What was the outcome of Tenancy Tribunal case 4939757?

The tribunal order states: Tuwhakairiora Callis Te Kawa must pay Mark Charles Crosbie $10,388.44

How much money was awarded in case 4939757?

Compensation: security camera and eq…: $899.00 awarded to landlord; Lawns and Garden Work: $1,063.75 awarded to landlord; Previous Order Application 4939757 D…: $1,535.37 awarded to landlord; Rent, And Loss Of Opportunity To Ren…: $1,724.32 awarded to landlord; Property Damage: $2,250.00 awarded to landlord; Rubbish Removal: $2,400.00 awarded to landlord; Rubbish Removal: $516.00 awarded to landlord

What type of tenancy dispute was case 4939757?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4939757?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10940168-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4939757?

The tribunal order states: Tuwhakairiora Callis Te Kawa must pay Mark Charles Crosbie $10,388.44

How much money was awarded in case 4939757?

Compensation: security camera and eq…: $899.00 awarded to landlord; Lawns and Garden Work: $1,063.75 awarded to landlord; Previous Order Application 4939757 D…: $1,535.37 awarded to landlord; Rent, And Loss Of Opportunity To Ren…: $1,724.32 awarded to landlord; Property Damage: $2,250.00 awarded to landlord; Rubbish Removal: $2,400.00 awarded to landlord; Rubbish Removal: $516.00 awarded to landlord

What type of tenancy dispute was case 4939757?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4939757?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10940168-Tribunal_Order.pdf.

646 Puketona Road, Haruru 0204 Tenancy Tribunal Case 4939757 — Property damage

Claims and awards in Tenancy Tribunal application 4939757 — net $10,388.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4939757 dated 01/08/2024	$1,535.37	Previous order application 4939757 dated 01/08/2024
Repairs: Insurance excess x 3, as detailed below	$2,250.00	Repairs: Insurance excess x 3, as detailed below
Rubbish removal: Dumping costs	$516.00	Rubbish removal: Dumping costs
Lawns, garden work, removal of green waste, removal of rubbish left on section	$1,063.75	Lawns, garden work, removal of green waste, removal of rubbish left on section
Compensation: security camera and equipment stolen by tenant	$899.00	security camera and equipment stolen by tenant
Landlord labour - Helping tenant move, rubbish removal, cleaning, repairs	$2,400.00	Landlord labour - Helping tenant move, rubbish removal, cleaning, repairs
Rent, and loss of opportunity to rent	$1,724.32	Rent, and loss of opportunity to rent
Net award	$10,388.44
Total payable by Tenant to Landlord	$10,388.44

Claims and awards in Tenancy Tribunal application 4939757 — net $10,388.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Previous order application 4939757 dated 01/08/2024

$1,535.37

Previous order application 4939757 dated 01/08/2024

Repairs: Insurance excess x 3, as detailed below

$2,250.00

Repairs: Insurance excess x 3, as detailed below

Rubbish removal: Dumping costs

$516.00

Rubbish removal: Dumping costs

Lawns, garden work, removal of green waste, removal of rubbish left on section

$1,063.75

Lawns, garden work, removal of green waste, removal of rubbish left on section

Compensation: security camera and equipment stolen by tenant

$899.00

security camera and equipment stolen by tenant

Landlord labour - Helping tenant move, rubbish removal, cleaning, repairs

$2,400.00

Landlord labour - Helping tenant move, rubbish removal, cleaning, repairs

Rent, and loss of opportunity to rent

$1,724.32

Rent, and loss of opportunity to rent

Net award

$10,388.44

Total payable by Tenant to Landlord

$10,388.44

Reasons

On 1 August 2024 I made an an order for termination of the tenancy and rent arrears. The bond was released the landlord. The hearing was adjourned to allow the landlord to bring a further claim for vacated costs.

The second hearing took place in Kaikohe on 10 October 2024. Mr Crosbie attended the hearing. There was no appearance by Mr Te Kawa.

Mr Crosbie said that: a. He allowed some time after the 1 August termination order for Mr Te Kawa to vacate the premises. They agreed a date of 16 August. b. He travelled to the property on that date, but Mr Te Kawa was obviously not ready to vacate. c. He changed the locks. d. The process of getting Mr Te Kawa and his belongings out of the property was drawn out and difficult. e. Mr Te Kawa left a substantial amount of rubbish and mess behind. There was also damage to the property.

Mr Crosbie made an insurance claim for the most significant instances of damage, which were: a. Heavily stained carpet throughout the house. b. Burns in the handbasin. c. Cracked toilet.

Mr Crosbie provided photographs showing all of this damage. The damage is beyond fair wear and tear, and it occurred during the tenancy. Mr Te Kawa is liable for the damage. The damage to the toilet and handbasin cannot be repaired. The carpet was so extensively stained that replacement of the carpet is justified. Mr Crosbie paid the amount of his insurance excess, $750.00, for each of these insurance claims.

Mr Crosbie engaged Crew Cut to mow the lawns and restore the garden to a reasonably clean and tidy condition. The property has a large section. Mr Crosbie had originally intended to use Crew Cut to maintain the section during the tenancy. Mr Te Kawa said that he would take care of the lawns and gardens and he negotiated a rent reduction for this. Mr Te Kawa operated a garden maintenance business.

Unfortunately, Mr Te Kawa did not maintain the garden at all. Mr Crosbie’s photographs show that the lawns and gardens were very overgrown at the end of the tenancy. It seems that Mr Te Kawa also dumped green waste, presumably from his business activity, onto the section. There was also rubbish left on the section, in particular a large number of wooden pallets.

The cost of removing rubbish and green waste and returning the garden to a reasonably clean and tidy condition is proven and is fair and reasonable having regard to Mr Crosbie’s photographs.

A security camera and base station was missing from the property at the end of the tenancy. Mr Crosbie subsequently discovered that Mr Te Kawa had sold the camera and base station to a second hand shop in Tauranga. The cost of replacing these items is proven.

The previous order awarded rent arrears to 1 August. Mr Crosbie sought rent arrears to 25 August, which is the date that the last of Mr Te Kawa’s belongings (excluding rubbish) were removed. My finding is that Mr Te Kawa is not liable for rent arrears beyond 16 August, which is the date that Mr Crosbie changed the locks. However, the landlord has been unable to re-let the premises due to the extent of mess and damage that Mr Te Kawa left behind. Therefore I will award compensation for less of rent for the additional period that Mr Crosbie is seeking.

Mr Crosbie seeks compensation for labour and travel costs. A landlord can seek reasonable labour costs for cleaning, rubbish removal, or repair work that they do themselves.

The Tribunal generally does not award travel costs to landlords who own properties outside of the area where they live – these are considered to be part of the cost of operating a business in another area.

In this instance Mr Crosbie carried out a substantial amount of work, assisting Mr Te Kawa to move (including driving a trailer load of belongings to the Far North), removing rubbish, cleaning, and carrying out repairs. At the date of hearing, 10 October, Mr Crosbie was still working on the property.

On the evidence available to me I will award compensation of $2,400.00 for the landlord’s labour.

Claims and awards in Tenancy Tribunal application 4939757 — net $10,388.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4939757 dated 01/08/2024	$1,535.37	Previous order application 4939757 dated 01/08/2024
Repairs: Insurance excess x 3, as detailed below	$2,250.00	Repairs: Insurance excess x 3, as detailed below
Rubbish removal: Dumping costs	$516.00	Rubbish removal: Dumping costs
Lawns, garden work, removal of green waste, removal of rubbish left on section	$1,063.75	Lawns, garden work, removal of green waste, removal of rubbish left on section
Compensation: security camera and equipment stolen by tenant	$899.00	security camera and equipment stolen by tenant
Landlord labour - Helping tenant move, rubbish removal, cleaning, repairs	$2,400.00	Landlord labour - Helping tenant move, rubbish removal, cleaning, repairs
Rent, and loss of opportunity to rent	$1,724.32	Rent, and loss of opportunity to rent
Net award	$10,388.44
Total payable by Tenant to Landlord	$10,388.44

Claims and awards in Tenancy Tribunal application 4939757 — net $10,388.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Previous order application 4939757 dated 01/08/2024

$1,535.37

Previous order application 4939757 dated 01/08/2024

Repairs: Insurance excess x 3, as detailed below

$2,250.00

Repairs: Insurance excess x 3, as detailed below

Rubbish removal: Dumping costs

$516.00

Rubbish removal: Dumping costs

Lawns, garden work, removal of green waste, removal of rubbish left on section

$1,063.75

Lawns, garden work, removal of green waste, removal of rubbish left on section

Compensation: security camera and equipment stolen by tenant

$899.00

security camera and equipment stolen by tenant

Landlord labour - Helping tenant move, rubbish removal, cleaning, repairs

$2,400.00

Landlord labour - Helping tenant move, rubbish removal, cleaning, repairs

Rent, and loss of opportunity to rent

$1,724.32

Rent, and loss of opportunity to rent

Net award

$10,388.44

Total payable by Tenant to Landlord

$10,388.44

Order

Tuwhakairiora Callis Te Kawa must pay Mark Charles Crosbie $10,388.44 immediately, calculated as shown in table below.

Reasons

On 1 August 2024 I made an an order for termination of the tenancy and rent arrears. The bond was released the landlord. The hearing was adjourned to allow the landlord to bring a further claim for vacated costs.
The second hearing took place in Kaikohe on 10 October 2024. Mr Crosbie attended the hearing. There was no appearance by Mr Te Kawa.
Mr Crosbie said that: a. He allowed some time after the 1 August termination order for Mr Te Kawa to vacate the premises. They agreed a date of 16 August. b. He travelled to the property on that date, but Mr Te Kawa was obviously not ready to vacate. c. He changed the locks. d. The process of getting Mr Te Kawa and his belongings out of the property was drawn out and difficult. e. Mr Te Kawa left a substantial amount of rubbish and mess behind. There was also damage to the property.
Mr Crosbie made an insurance claim for the most significant instances of damage, which were: a. Heavily stained carpet throughout the house. b. Burns in the handbasin. c. Cracked toilet.
Mr Crosbie provided photographs showing all of this damage. The damage is beyond fair wear and tear, and it occurred during the tenancy. Mr Te Kawa is liable for the damage. The damage to the toilet and handbasin cannot be repaired. The carpet was so extensively stained that replacement of the carpet is justified. Mr Crosbie paid the amount of his insurance excess, $750.00, for each of these insurance claims.
Mr Crosbie engaged Crew Cut to mow the lawns and restore the garden to a reasonably clean and tidy condition. The property has a large section. Mr Crosbie had originally intended to use Crew Cut to maintain the section during the tenancy. Mr Te Kawa said that he would take care of the lawns and gardens and he negotiated a rent reduction for this. Mr Te Kawa operated a garden maintenance business.
Unfortunately, Mr Te Kawa did not maintain the garden at all. Mr Crosbie’s photographs show that the lawns and gardens were very overgrown at the end of the tenancy. It seems that Mr Te Kawa also dumped green waste, presumably from his business activity, onto the section. There was also rubbish left on the section, in particular a large number of wooden pallets.
The cost of removing rubbish and green waste and returning the garden to a reasonably clean and tidy condition is proven and is fair and reasonable having regard to Mr Crosbie’s photographs.
A security camera and base station was missing from the property at the end of the tenancy. Mr Crosbie subsequently discovered that Mr Te Kawa had sold the camera and base station to a second hand shop in Tauranga. The cost of replacing these items is proven.
The previous order awarded rent arrears to 1 August. Mr Crosbie sought rent arrears to 25 August, which is the date that the last of Mr Te Kawa’s belongings (excluding rubbish) were removed. My finding is that Mr Te Kawa is not liable for rent arrears beyond 16 August, which is the date that Mr Crosbie changed the locks. However, the landlord has been unable to re-let the premises due to the extent of mess and damage that Mr Te Kawa left behind. Therefore I will award compensation for less of rent for the additional period that Mr Crosbie is seeking.
Mr Crosbie seeks compensation for labour and travel costs. A landlord can seek reasonable labour costs for cleaning, rubbish removal, or repair work that they do themselves.
The Tribunal generally does not award travel costs to landlords who own properties outside of the area where they live – these are considered to be part of the cost of operating a business in another area.
In this instance Mr Crosbie carried out a substantial amount of work, assisting Mr Te Kawa to move (including driving a trailer load of belongings to the Far North), removing rubbish, cleaning, and carrying out repairs. At the date of hearing, 10 October, Mr Crosbie was still working on the property.
On the evidence available to me I will award compensation of $2,400.00 for the landlord’s labour.

Tenancy Tribunal case 4939757 — Property damage at 646 Puketona Road, Haruru 0204

At a glance

Tenancy Tribunal case 4939757 — Property damage at 646 Puketona Road, Haruru 0204

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions