What was the outcome of Tenancy Tribunal case 5201914?

The tribunal order states: Winsom Simmons must pay The Rent Shop Limited $992.05 immediately,

How much money was awarded in case 5201914?

Additional Cost To Carpet Hallway: $630.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Painting Doors/Window Trims: $810.00 awarded to landlord; Rent: $1,097.55 awarded to landlord; Water Charges To End Of Tenancy: $427.50 awarded to landlord

What type of tenancy dispute was case 5201914?

The dispute type was not classified.

Where can I read the official tribunal order for case 5201914?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11998932-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5201914?

The tribunal order states: Winsom Simmons must pay The Rent Shop Limited $992.05 immediately,

How much money was awarded in case 5201914?

Additional Cost To Carpet Hallway: $630.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Painting Doors/Window Trims: $810.00 awarded to landlord; Rent: $1,097.55 awarded to landlord; Water Charges To End Of Tenancy: $427.50 awarded to landlord

What type of tenancy dispute was case 5201914?

The dispute type was not classified.

Where can I read the official tribunal order for case 5201914?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11998932-Tribunal_Order.pdf.

17 Kudu Road, Otara, Auckland 2023 Tenancy Tribunal Case 5201914 — Tenancy dispute

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Reasons

Claims and awards in Tenancy Tribunal application 5201914 — net $992.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 2 March 2025	$1,097.55	Rent to 2 March 2025
Water charges to end of tenancy	$427.50	Water charges to end of tenancy
Painting doors/window trims	$810.00	Painting doors/window trims
Additional cost to carpet hallway	$630.00	Additional cost to carpet hallway
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$992.05
Total payable by Tenant to Landlord	$992.05

Both parties attended the hearing on 10 June 2025.

The landlord applied for rent arrears, water charges, and compensation following the end of the tenancy. Rent and Water

The landlord claimed $1,097.55 for rent from 18 February 2025 until 2 March 2025. The claim was supported by a rent summary.

The tenant said WINZ stopped paying rent on 14 February 2025 when she moved out. She could not afford to pay rent on two properties at the same time.

My understanding is that the tenant was given notice of termination of the tenancy because the landlord wanted to perform renovations. The tenant’s liability for rent continued until the end of the tenancy on 2 March 2025, in accordance with the notice. The tenancy did not end when the tenant vacated.

The landlord claimed $427.50 for water charges. The tenant did not really dispute this claim. It is supported by a water summary and invoices. Damage

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 rent was $650.00 per week. The insurance excess was $2,150.00.

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.

The premises had wooden flooring. The landlord was planning on performing renovations following the end of the tenancy, but not all the floors were to be carpeted. The landlord claimed $630.00 for carpet to replace paint-damaged flooring in the hallway. The landlord also claimed $810.00 for repainting doors and window trims.

Before the end of the tenancy the tenant painted the interior walls and doors. In an email dated 17 March 2025, the property manager said that the tenant had painted the windows and door trims with the wrong type of paint. This needed to be sanded off and then painted with semi-gloss and not low sheen wall paint. The property manager said the work had been done without approval and had dropped a lot of paint on the wooden floors. The owner now had to either get the floor sanded or carpeted.

The landlord’s photographs show paint splashed on the wooden hallway floor. The landlord says the owner incurred additional costs carpeting the hallway and this was not part of the planned renovations. The photographs also show doors that had been painted and some paint damage to walls. The landlord said some of the walls had not been prepared properly and other areas showed overuse of paint which needed to be stripped back to achieve a proper finish. Additionally, some hardware had been painted over which needed to be stripped back.

The tenant said she had permission to repaint the walls. She referred to clause 20 of the tenancy agreement. The tenant said she was a qualified painter and provided certificates relating to her qualifications.

Clause 20 of the tenancy agreement gave permission for the tenant to hang pictures on the walls and required the tenant to repaint the walls at the end of the tenancy at her cost. The repainting was performed in purported compliance with this provision.

I find that the tenant carelessly damaged the premises. I accept the landlord’s submission that the photographs show the paint work was not to a high standard. There were multiple paint splashes on the wooden flooring and items of hardware such as doorknobs had been painted over. I consider this would not have been the case if the painting had been performed with reasonable care.

The landlord said they were claiming the difference between the cost of the invoice for installing carpets to the lounge, hallway and 4 bedrooms ($4,150.00 plus GST) and a quotation from the same company excluding the hallway ($3,520.00 plus GST). I calculate the difference to be $724.50. The landlord has claimed $630.00. I award the amount claimed.

The tenant contended that the paint splashes on the wooden flooring could simply have been cleaned off. The landlord said that carpeting was less expensive than removing paint from the wooden floors. The landlord provided an email from a flooring company which stated that grinding the floors back and applying polyurethane would be more expensive than carpeting.

The tenant was directed to provide any further evidence relating to the claim for paint damage by Friday 13 June 2025. The Tribunal was particularly interested in the tenant’s view that the spilled paint could have easily been cleaned. The Tribunal requested that a video of the premises, shown by the tenant on her phone, be emailed to the Tribunal. No further evidence has been provided by the tenant.

The tenant said she used water-based paint, with the implication that this could be removed easily. The only information before the Tribunal is from the flooring company. This indicates that the floors either had to be ground back or carpeted. It does not suggest they could simply be cleaned.

I am not satisfied that the landlord could have repaired the floors at a lower price by cleaning them. I award the amounts claimed for remediating the paint damage. Filing Fee

The landlord’s application has succeeded. I must award the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5201914 — net $992.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 2 March 2025	$1,097.55	Rent to 2 March 2025
Water charges to end of tenancy	$427.50	Water charges to end of tenancy
Painting doors/window trims	$810.00	Painting doors/window trims
Additional cost to carpet hallway	$630.00	Additional cost to carpet hallway
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$992.05
Total payable by Tenant to Landlord	$992.05

Both parties attended the hearing on 10 June 2025.

The landlord applied for rent arrears, water charges, and compensation following the end of the tenancy. Rent and Water

The landlord claimed $1,097.55 for rent from 18 February 2025 until 2 March 2025. The claim was supported by a rent summary.

The tenant said WINZ stopped paying rent on 14 February 2025 when she moved out. She could not afford to pay rent on two properties at the same time.

The landlord claimed $427.50 for water charges. The tenant did not really dispute this claim. It is supported by a water summary and invoices. Damage

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.

I am not satisfied that the landlord could have repaired the floors at a lower price by cleaning them. I award the amounts claimed for remediating the paint damage. Filing Fee

The landlord’s application has succeeded. I must award the filing fee.

Tenancy Tribunal case 5201914 — Tenancy dispute at 17 Kudu Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5201914 — Tenancy dispute at 17 Kudu Road, Otara, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

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Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions