What was the outcome of Tenancy Tribunal case 4614790?

The tribunal order states: An application for suppression has been made in this case by the tenant but no

How much money was awarded in case 4614790?

Filing Fee: $20.44 awarded to landlord; Property Damage: $316.25 awarded to landlord; Rent Arrears: $2,230.00 awarded to landlord; Rubbish Removal: $527.21 awarded to landlord

What type of tenancy dispute was case 4614790?

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

Where can I read the official tribunal order for case 4614790?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9254947-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4614790?

The tribunal order states: An application for suppression has been made in this case by the tenant but no

How much money was awarded in case 4614790?

Filing Fee: $20.44 awarded to landlord; Property Damage: $316.25 awarded to landlord; Rent Arrears: $2,230.00 awarded to landlord; Rubbish Removal: $527.21 awarded to landlord

What type of tenancy dispute was case 4614790?

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

Where can I read the official tribunal order for case 4614790?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9254947-Tenancy_Tribunal_Order.pdf.

14 Wheatsheaf Lane, Heathcote Valley, Christchurch 8022 Tenancy Tribunal Case 4614790 — Rent arrears

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14 Wheatsheaf Lane, Heathcote Valley, Christchurch 8022 Tenancy Tribunal Case 4614790 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4614790 — net $1,173.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 June 2023	$2,230.00	Rent arrears to 5 June 2023
Repairs to walls in upstairs bedroom	$316.25	Repairs to walls in upstairs bedroom
Cleaning, rubbish removal, dump fees, carpet cleaning, reinstate fence and gate (consent	$527.21	Cleaning, rubbish removal, dump fees, carpet cleaning, reinstate fence and gate (consent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,173.90
Total payable by Tenant to Landlord	$1,173.90

Claims and awards for application 4614790 — net $1,173.90 NZD. Verify on MoJ.

Rent arrears to 5 June 2023

Amount: $2,230.00
Awarded to: Landlord
Reason: Rent arrears to 5 June 2023

Repairs to walls in upstairs bedroom

Amount: $316.25
Awarded to: Landlord
Reason: Repairs to walls in upstairs bedroom

Cleaning, rubbish removal, dump fees, carpet cleaning, reinstate fence and gate (consent

Amount: $527.21
Awarded to: Landlord
Reason: Cleaning, rubbish removal, dump fees, carpet cleaning, reinstate fence and gate (consent

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,173.90

Total payable by Tenant to Landlord

Landlord $1,173.90

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case by the tenant but no order is made as the criteria set out in section 95A of the Residential Tenancies Act 1986 are not met.
Elizabeth Thalwitzer and Gustav Thalwitzer must pay A1 Property Management Limited as agent for D Goodwin and B Cottle $1,173.90 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $1,920.00 (6428858-012) to A1 Property Management Limited as agent for D Goodwin and B Cottle immediately.

Reasons

Both parties attended the hearing. Mr Thalwitzer represented the tenants..
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 5 June 2023. The landlord provided rent records which prove the amount of rent owing at the end of the tenancy. The tenant accepted the amount of rent owing.

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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. 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 amounts ordered 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 walls in the upstairs bedroom and to a fence and gate. 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.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.
The landlord did not seek a name suppression order. The tenant sought name suppression, but the criteria set out in section 95A of the Residential Tenancies Act 1986 are not met and no order is made.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4614790 — net $1,173.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 June 2023	$2,230.00	Rent arrears to 5 June 2023
Repairs to walls in upstairs bedroom	$316.25	Repairs to walls in upstairs bedroom
Cleaning, rubbish removal, dump fees, carpet cleaning, reinstate fence and gate (consent	$527.21	Cleaning, rubbish removal, dump fees, carpet cleaning, reinstate fence and gate (consent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,173.90
Total payable by Tenant to Landlord	$1,173.90

Claims and awards for application 4614790 — net $1,173.90 NZD. Verify on MoJ.

Rent arrears to 5 June 2023

Amount: $2,230.00
Awarded to: Landlord
Reason: Rent arrears to 5 June 2023

Repairs to walls in upstairs bedroom

Amount: $316.25
Awarded to: Landlord
Reason: Repairs to walls in upstairs bedroom

Cleaning, rubbish removal, dump fees, carpet cleaning, reinstate fence and gate (consent

Amount: $527.21
Awarded to: Landlord
Reason: Cleaning, rubbish removal, dump fees, carpet cleaning, reinstate fence and gate (consent

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,173.90

Total payable by Tenant to Landlord

Landlord $1,173.90

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case by the tenant but no order is made as the criteria set out in section 95A of the Residential Tenancies Act 1986 are not met.
Elizabeth Thalwitzer and Gustav Thalwitzer must pay A1 Property Management Limited as agent for D Goodwin and B Cottle $1,173.90 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $1,920.00 (6428858-012) to A1 Property Management Limited as agent for D Goodwin and B Cottle immediately.

Reasons

Both parties attended the hearing. Mr Thalwitzer represented the tenants..
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 5 June 2023. The landlord provided rent records which prove the amount of rent owing at the end of the tenancy. The tenant accepted the amount of rent owing.

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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. 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 amounts ordered 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 walls in the upstairs bedroom and to a fence and gate. 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.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.
The landlord did not seek a name suppression order. The tenant sought name suppression, but the criteria set out in section 95A of the Residential Tenancies Act 1986 are not met and no order is made.

Tenancy Tribunal case 4614790 — Rent arrears at 14 Wheatsheaf Lane, Heathcote Valley, Christchurch 8022

At a glance

Tenancy Tribunal case 4614790 — Rent arrears at 14 Wheatsheaf Lane, Heathcote Valley, Christchurch 8022

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