at least 3-5 years to grow to 3-4 meters (being the height before the tenant removed them), and there is no guarantee that the small trees will grow into big trees during the growth process (as some may die young).
The landlord says that trees require additional investment of time and material resources. Since it cannot be restored to its original appearance at once, the landlord seeks $19,761.60 as compensation calculated above. The trees in question are 14 Rome Cypress/Thuja Smargd trees.

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.
Like chattels, the tenant was obliged to return trees at the premises in their existing condition at the end of the tenancy. I am satisfied from the landlord’s evidence filed that the tenants have intentionally removed the trees without the landlord’s permission.
Consequently, the tenant is obliged to compensate the landlord for actual or reasonable costs to remedy the tenant’s breach of removing the trees. I am satisfied from the quote issued by arborists that it will cost $12,351.00 for the purchase of 14 small trees, transportation, removal of stumps and tree replanting and costs for purchase of fertiliser and garden mix.
I however reject the additional claim for of $7,410.60 being “60% of the investment cost as compensation” sought by the landlord. I consider those costs too remote; the projected loss is not a certainty in terms of calculating the landlord’s loss in the circumstances. There is every chance that 14 young trees will grow into their previous height (prior to removal by the tenants) if planted properly by arborists as indicated in the quote dated 4 May 2024 by Mojo Garden Care, and maintained accordingly.
Only the amounts ordered are proved, including reimbursement of the Tribunal filing fee.

Tenancy Tribunal case 4895720 — Tenancy dispute at 94 Luckens Road, West Harbour, Auckland 0618

At a glance

Tenancy Tribunal case 4895720 — Tenancy dispute at 94 Luckens Road, West Harbour, Auckland 0618

At a glance

Claims & awards

Order

Reasons

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

Claims & awards

Order

Reasons

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