What was the outcome of Tenancy Tribunal case 4594489?

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

How much money was awarded in case 4594489?

Cleaning: $390.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Previous Order Application 4531151 D…: $2,523.64 awarded to landlord; Property Damage: $3,850.00 awarded to landlord; Property Damage: $261.47 awarded to landlord; Property Damage: $352.87 awarded to landlord; Rubbish Removal: $944.73 awarded to landlord; Rubbish Removal: $125.00 awarded to landlord

What type of tenancy dispute was case 4594489?

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

Where can I read the official tribunal order for case 4594489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9206215-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4594489?

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

How much money was awarded in case 4594489?

Cleaning: $390.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Previous Order Application 4531151 D…: $2,523.64 awarded to landlord; Property Damage: $3,850.00 awarded to landlord; Property Damage: $261.47 awarded to landlord; Property Damage: $352.87 awarded to landlord; Rubbish Removal: $944.73 awarded to landlord; Rubbish Removal: $125.00 awarded to landlord

What type of tenancy dispute was case 4594489?

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

Where can I read the official tribunal order for case 4594489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9206215-Tenancy_Tribunal_Order.pdf.

21A Dickens Street, Addington, Christchurch 8024 Tenancy Tribunal Case 4594489 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4594489 — net $8,968.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4531151 dated 16/05/2023	$2,523.64	Previous order application 4531151 dated 16/05/2023
7 x insurance excesses	$3,850.00	7 x insurance excesses
Cleaning: landlord labour 12 hours	$300.00	Cleaning: landlord labour 12 hours
Lawns and garden work: landlord labour 8 hours	$200.00	Lawns and garden work: landlord labour 8 hours
Rubbish removal	$944.73	Rubbish removal
Rubbish removal: landlord labour 5 hours	$125.00	Rubbish removal: landlord labour 5 hours
Lock/key replacement	$261.47	Lock/key replacement
Plumbing repair in upstairs bathroom	$352.87	Plumbing repair in upstairs bathroom
Clean heat pump	$390.00	Clean heat pump
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,968.15
Total payable by Tenant to Landlord	$8,968.15

Ms Brown and Ms Snoep represented the landlord. The tenant did not attend the hearing.

The landlord has applied for compensation and reimbursement of the filing fee following 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, including the lawns and gardens, reasonably clean and tidy and did not remove all rubbish.

The tenant did not return all the keys.

The heat pump was soiled with animal urine and had to be cleaned.

The amounts ordered are proved by invoices and photos and by the evidence Ms Brown 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 were numerous significant holes in walls and damage to doors and skirtings. The kitchen joinery was damaged. Windowsills in two of the bedrooms were damaged. The tap in the ensuite bathroom was damaged and had to be repaired. The carpet throughout the premises was damaged.

The owner’s insurer accepted the claims for damage which amounted to $16,734.63 but applied 7 separate excess deductions. The landlord is entitled to claim those excesses.

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 Brown gave at the hearing.

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

Claims and awards in Tenancy Tribunal application 4594489 — net $8,968.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4531151 dated 16/05/2023	$2,523.64	Previous order application 4531151 dated 16/05/2023
7 x insurance excesses	$3,850.00	7 x insurance excesses
Cleaning: landlord labour 12 hours	$300.00	Cleaning: landlord labour 12 hours
Lawns and garden work: landlord labour 8 hours	$200.00	Lawns and garden work: landlord labour 8 hours
Rubbish removal	$944.73	Rubbish removal
Rubbish removal: landlord labour 5 hours	$125.00	Rubbish removal: landlord labour 5 hours
Lock/key replacement	$261.47	Lock/key replacement
Plumbing repair in upstairs bathroom	$352.87	Plumbing repair in upstairs bathroom
Clean heat pump	$390.00	Clean heat pump
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,968.15
Total payable by Tenant to Landlord	$8,968.15

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Rose Nesbit must pay Holmwood Real Estate Limited as agent for Carmen & Brent Woods $8,968.15 immediately, calculated as shown in table below:

Reasons

Ms Brown and Ms Snoep represented the landlord. The tenant did not attend the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following 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, including the lawns and gardens, reasonably clean and tidy and did not remove all rubbish.
The tenant did not return all the keys.
The heat pump was soiled with animal urine and had to be cleaned.
The amounts ordered are proved by invoices and photos and by the evidence Ms Brown 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 were numerous significant holes in walls and damage to doors and skirtings. The kitchen joinery was damaged. Windowsills in two of the bedrooms were damaged. The tap in the ensuite bathroom was damaged and had to be repaired. The carpet throughout the premises was damaged.
The owner’s insurer accepted the claims for damage which amounted to $16,734.63 but applied 7 separate excess deductions. The landlord is entitled to claim those excesses.
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 Brown gave at the hearing.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 4594489 — Property damage at 21A Dickens Street, Addington, Christchurch 8024

At a glance

Tenancy Tribunal case 4594489 — Property damage at 21A Dickens Street, Addington, Christchurch 8024

At a glance

Award balance

Claims & awards

Order

Reasons

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

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