How much money was awarded in case 4559790?

Cleaning: $590.00 awarded to landlord; Cleaning: $749.90 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,900.00 awarded to landlord; Chips To Stone Kitchen Bench: $667.00 awarded to landlord; downstairs wooden flooring - 50% dep…: $1,006.25 awarded to landlord; Master Bedroom Wall: $287.50 awarded to landlord; Replace Garage Door Remote Control A…: $304.49 awarded to landlord; Rubbish Removal: $195.00 awarded to landlord

What type of tenancy dispute was case 4559790?

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

Where can I read the official tribunal order for case 4559790?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9184615-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4559790?

Cleaning: $590.00 awarded to landlord; Cleaning: $749.90 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,900.00 awarded to landlord; Chips To Stone Kitchen Bench: $667.00 awarded to landlord; downstairs wooden flooring - 50% dep…: $1,006.25 awarded to landlord; Master Bedroom Wall: $287.50 awarded to landlord; Replace Garage Door Remote Control A…: $304.49 awarded to landlord; Rubbish Removal: $195.00 awarded to landlord

What type of tenancy dispute was case 4559790?

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

Where can I read the official tribunal order for case 4559790?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9184615-Tenancy_Tribunal_Order.pdf.

95C Edgeware Road, St Albans, Christchurch 8014 Tenancy Tribunal Case 4559790 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4559790?

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 4559790 — net $3,920.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 March 2023	$2,900.00	Rent arrears to 10 March 2023
Carpet cleaning and stain removal	$590.00	Carpet cleaning and stain removal
Replace garage door remote control and 2 swipe key cards	$304.49	Replace garage door remote control and 2 swipe key cards
Repairs: master bedroom wall	$287.50	Repairs: master bedroom wall
Repairs: chips to stone kitchen bench	$667.00	Repairs: chips to stone kitchen bench
Cleaning	$749.90	Cleaning
Rubbish removal	$195.00	Rubbish removal
Repairs: downstairs wooden flooring - 50% depreciation	$1,006.25	Repairs: downstairs wooden flooring - 50% depreciation
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,920.58
Total payable by Tenant to Landlord	$3,920.58

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

Olivia Jane Howie must pay Grenadier Rent Shop Limited as agent for N Fraser $3,920.58 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $2,800.00 (6416742-001) to Grenadier Rent Shop Limited as agent for N Fraser immediately.

Reasons

Mr Toa represented the landlord. The tenant did not attend the hearing.

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 10 March 2023. 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 and did not remove all rubbish. The carpets were stained and required stain removal treatment.

The tenant did not return the swipe keys or the garage door remote control.

The amounts ordered are proved by invoices and photos and by the evidence Mr Toa gave at the hearing.

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 a hole in the master bedroom wall; the stone kitchen bench was chipped; and there was damage to the wooden flooring. 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 Mr Toa gave at the hearing.

The landlord depreciated the claim for damage to the wooden flooring by 50% and claimed only one half of the repair bill. The premises were a newly built town house at the start of the tenancy. I have awarded the amount claimed for the floor damage which is to the tenant’s advantage.

As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Claims and awards in Tenancy Tribunal application 4559790 — net $3,920.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 March 2023	$2,900.00	Rent arrears to 10 March 2023
Carpet cleaning and stain removal	$590.00	Carpet cleaning and stain removal
Replace garage door remote control and 2 swipe key cards	$304.49	Replace garage door remote control and 2 swipe key cards
Repairs: master bedroom wall	$287.50	Repairs: master bedroom wall
Repairs: chips to stone kitchen bench	$667.00	Repairs: chips to stone kitchen bench
Cleaning	$749.90	Cleaning
Rubbish removal	$195.00	Rubbish removal
Repairs: downstairs wooden flooring - 50% depreciation	$1,006.25	Repairs: downstairs wooden flooring - 50% depreciation
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,920.58
Total payable by Tenant to Landlord	$3,920.58

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Olivia Jane Howie must pay Grenadier Rent Shop Limited as agent for N Fraser $3,920.58 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,800.00 (6416742-001) to Grenadier Rent Shop Limited as agent for N Fraser immediately.

Reasons

Mr Toa represented the landlord. The tenant did not attend the hearing.
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 10 March 2023. 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 and did not remove all rubbish. The carpets were stained and required stain removal treatment.
The tenant did not return the swipe keys or the garage door remote control.
The amounts ordered are proved by invoices and photos and by the evidence Mr Toa gave at the hearing.

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 a hole in the master bedroom wall; the stone kitchen bench was chipped; and there was damage to the wooden flooring. 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 Mr Toa gave at the hearing.
The landlord depreciated the claim for damage to the wooden flooring by 50% and claimed only one half of the repair bill. The premises were a newly built town house at the start of the tenancy. I have awarded the amount claimed for the floor damage which is to the tenant’s advantage.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 4559790 — Rent arrears at 95C Edgeware Road, St Albans, Christchurch 8014

At a glance

Tenancy Tribunal case 4559790 — Rent arrears at 95C Edgeware Road, St Albans, Christchurch 8014

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