What was the outcome of Tenancy Tribunal case 5408631?

The tribunal order states: Francine Bella Yukich must pay Mid North Real Estate Limited As Agent For

How much money was awarded in case 5408631?

Cleaning: $300.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Heat Pump Remote - Missing: $115.00 awarded to landlord; Property Damage: $233.69 awarded to landlord; Property Damage: $339.25 awarded to landlord; Fence And Shower: $642.85 awarded to landlord; Property Damage: $2,115.66 awarded to landlord; Wall Painting: $379.50 awarded to landlord; Water Rates: $954.80 awarded to landlord

What type of tenancy dispute was case 5408631?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5408631?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13356352-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5408631?

The tribunal order states: Francine Bella Yukich must pay Mid North Real Estate Limited As Agent For

How much money was awarded in case 5408631?

Cleaning: $300.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Heat Pump Remote - Missing: $115.00 awarded to landlord; Property Damage: $233.69 awarded to landlord; Property Damage: $339.25 awarded to landlord; Fence And Shower: $642.85 awarded to landlord; Property Damage: $2,115.66 awarded to landlord; Wall Painting: $379.50 awarded to landlord; Water Rates: $954.80 awarded to landlord

What type of tenancy dispute was case 5408631?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5408631?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13356352-Tenancy_Tribunal_Order.pdf.

27A Totara Place, Kaikohe, Kaikohe 0405 Tenancy Tribunal Case 5408631 — Property damage

Claims and awards in Tenancy Tribunal application 5408631 — net $5,108.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to end of tenancy	$954.80	Water rates to end of tenancy
Cleaning	$300.00	Cleaning
Lock/key replacement	$233.69	Lock/key replacement
Heat pump remote - missing	$115.00	Heat pump remote - missing
Door replacement	$339.25	Door replacement
Repairs: wall damage - plastering	$2,115.66	Repairs: wall damage - plastering
Repairs: Wall painting	$379.50	Repairs: Wall painting
Repairs: fence and shower	$642.85	Repairs: fence and shower
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,108.75
Total payable by Tenant to Landlord	$5,108.75

Order

Francine Bella Yukich must pay Mid North Real Estate Limited As Agent For Clair Hales $5,108.75 immediately, calculated as shown in table below.

The balance of the claim is dismissed.

Reasons

The landlord attended the hearing by phone.
The tenant did not connect to the remote hearing. The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in their absence.
The landlord has applied for water rates, compensation, and reimbursement of the filing fee following the end of the tenancy. The tenancy commenced on 9 September 2016 and ended on 7 September 2025 Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

How much is owed for water rates?

The tenant is responsible for water consumption charges. 1 The landlord provided water rates invoices and the meter reading which prove the amount owing at the end of the tenancy. The amount ordered is $954.80. The Law – tenant’s obligations at the end of the tenancy
At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 2 The Law - Tenants responsibility for damage
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 3 1 See section 39 RTA. 2 See section 40(1)(e) of the RTA. 3 See s 40 (2)(a) of the RTA.
Where a landlord is claiming compensation for 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. 4
Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 5
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 four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). 6 Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). 7 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 8
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. 9 Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. 10
In assessing a claim for compensation, 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. Cleaning and rubbish removal
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord has already used part of the bond towards rubbish removal costs incurred. The Tribunal has made no determination about that cost. 4 See sections 40(2)(a), 41 and 49B RTA. 5 See Taylor v Webb [1937] 2KB 283 (CA). 6 See section 49B(3)(a) RTA. 7 See section 49B(3)(b) RTA. 8 See section 49B(3A)(a) RTA. 9 See section 49B(1) RTA. 10 See Guo v Korck [2019] NZHC 1541.
The landlord provided photographs and an invoice in support of the claim for cleaning. The landlord claims $300 for cleaning, and I order this amount. Lock/key replacement
The tenant did not return the keys. The invoice for the key replacement was for $253. The landlord has used $19.31 of the bond for part of the lock replacement. The balance of $233.69 is ordered. Chattels
The following chattels were missing at the end of the tenancy: Heat pump remote. The amount ordered of $115 for the heat pump remote is proved with oral evidence and an invoice. Door damage
Two doors were damaged during the tenancy. The landlord claims $339.25 being the replacement cost of two doors which the landlord says were of inferior quality to the original door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved with oral evidence, a pre-tenancy property inspection report, post-tenancy photographs, and an invoice. Wall damage
Walls throughout the premises were damaged with holes and chips. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage appears to be largely intentional.
The landlord claims $2115.66 for plastering holes in the walls. This claim is for repairing the wall damage; therefore I will make an order for the full amount for the plastering.
The landlord claims $2,277 for painting. The interior was fully repainted at a total cost of $7,590. Current depreciation guidelines estimate the life of painted wall in a rental property is between 5 – 14 years. These walls were painted approximately 16 years prior to the end of the tenancy. The property inspection report at the start of the tenancy says that overall the walls were quite tidy, but no photographs were provided from the start of the tenancy for me to assess the walls at that time. In taking into account that there was a significant amount of wall damage but also that the premises was likely due for a repaint I will order compensation of $379.50 being 5% of the full interior repaint, which I consider reasonably compensates the landlord for the tenant’s breach.
The amounts ordered are proved with oral evidence, a pre-tenancy property inspection report, post-tenancy photographs and invoices. Other damage
The fence was removed during the tenancy and had to be reinstalled. The shower mixed was broken and the shower wall was cracked. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved with oral evidence, post-tenancy photographs, and an invoice. The amount ordered is $642.85.

FILING FEE AND SUPPRESSION

Because the applicant has been wholly or partly successful in their claim, I have ordered that the respondent pay the applicant the application filing fee of $28.
The landlord did not seek name suppression.

Claims and awards in Tenancy Tribunal application 5408631 — net $5,108.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to end of tenancy	$954.80	Water rates to end of tenancy
Cleaning	$300.00	Cleaning
Lock/key replacement	$233.69	Lock/key replacement
Heat pump remote - missing	$115.00	Heat pump remote - missing
Door replacement	$339.25	Door replacement
Repairs: wall damage - plastering	$2,115.66	Repairs: wall damage - plastering
Repairs: Wall painting	$379.50	Repairs: Wall painting
Repairs: fence and shower	$642.85	Repairs: fence and shower
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,108.75
Total payable by Tenant to Landlord	$5,108.75

Order

Francine Bella Yukich must pay Mid North Real Estate Limited As Agent For Clair Hales $5,108.75 immediately, calculated as shown in table below.

The balance of the claim is dismissed.

Reasons

The landlord attended the hearing by phone.
The tenant did not connect to the remote hearing. The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in their absence.
The landlord has applied for water rates, compensation, and reimbursement of the filing fee following the end of the tenancy. The tenancy commenced on 9 September 2016 and ended on 7 September 2025 Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

How much is owed for water rates?

The tenant is responsible for water consumption charges. 1 The landlord provided water rates invoices and the meter reading which prove the amount owing at the end of the tenancy. The amount ordered is $954.80. The Law – tenant’s obligations at the end of the tenancy
At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 2 The Law - Tenants responsibility for damage
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 3 1 See section 39 RTA. 2 See section 40(1)(e) of the RTA. 3 See s 40 (2)(a) of the RTA.
Where a landlord is claiming compensation for 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. 4
Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 5
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 four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). 6 Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). 7 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 8
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. 9 Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. 10
In assessing a claim for compensation, 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. Cleaning and rubbish removal
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord has already used part of the bond towards rubbish removal costs incurred. The Tribunal has made no determination about that cost. 4 See sections 40(2)(a), 41 and 49B RTA. 5 See Taylor v Webb [1937] 2KB 283 (CA). 6 See section 49B(3)(a) RTA. 7 See section 49B(3)(b) RTA. 8 See section 49B(3A)(a) RTA. 9 See section 49B(1) RTA. 10 See Guo v Korck [2019] NZHC 1541.
The landlord provided photographs and an invoice in support of the claim for cleaning. The landlord claims $300 for cleaning, and I order this amount. Lock/key replacement
The tenant did not return the keys. The invoice for the key replacement was for $253. The landlord has used $19.31 of the bond for part of the lock replacement. The balance of $233.69 is ordered. Chattels
The following chattels were missing at the end of the tenancy: Heat pump remote. The amount ordered of $115 for the heat pump remote is proved with oral evidence and an invoice. Door damage
Two doors were damaged during the tenancy. The landlord claims $339.25 being the replacement cost of two doors which the landlord says were of inferior quality to the original door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved with oral evidence, a pre-tenancy property inspection report, post-tenancy photographs, and an invoice. Wall damage
Walls throughout the premises were damaged with holes and chips. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage appears to be largely intentional.
The landlord claims $2115.66 for plastering holes in the walls. This claim is for repairing the wall damage; therefore I will make an order for the full amount for the plastering.
The landlord claims $2,277 for painting. The interior was fully repainted at a total cost of $7,590. Current depreciation guidelines estimate the life of painted wall in a rental property is between 5 – 14 years. These walls were painted approximately 16 years prior to the end of the tenancy. The property inspection report at the start of the tenancy says that overall the walls were quite tidy, but no photographs were provided from the start of the tenancy for me to assess the walls at that time. In taking into account that there was a significant amount of wall damage but also that the premises was likely due for a repaint I will order compensation of $379.50 being 5% of the full interior repaint, which I consider reasonably compensates the landlord for the tenant’s breach.
The amounts ordered are proved with oral evidence, a pre-tenancy property inspection report, post-tenancy photographs and invoices. Other damage
The fence was removed during the tenancy and had to be reinstalled. The shower mixed was broken and the shower wall was cracked. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved with oral evidence, post-tenancy photographs, and an invoice. The amount ordered is $642.85.

FILING FEE AND SUPPRESSION

Because the applicant has been wholly or partly successful in their claim, I have ordered that the respondent pay the applicant the application filing fee of $28.
The landlord did not seek name suppression.

Tenancy Tribunal case 5408631 — Property damage at 27A Totara Place, Kaikohe, Kaikohe 0405

At a glance

Tenancy Tribunal case 5408631 — Property damage at 27A Totara Place, Kaikohe, Kaikohe 0405

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

FILING FEE AND SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

FILING FEE AND SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions