What was the outcome of Tenancy Tribunal case 4585734?

The tribunal order states: The claim against Justin Johnson is dismissed.

How much money was awarded in case 4585734?

Cleaning: $250.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Kitchen Vinyl: $1,000.00 awarded to landlord; Previous Order Application 4495140 D…: $2,314.19 awarded to landlord; Property Damage: $195.01 awarded to landlord; Property Damage: $1,440.03 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Rent Arrears: $212.14 awarded to landlord; Replace Curtain: $65.00 awarded to landlord; Rubbish Removal: $84.34 awarded to landlord

What type of tenancy dispute was case 4585734?

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

Where can I read the official tribunal order for case 4585734?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9690479-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4585734?

The tribunal order states: The claim against Justin Johnson is dismissed.

How much money was awarded in case 4585734?

Cleaning: $250.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Kitchen Vinyl: $1,000.00 awarded to landlord; Previous Order Application 4495140 D…: $2,314.19 awarded to landlord; Property Damage: $195.01 awarded to landlord; Property Damage: $1,440.03 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Rent Arrears: $212.14 awarded to landlord; Replace Curtain: $65.00 awarded to landlord; Rubbish Removal: $84.34 awarded to landlord

What type of tenancy dispute was case 4585734?

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

Where can I read the official tribunal order for case 4585734?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9690479-Tenancy_Tribunal_Order.pdf.

128 Chester Street East, Christchurch 8011 Tenancy Tribunal Case 4585734 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4585734 — net $5,201.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 19 - 21 April 2023	$212.14	Rent arrears 19 - 21 April 2023
Previous order application 4495140 dated 18 April 2023	$2,314.19	Previous order application 4495140 dated 18 April 2023
Carpet Cleaning	$250.00	Carpet Cleaning
Window repairs	$195.01	Window repairs
Curtain cleaning	$100.00	Curtain cleaning
Replace curtain	$65.00	Replace curtain
Rubbish removal	$84.34	Rubbish removal
Wall and door damage	$1,440.03	Wall and door damage
Bathroom vinyl damage	$1,000.00	Bathroom vinyl damage
Carpet damage	$1,500.00	Carpet damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,201.15
Total payable by Tenant to Landlord	$5,201.15

Ms Arthur and Ms Page attended the hearing for the landlord. Neither respondent attended.

The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Justin Johnson

The claim against Mr Johnson is on the basis that he guaranteed the obligation of the tenant Diana Johnson. There was no written guarantee signed by Mr Johnson as required s27 of the Property Law Act 2007 and so the claim against him is dismissed. Rent

The tenancy ended and the landlord took possession of the premises on 21 April 2023 following an order of the Tribunal made on 18 April 2023 under application 4495140. That order awarded the landlord rent arrears to 18 April and compensation and the filing fee. That order has been incorporated in this order for enforcement purposes. In addition, there is an award of rent arrears for the period 19 – 21 April. Other Obligations

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.

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

The amounts ordered for cleaning and rubbish removal were proved by the production of photographs and invoices and by evidence from the landlord. Damage

Tenants must not carelessly or intentionally damage 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.

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).

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.

When assessing compensation, the Tribunal must consider 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, the Tribunal considers the age and condition of the item at the start of the tenancy and its likely useful lifespan. Damage Claims

The landlord bought the premises in 2020 and redecorated them and installed new carpet. This tenancy began in March 2022.

There was damage to carpet in the entry hall and the lounge, vinyl in the bathroom, wall and doors and window glass during the tenancy.

The damage exceeded fair wear and tear and liability for it was not disproved by the tenant.

The awards for the damage were proved by the production of photographs, invoices and evidence from the landlord.

I have awarded the claims for damage to the walls and doors and window glass in full. The landlord had already applied a reasonable discount for betterment to the claim for wall and door damage.

I accept that the cost of replacing the vinyl in the bathroom, which was damaged by staining, will exceed $1,000. I have therefore awarded $1,000 being the landlord’s insurance excess.

The damage to the carpet consisted of staining and cigarette burns. The damage affects the entry hall and the lounge and so it is likely that it would attract two insurance excesses on the basis that they are separate incidents of damage.

The damage has not prevented the premises being relet. The landlord said that it would affect the value of the premises on sale ands she would need to get the carpet replaced. That remains to be seen.

There is the possibility of repairing the burn damage and patching the stain damage in the lounge where the staining is confined to a modest area. The carpet is dark and so the staining is not very conspicuous. The staining may also fade over time.

The landlord claims $2,400 for the carpet damage. Taking all things into consideration, including betterment, I have awarded $1,500 for the carpet damage. I note that awarding compensation in a situation where the actual cost of repair or replacement in unclear and there are several factors to consider is not a science. $1,500 is my best estimate of the landlord’s loss from the damage. Filing Fee

The landlord has had substantial success and so I have awarded the filing fee. Result

The bond will be paid to the landlord and the tenant must pay the remaining liability immediately.

Claims and awards in Tenancy Tribunal application 4585734 — net $5,201.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 19 - 21 April 2023	$212.14	Rent arrears 19 - 21 April 2023
Previous order application 4495140 dated 18 April 2023	$2,314.19	Previous order application 4495140 dated 18 April 2023
Carpet Cleaning	$250.00	Carpet Cleaning
Window repairs	$195.01	Window repairs
Curtain cleaning	$100.00	Curtain cleaning
Replace curtain	$65.00	Replace curtain
Rubbish removal	$84.34	Rubbish removal
Wall and door damage	$1,440.03	Wall and door damage
Bathroom vinyl damage	$1,000.00	Bathroom vinyl damage
Carpet damage	$1,500.00	Carpet damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,201.15
Total payable by Tenant to Landlord	$5,201.15

Order

The claim against Justin Johnson is dismissed.
Diana Johnson must pay My Rental Specialists Limited $5,201.15 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,980.00 (3188320-022) to My Rental Specialists Limited immediately.

Reasons

Ms Arthur and Ms Page attended the hearing for the landlord. Neither respondent attended.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Justin Johnson
The claim against Mr Johnson is on the basis that he guaranteed the obligation of the tenant Diana Johnson. There was no written guarantee signed by Mr Johnson as required s27 of the Property Law Act 2007 and so the claim against him is dismissed. Rent
The tenancy ended and the landlord took possession of the premises on 21 April 2023 following an order of the Tribunal made on 18 April 2023 under application 4495140. That order awarded the landlord rent arrears to 18 April and compensation and the filing fee. That order has been incorporated in this order for enforcement purposes. In addition, there is an award of rent arrears for the period 19 – 21 April. Other Obligations
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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amounts ordered for cleaning and rubbish removal were proved by the production of photographs and invoices and by evidence from the landlord. Damage
Tenants must not carelessly or intentionally damage 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.
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).
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.
When assessing compensation, the Tribunal must consider 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, the Tribunal considers the age and condition of the item at the start of the tenancy and its likely useful lifespan. Damage Claims
The landlord bought the premises in 2020 and redecorated them and installed new carpet. This tenancy began in March 2022.
There was damage to carpet in the entry hall and the lounge, vinyl in the bathroom, wall and doors and window glass during the tenancy.
The damage exceeded fair wear and tear and liability for it was not disproved by the tenant.
The awards for the damage were proved by the production of photographs, invoices and evidence from the landlord.
I have awarded the claims for damage to the walls and doors and window glass in full. The landlord had already applied a reasonable discount for betterment to the claim for wall and door damage.
I accept that the cost of replacing the vinyl in the bathroom, which was damaged by staining, will exceed $1,000. I have therefore awarded $1,000 being the landlord’s insurance excess.
The damage to the carpet consisted of staining and cigarette burns. The damage affects the entry hall and the lounge and so it is likely that it would attract two insurance excesses on the basis that they are separate incidents of damage.
The damage has not prevented the premises being relet. The landlord said that it would affect the value of the premises on sale ands she would need to get the carpet replaced. That remains to be seen.
There is the possibility of repairing the burn damage and patching the stain damage in the lounge where the staining is confined to a modest area. The carpet is dark and so the staining is not very conspicuous. The staining may also fade over time.
The landlord claims $2,400 for the carpet damage. Taking all things into consideration, including betterment, I have awarded $1,500 for the carpet damage. I note that awarding compensation in a situation where the actual cost of repair or replacement in unclear and there are several factors to consider is not a science. $1,500 is my best estimate of the landlord’s loss from the damage. Filing Fee
The landlord has had substantial success and so I have awarded the filing fee. Result
The bond will be paid to the landlord and the tenant must pay the remaining liability immediately.

Tenancy Tribunal case 4585734 — Property damage at 128 Chester Street East, Christchurch 8011

At a glance

Tenancy Tribunal case 4585734 — Property damage at 128 Chester Street East, Christchurch 8011

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions