How much money was awarded in case 4696810?

Break Lease Fee: $603.85 awarded to landlord; Cleaning: $280.00 awarded to landlord; Cleaning: $552.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Bathroom Wall: $499.10 awarded to landlord; Property Damage: $2,760.00 awarded to landlord; Kitchen Vinyl: $550.00 awarded to landlord; Replace furnishings: Lounge carpet e…: $550.00 awarded to landlord

What type of tenancy dispute was case 4696810?

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

Where can I read the official tribunal order for case 4696810?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10034655-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4696810?

Break Lease Fee: $603.85 awarded to landlord; Cleaning: $280.00 awarded to landlord; Cleaning: $552.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Bathroom Wall: $499.10 awarded to landlord; Property Damage: $2,760.00 awarded to landlord; Kitchen Vinyl: $550.00 awarded to landlord; Replace furnishings: Lounge carpet e…: $550.00 awarded to landlord

What type of tenancy dispute was case 4696810?

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

Where can I read the official tribunal order for case 4696810?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10034655-Tenancy_Tribunal_Order.pdf.

Flat 4, 117 Stanmore Road, Linwood, Christchurch 8011 Tenancy Tribunal Case 4696810 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4696810?

The tribunal order states: Priya Singh is granted leave to represent the tenant in these proceedings.

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Order

Claims and awards in Tenancy Tribunal application 4696810 — net $4,619.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$552.00	Cleaning
Carpet Cleaning	$280.00	Carpet Cleaning
Replace furnishings: Kitchen vinyl insurance excess only	$550.00	Replace furnishings: Kitchen vinyl insurance excess only
Replace furnishings: Lounge carpet excess only	$550.00	Replace furnishings: Lounge carpet excess only
Break lease fee	$603.85	Break lease fee
Repairs: Bathroom wall	$499.10	Repairs: Bathroom wall
Repairs: Repaint damaged walls	$2,760.00	Repairs: Repaint damaged walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,619.39
Total payable by Tenant to Landlord	$4,619.39

Priya Singh is granted leave to represent the tenant in these proceedings.

Subramani Ram Raj must pay Braziers Limited as agent for R A and G A Beer $4,619.39 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,196.00 (3160827-013) to Braziers Limited as agent for R A and G A Beer immediately.

Reasons

Both parties attended the hearing. Ms Gonzales attended on behalf of the landlord.

By consent the tenant is represented by his daughter, Priya Singh.

The landlord has applied for compensation, refund of the bond, 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 and remove all rubbish under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).

That part of the cleaning claim relating to replacement of net curtains was withdrawn by the landlord at the hearing leaving a claim for general cleaning of $552.00.

Ms Singh accepted that the tenant was liable for this cost.

The carpet was stained at the end of the tenancy. The landlord completed a standard carpet clean and then a more specialised clean to the area that remained badly stained. The total cost for the carpet cleaning was $280.00.

The amounts ordered are proved.

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.

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 under section 49B(3)(a) of the Act.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent under section 49B(3)(b) of the Act.

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 landlord provided ingoing inspection photographs to show the condition of the property at the beginning of the tenancy. The property had been renovated within two years of the start of the tenancy and the photographs confirm that the flooring was in excellent condition.

During the tenancy the kitchen vinyl was damaged by a fridge being pulled across it. Ms Singh accepted that the tenant was responsible for the insurance excess ($550.00) relating to this damage.

The landlord also claimed for replacement carpet in the lounge. The photographs provided show that the carpet was not damaged at the beginning of the tenancy but there was a substantial stain at the end of the tenancy.

The landlord attempted to have the stain removed by various cleaning methods. These were unsuccessful and a claim for replacement carpet in the lounge was accepted by the landlord’s insurance company. The excess payable is $550.00.

The landlord provided photographs and an invoice to prove damage to the bathroom wall. The ingoing photographs show that the wall was not damaged at the beginning of the tenancy. The wall repair amounted to less than the insurance excess, so insurance was not claimed for this repair.

Ms Singh suggested that the tenant had made complaints about the bathroom wall during the tenancy, but no evidence was available to support this and no possible explanation for the damage was provided.

The photographs showed that the painted walls in the lounge, kitchen and bedrooms were in very good condition at the beginning of the tenancy having been repainted within two years of the start of the tenancy.

The outgoing photographs show what appears to be smoke damage to many of the walls throughout the property.

After three unsuccessful attempts to clean the walls, it was determined that they needed to be repainted. Insurance cover was declined as the damage was considered to have occurred over a period of time.

Ms Singh acknowledged that the walls were undamaged at the beginning of the tenancy but did not know how the damage occurred and did not accept that the tenant should be liable for the damage.

The damage to the vinyl, carpet and walls throughout the premises occurred during the tenancy. It is more than fair wear and tear and the tenant has not proved that they did not intentionally or carelessly cause the damage. The amounts ordered are proved. Break lease costs

The landlord allowed the tenant to break the fixed term tenancy early subject to various conditions including payment of costs associated with finding a new tenant.

After some clarification, Ms Singh accepted that the remaining break lease cost of $603.85 was payable by the tenant. Filing fee

As Braziers Limited as agent for R A and G A Beer has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4696810 — net $4,619.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$552.00	Cleaning
Carpet Cleaning	$280.00	Carpet Cleaning
Replace furnishings: Kitchen vinyl insurance excess only	$550.00	Replace furnishings: Kitchen vinyl insurance excess only
Replace furnishings: Lounge carpet excess only	$550.00	Replace furnishings: Lounge carpet excess only
Break lease fee	$603.85	Break lease fee
Repairs: Bathroom wall	$499.10	Repairs: Bathroom wall
Repairs: Repaint damaged walls	$2,760.00	Repairs: Repaint damaged walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,619.39
Total payable by Tenant to Landlord	$4,619.39

Priya Singh is granted leave to represent the tenant in these proceedings.

Subramani Ram Raj must pay Braziers Limited as agent for R A and G A Beer $4,619.39 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,196.00 (3160827-013) to Braziers Limited as agent for R A and G A Beer immediately.

Reasons

Both parties attended the hearing. Ms Gonzales attended on behalf of the landlord.

By consent the tenant is represented by his daughter, Priya Singh.

The landlord has applied for compensation, refund of the bond, 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 and remove all rubbish under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).

That part of the cleaning claim relating to replacement of net curtains was withdrawn by the landlord at the hearing leaving a claim for general cleaning of $552.00.

Ms Singh accepted that the tenant was liable for this cost.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent under section 49B(3)(b) of the Act.

During the tenancy the kitchen vinyl was damaged by a fridge being pulled across it. Ms Singh accepted that the tenant was responsible for the insurance excess ($550.00) relating to this damage.

The outgoing photographs show what appears to be smoke damage to many of the walls throughout the property.

Ms Singh acknowledged that the walls were undamaged at the beginning of the tenancy but did not know how the damage occurred and did not accept that the tenant should be liable for the damage.

The landlord allowed the tenant to break the fixed term tenancy early subject to various conditions including payment of costs associated with finding a new tenant.

After some clarification, Ms Singh accepted that the remaining break lease cost of $603.85 was payable by the tenant. Filing fee

As Braziers Limited as agent for R A and G A Beer has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4696810 — Property damage at Flat 4, 117 Stanmore Road, Linwood, Christchurch 8011

At a glance

Tenancy Tribunal case 4696810 — Property damage at Flat 4, 117 Stanmore Road, Linwood, Christchurch 8011

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