What was the outcome of Tenancy Tribunal case 5225675?

The tribunal order states: Estate of Miranda Dube to pay Teena Kennedy $2,456.96 from the bond,

How much money was awarded in case 5225675?

Filing Fee: $27.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $1,905.00 awarded to landlord; Water Rates: $124.96 awarded to landlord

What type of tenancy dispute was case 5225675?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5225675?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12102509-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5225675?

The tribunal order states: Estate of Miranda Dube to pay Teena Kennedy $2,456.96 from the bond,

How much money was awarded in case 5225675?

Filing Fee: $27.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $1,905.00 awarded to landlord; Water Rates: $124.96 awarded to landlord

What type of tenancy dispute was case 5225675?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5225675?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12102509-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 1, 231 St Johns Road, Saint Johns, Auckland Tenancy Tribunal Case 5225675 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 5225675 — net $2,456.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 February 2025	$1,905.00	Rent arrears to 7 February 2025
Water rates	$124.96	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Carpet replacement	$400.00	Carpet replacement
Net award	$2,456.96
Bond	$2,540.00
Total payable by Tenant to Landlord	$2,456.96

The landlord was represented in the hearing by Ms Kennedy from Barfoot and Thompson. The tenant’s son, as a representative of the respondent, has been served notice of the hearing to his email address but he did not attend the hearing. The landlord believes he may have left the country.

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 landlord provided information that shows the tenant was deceased on 3 December 2024. The tenant’s son was also living at the premises and he continued living there until 7 February 2025.

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $1,905.00 for rent arrears and $124.96 for outstanding water rates invoices.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord claims the tenant did not leave the premises reasonably clean and tidy. They are seeking $138.00 for cleaning the shower. The landlord produced photographs and an invoice in support of the claim and stated the shower tray was left dirty, and the glass doors were left grubby.

A tenant is not required to leave premises in the same standard as they were in at the beginning of the tenancy; the premises must be reasonably clean and tidy. A landlord will usually conduct deeper cleaning between tenancies. The standard of “reasonably clean” anticipates that some parts of the premises may not be perfect.

When I look at the photographs of the shower, it is not possible to see the dirt that the landlord is referring to in the shower tray. I accept it was not perfect and I accept the glass doors would have benefitted from extra cleaning. However, with the exception of the carpet, the photographs show the premises overall to have been left reasonable clean and tidy. 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 claims the tenant damaged the paintwork on the bathroom door and architrave, and on a shelf in a cupboard. The landlord produced photographs and an invoice for $850.00 in support of the claim.

When I look at the photographs, I can see the paint has been chipped around the bathroom lock, and on the sliding bathroom door adjacent to the lock. A photograph of a melamine shelf with what looks to be a stain is also included.

I note that the damaged paint looks like a “re-paint” which is likely to have been less durable than the original paint, and that the lock is somewhat small and fiddly. I have no doubt that the damage, which is not extensive, was caused not by careless use but in the course of normal daily usage. That is to say, I consider the damage to be fair wear and tear.

I am not satisfied that the damage to the cupboard shelf is such that warrants repainting. As noted above, the photograph shows what looks like a stain on a melamine shelf, which are generally not repainted. It is a lower shelf and therefore not as obvious as a shelf at eye level. Whereas I can accept the landlord has suffered some loss by the stain to the shelf, I consider it to be trivial and I do not make an award for it.

The landlord is claiming for $2,149.93 for replacement of the carpet. The photographs produced show the carpet to be considerably marked at the end of the tenancy. The marks are generally small. Photographs from the beginning of the tenancy show the carpet to be clear of these marks, although it does appear to have arrears of discolouration, which may be the result of sun damage and age. The landlord stated the carpet is probably approximately 8 years old, but was in very good condition at the start of the tenancy.

I must take into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

The Inland Revenue Department Depreciation Schedule lists residential carpets as having a depreciation life span of 8 years. That would account for the full life of the carpets in this tenancy, meaning that by the end of the tenancy the carpets have no residual value. However, considering the carpets were still in very good condition at the beginning of the tenancy, the landlord could have expected several more years of use from them.

The carpets have suffered damage during the tenancy, and the landlord has therefore suffered loss. Because of this I make a partial award in consideration of the landlord’s loss.

The amounts ordered are proved.

Because Teena Kennedy has substantially succeeded with the claim I have reimbursed the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5225675 — net $2,456.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 February 2025	$1,905.00	Rent arrears to 7 February 2025
Water rates	$124.96	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Carpet replacement	$400.00	Carpet replacement
Net award	$2,456.96
Bond	$2,540.00
Total payable by Tenant to Landlord	$2,456.96

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 landlord provided information that shows the tenant was deceased on 3 December 2024. The tenant’s son was also living at the premises and he continued living there until 7 February 2025.

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $1,905.00 for rent arrears and $124.96 for outstanding water rates invoices.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

Is the tenant responsible for the damage to the premises?

The carpets have suffered damage during the tenancy, and the landlord has therefore suffered loss. Because of this I make a partial award in consideration of the landlord’s loss.

The amounts ordered are proved.

Because Teena Kennedy has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5225675 — Rent arrears at Unit/Flat Flat 1, 231 St Johns Road, Saint Johns, Auckland

At a glance

Tenancy Tribunal case 5225675 — Rent arrears at Unit/Flat Flat 1, 231 St Johns Road, Saint Johns, Auckland

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions