How much money was awarded in case 4602229?

Cleaning: $480.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Kitchen Vinyl: $1,628.00 awarded to landlord; Lawns and Garden Work: $448.50 awarded to landlord; Locksmith Cost To Install New Locks: $196.65 awarded to landlord; Property Damage: $596.00 awarded to landlord; Property Damage: $1,628.00 awarded to landlord; Rent Arrears: $727.00 awarded to landlord; Repaint Interior Of Premises (4 Week…: $1,628.00 awarded to landlord; Replace Dining Room Doors: $1,290.00 awarded to landlord; Replace Lounge Window Handle: $19.55 awarded to landlord; Skip Hire: $425.00 awarded to landlord

What type of tenancy dispute was case 4602229?

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

Where can I read the official tribunal order for case 4602229?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9349540-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4602229?

Cleaning: $480.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Kitchen Vinyl: $1,628.00 awarded to landlord; Lawns and Garden Work: $448.50 awarded to landlord; Locksmith Cost To Install New Locks: $196.65 awarded to landlord; Property Damage: $596.00 awarded to landlord; Property Damage: $1,628.00 awarded to landlord; Rent Arrears: $727.00 awarded to landlord; Repaint Interior Of Premises (4 Week…: $1,628.00 awarded to landlord; Replace Dining Room Doors: $1,290.00 awarded to landlord; Replace Lounge Window Handle: $19.55 awarded to landlord; Skip Hire: $425.00 awarded to landlord

What type of tenancy dispute was case 4602229?

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

Where can I read the official tribunal order for case 4602229?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9349540-Tenancy_Tribunal_Order.pdf.

107 Nursery Road, Phillipstown, Christchurch 8011 Tenancy Tribunal Case 4602229 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4602229?

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 4602229 — net $7,459.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 June 2023	$727.00	Rent arrears to 25 June 2023
Repaint interior of premises (4 weeks' rent equivalent	$1,628.00	Repaint interior of premises (4 weeks' rent equivalent
Cleaning	$480.00	Cleaning
Replace lounge window handle	$19.55	Replace lounge window handle
Skip hire	$425.00	Skip hire
Lock/key replacement	$596.00	Lock/key replacement
Locksmith cost to install new locks	$196.65	Locksmith cost to install new locks
Carpet replacement (depreciated - 4 weeks' rent equivalent	$1,628.00	Carpet replacement (depreciated - 4 weeks' rent equivalent
Replace kitchen vinyl (4 weeks’ rent equivalent	$1,628.00	Replace kitchen vinyl (4 weeks’ rent equivalent
Replace dining room doors	$1,290.00	Replace dining room doors
Lawns and garden work	$448.50	Lawns and garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,459.14
Total payable by Tenant to Landlord	$7,459.14

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

Nicholas Daniel O'Keeffe must pay Julie Tanner & Shirley Law as trustees of Oasis Family Trust $7,459.14 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $1,628.00 (5706590-004) to Julie Tanner & Shirley Law as trustees of Oasis Family Trust immediately.

Reasons

Ms Tanner attended the hearing to represent the landlord Trust. The tenant did not attend.

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 25 June 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 amount of rubbish that had to be removed was considerable.

The tenant did not return all the keys.

The amounts ordered are proved by invoices and photos and by evidence given by Ms Tanner 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.

The following damage was caused during the tenancy: much of the interior of the premises was damaged by dog scratches and urine. The premises were newly decorated at the start of the tenancy and have had to be fully redecorated again.

The carpet (about 8 years old at the end of the tenancy) and kitchen flooring (new at the start of the tenancy) were damaged by the tenant’s dog and have had to be replaced.

The dining room doors were also pet damaged and have had to be replaced.

The lounge window handle was damaged and had to be replaced.

The landlord’s insurance excludes damage caused by pets.

Each of the landlord’s claims for interior painting, carpet replacement and vinyl replacement is limited to the equivalent of 4 weeks’ rent, even though the replacement costs exceed that amount.

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 Tanner gave at the hearing.

I have applied depreciation to the claim for carpet replacement. Even after depreciation, I have awarded the landlord the equivalent of 4 weeks’ rent as compensation for the damage caused by the tenant.

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

Claims and awards in Tenancy Tribunal application 4602229 — net $7,459.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 June 2023	$727.00	Rent arrears to 25 June 2023
Repaint interior of premises (4 weeks' rent equivalent	$1,628.00	Repaint interior of premises (4 weeks' rent equivalent
Cleaning	$480.00	Cleaning
Replace lounge window handle	$19.55	Replace lounge window handle
Skip hire	$425.00	Skip hire
Lock/key replacement	$596.00	Lock/key replacement
Locksmith cost to install new locks	$196.65	Locksmith cost to install new locks
Carpet replacement (depreciated - 4 weeks' rent equivalent	$1,628.00	Carpet replacement (depreciated - 4 weeks' rent equivalent
Replace kitchen vinyl (4 weeks’ rent equivalent	$1,628.00	Replace kitchen vinyl (4 weeks’ rent equivalent
Replace dining room doors	$1,290.00	Replace dining room doors
Lawns and garden work	$448.50	Lawns and garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,459.14
Total payable by Tenant to Landlord	$7,459.14

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Nicholas Daniel O'Keeffe must pay Julie Tanner & Shirley Law as trustees of Oasis Family Trust $7,459.14 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,628.00 (5706590-004) to Julie Tanner & Shirley Law as trustees of Oasis Family Trust immediately.

Reasons

Ms Tanner attended the hearing to represent the landlord Trust. The tenant did not attend.
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 25 June 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 amount of rubbish that had to be removed was considerable.
The tenant did not return all the keys.
The amounts ordered are proved by invoices and photos and by evidence given by Ms Tanner 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.
The following damage was caused during the tenancy: much of the interior of the premises was damaged by dog scratches and urine. The premises were newly decorated at the start of the tenancy and have had to be fully redecorated again.
The carpet (about 8 years old at the end of the tenancy) and kitchen flooring (new at the start of the tenancy) were damaged by the tenant’s dog and have had to be replaced.
The dining room doors were also pet damaged and have had to be replaced.
The lounge window handle was damaged and had to be replaced.
The landlord’s insurance excludes damage caused by pets.
Each of the landlord’s claims for interior painting, carpet replacement and vinyl replacement is limited to the equivalent of 4 weeks’ rent, even though the replacement costs exceed that amount.
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 Tanner gave at the hearing.
I have applied depreciation to the claim for carpet replacement. Even after depreciation, I have awarded the landlord the equivalent of 4 weeks’ rent as compensation for the damage caused by the tenant.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 4602229 — Property damage at 107 Nursery Road, Phillipstown, Christchurch 8011

At a glance

Tenancy Tribunal case 4602229 — Property damage at 107 Nursery Road, Phillipstown, 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