What was the outcome of Tenancy Tribunal case 4666930?

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

How much money was awarded in case 4666930?

Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $331.98 awarded to landlord

What type of tenancy dispute was case 4666930?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4666930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9453527-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4666930?

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

How much money was awarded in case 4666930?

Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $331.98 awarded to landlord

What type of tenancy dispute was case 4666930?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4666930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9453527-Tenancy_Tribunal_Order.pdf.

Unit M5, 219 Johns Road, Northwood, Christchurch 8051 Tenancy Tribunal Case 4666930 — Property damage

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Unit M5, 219 Johns Road, Northwood, Christchurch 8051 Tenancy Tribunal Case 4666930 — Property damage | 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 4666930 — net $852.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning and other costs (insurance excess	$500.00	Cleaning and other costs (insurance excess
Damage to chattels	$331.98	Damage to chattels
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$852.42
Bond	$1,400.00
Total payable by Tenant to Landlord	$852.42

Claims and awards for application 4666930 — net $852.42 NZD. Verify on MoJ.

Cleaning and other costs (insurance excess

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning and other costs (insurance excess

Damage to chattels

Amount: $331.98
Awarded to: Landlord
Reason: Damage to chattels

Filing fee reimbursement

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

Net award

Landlord $852.42

Bond

Landlord $1,400.00

Total payable by Tenant to Landlord

Landlord $852.42

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

No application for suppression has been made in this case and no suppression orders apply to publication of this decision.
Seth Fox-Sionetali to pay Inspire Property Management Limited $852.42 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,400.00 (6407386-005) immediately apportioned as follows: Inspire Property Management Limited: $852.42 Seth Fox-Sionetali: $547.58

Reasons

Ms Taylor attended the hearing for the landlord. The tenant did not attend.
The landlord has applied for compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant must keep the premises reasonably clean and tidy.
The tenant 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).
The premises are a studio unit on a site comprising motel units and a holiday park.
The tenant reported the toilet in the premises to be blocked and the landlord arranged for a plumber to attend. They found that it would take some days to clear the blockage and advised the tenant not to use the toilet. The landlord gave the tenant a door code so that he could use the shared toilet facilities on site.
The tenant continued to use the toilet and it overflowed contaminating the premises with foul water.
The landlord served a termination notice on the tenant on the ground that the premises were uninhabitable. The tenant duly vacated.
The landlord has had to clean and decontaminate the premises, redecorate them and dispose of landlord chattels including a bed, curtains and a couch.
The premises were insured with an excess of $500 per event.
The cost of cleaning and decontamination well exceeded $500, and the landlord therefore claims the excess. The landlord claims $331.98 being the second- hand replacement cost of the chattels.
I am satisfied that the tenant caused damage to the premises by continuing to use the toilet when, plainly, he should not have done so. The resulting damage was at least careless and arguably intentional in that it was inevitable that damage would result from his actions.
The landlord has not claimed the damage was intentional and has limited the claim to the insurance excess. I am satisfied that the claim for the cost of replacing the chattels is reasonable and so I have made the awards as claimed.
The landlord has succeeded and so I have awarded the filing fee.
The tenant’s debt will be paid from the bond. The tenant has not made an application but the landlord agreed that the remaining bond should be paid to the tenant and so I have made that order.

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 4666930 — net $852.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning and other costs (insurance excess	$500.00	Cleaning and other costs (insurance excess
Damage to chattels	$331.98	Damage to chattels
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$852.42
Bond	$1,400.00
Total payable by Tenant to Landlord	$852.42

Claims and awards for application 4666930 — net $852.42 NZD. Verify on MoJ.

Cleaning and other costs (insurance excess

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning and other costs (insurance excess

Damage to chattels

Amount: $331.98
Awarded to: Landlord
Reason: Damage to chattels

Filing fee reimbursement

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

Net award

Landlord $852.42

Bond

Landlord $1,400.00

Total payable by Tenant to Landlord

Landlord $852.42

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

No application for suppression has been made in this case and no suppression orders apply to publication of this decision.
Seth Fox-Sionetali to pay Inspire Property Management Limited $852.42 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,400.00 (6407386-005) immediately apportioned as follows: Inspire Property Management Limited: $852.42 Seth Fox-Sionetali: $547.58

Reasons

Ms Taylor attended the hearing for the landlord. The tenant did not attend.
The landlord has applied for compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant must keep the premises reasonably clean and tidy.
The tenant 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).
The premises are a studio unit on a site comprising motel units and a holiday park.
The tenant reported the toilet in the premises to be blocked and the landlord arranged for a plumber to attend. They found that it would take some days to clear the blockage and advised the tenant not to use the toilet. The landlord gave the tenant a door code so that he could use the shared toilet facilities on site.
The tenant continued to use the toilet and it overflowed contaminating the premises with foul water.
The landlord served a termination notice on the tenant on the ground that the premises were uninhabitable. The tenant duly vacated.
The landlord has had to clean and decontaminate the premises, redecorate them and dispose of landlord chattels including a bed, curtains and a couch.
The premises were insured with an excess of $500 per event.
The cost of cleaning and decontamination well exceeded $500, and the landlord therefore claims the excess. The landlord claims $331.98 being the second- hand replacement cost of the chattels.
I am satisfied that the tenant caused damage to the premises by continuing to use the toilet when, plainly, he should not have done so. The resulting damage was at least careless and arguably intentional in that it was inevitable that damage would result from his actions.
The landlord has not claimed the damage was intentional and has limited the claim to the insurance excess. I am satisfied that the claim for the cost of replacing the chattels is reasonable and so I have made the awards as claimed.
The landlord has succeeded and so I have awarded the filing fee.
The tenant’s debt will be paid from the bond. The tenant has not made an application but the landlord agreed that the remaining bond should be paid to the tenant and so I have made that order.

Tenancy Tribunal case 4666930 — Property damage at Unit M5, 219 Johns Road, Northwood, Christchurch 8051

At a glance

Tenancy Tribunal case 4666930 — Property damage at Unit M5, 219 Johns Road, Northwood, Christchurch 8051

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions