How much money was awarded in case 4514773?

Cleaning: $126.50 awarded to landlord; Cleaning: $255.00 awarded to landlord; Cleaning: $952.70 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $3,407.06 awarded to landlord; Property Damage: $210.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $1,756.03 awarded to landlord; Replace Front Panel On Dishwasher: $339.03 awarded to landlord

What type of tenancy dispute was case 4514773?

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

Where can I read the official tribunal order for case 4514773?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9312689-Tribunal_Order.pdf.

How much money was awarded in case 4514773?

Cleaning: $126.50 awarded to landlord; Cleaning: $255.00 awarded to landlord; Cleaning: $952.70 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $3,407.06 awarded to landlord; Property Damage: $210.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $1,756.03 awarded to landlord; Replace Front Panel On Dishwasher: $339.03 awarded to landlord

What type of tenancy dispute was case 4514773?

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

Where can I read the official tribunal order for case 4514773?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9312689-Tribunal_Order.pdf.

Unit/Flat 5, 68 Barbour Street, Waltham, Christchurch 8011 Tenancy Tribunal Case 4514773 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4514773?

The tribunal order states: No application for suppression has been made in this case and no suppression

Order

Claims and awards in Tenancy Tribunal application 4514773 — net $5,886.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 November 2022	$1,756.03	Rent arrears to 28 November 2022
Repairs to wall linings, plastering and painting	$3,407.06	Repairs to wall linings, plastering and painting
Cleaning of roller and venetian blinds and repairs	$255.00	Cleaning of roller and venetian blinds and repairs
Cleaning	$952.70	Cleaning
Cleaning and stain removal - upstairs carpet	$126.50	Cleaning and stain removal - upstairs carpet
Replace front panel on dishwasher	$339.03	Replace front panel on dishwasher
Lock/key replacement	$210.00	Lock/key replacement
Replace downstairs lounge carpet (insurance excess	$400.00	Replace downstairs lounge carpet (insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,886.76
Total payable by Tenant to Landlord	$5,886.76

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Bianca Duthie must pay Moreover Holdings Limited $5,886.76 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $1,580.00 (6381674-004) to Moreover Holdings Limited immediately.

Reasons

Ms Easterbrook represented the landlord. The tenant did not attend the hearing. I previously adjourned a scheduled hearing at the tenant’s request.

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?

The tenancy ended on 28 November 2022. The landlord provided rent records which prove the amount of rent owing at the end of the tenancy.

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 (RTA). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy.

The tenant did not return the keys.

The amounts ordered for cleaning and lock/key replacement are proved by invoices and photos.

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.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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). See section 49B(3)(a) RTA.

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). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

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. See section 49B(1) RTA.

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. See Guo v Korck [2019] NZHC 1541.

The following damage was caused during the tenancy. There was damage to wall linings throughout the premises that had to be repaired, plastered and painted. Venetian and roman blinds had to be repaired. The downstairs lounge carpet had to be replaced due to extensive staining. The front panel of the dishwasher was damaged and had to be replaced.

The premises were new at the start of the tenancy. This tenancy was the first tenancy. I have not applied any depreciation to the claims for damage.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved by invoices and photos and by the evidence Ms Easterbrook gave at the hearing.

Claims and awards in Tenancy Tribunal application 4514773 — net $5,886.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 November 2022	$1,756.03	Rent arrears to 28 November 2022
Repairs to wall linings, plastering and painting	$3,407.06	Repairs to wall linings, plastering and painting
Cleaning of roller and venetian blinds and repairs	$255.00	Cleaning of roller and venetian blinds and repairs
Cleaning	$952.70	Cleaning
Cleaning and stain removal - upstairs carpet	$126.50	Cleaning and stain removal - upstairs carpet
Replace front panel on dishwasher	$339.03	Replace front panel on dishwasher
Lock/key replacement	$210.00	Lock/key replacement
Replace downstairs lounge carpet (insurance excess	$400.00	Replace downstairs lounge carpet (insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,886.76
Total payable by Tenant to Landlord	$5,886.76

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Bianca Duthie must pay Moreover Holdings Limited $5,886.76 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,580.00 (6381674-004) to Moreover Holdings Limited immediately.

Reasons

Ms Easterbrook represented the landlord. The tenant did not attend the hearing. I previously adjourned a scheduled hearing at the tenant’s request.
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?

The tenancy ended on 28 November 2022. The landlord provided rent records which prove the amount of rent owing at the end of the tenancy.

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 (RTA). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy.
The tenant did not return the keys.
The amounts ordered for cleaning and lock/key replacement are proved by invoices and photos.

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.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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). See section 49B(3)(a) RTA.
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). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
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. See section 49B(1) RTA.
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. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy. There was damage to wall linings throughout the premises that had to be repaired, plastered and painted. Venetian and roman blinds had to be repaired. The downstairs lounge carpet had to be replaced due to extensive staining. The front panel of the dishwasher was damaged and had to be replaced.
The premises were new at the start of the tenancy. This tenancy was the first tenancy. I have not applied any depreciation to the claims for damage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by invoices and photos and by the evidence Ms Easterbrook gave at the hearing.

Tenancy Tribunal case 4514773 — Property damage at Unit/Flat 5, 68 Barbour Street, Waltham, Christchurch 8011

At a glance

Tenancy Tribunal case 4514773 — Property damage at Unit/Flat 5, 68 Barbour Street, Waltham, Christchurch 8011

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Property management

Frequently asked questions