What was the outcome of Tenancy Tribunal case 4723410?

The tribunal order states: Johnathon Dean Lawson, Emily Hood and Hamish Gordon must pay Houzer

How much money was awarded in case 4723410?

Cleaning: $240.00 awarded to landlord; Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $37.50 awarded to landlord; Property Damage: $142.16 awarded to landlord; Property Damage: $550.00 awarded to landlord; Refill Gas Bottle: $35.00 awarded to landlord; Rent Arrears: $3,807.14 awarded to landlord; Rubbish Removal: $553.27 awarded to landlord; Smoke Alarms: $318.47 awarded to landlord

What type of tenancy dispute was case 4723410?

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

Where can I read the official tribunal order for case 4723410?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10417412-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4723410?

The tribunal order states: Johnathon Dean Lawson, Emily Hood and Hamish Gordon must pay Houzer

How much money was awarded in case 4723410?

Cleaning: $240.00 awarded to landlord; Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $37.50 awarded to landlord; Property Damage: $142.16 awarded to landlord; Property Damage: $550.00 awarded to landlord; Refill Gas Bottle: $35.00 awarded to landlord; Rent Arrears: $3,807.14 awarded to landlord; Rubbish Removal: $553.27 awarded to landlord; Smoke Alarms: $318.47 awarded to landlord

What type of tenancy dispute was case 4723410?

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

Where can I read the official tribunal order for case 4723410?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10417412-Tenancy_Tribunal_Order.pdf.

38 Amuri Street, Hei Hei, Christchurch 8042 Tenancy Tribunal Case 4723410 — Rent arrears

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38 Amuri Street, Hei Hei, Christchurch 8042 Tenancy Tribunal Case 4723410 — 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 4723410 — net $3,653.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 January 2023	$3,807.14	Rent arrears to 28 January 2023
Cleaning	$150.00	Cleaning
Carpet Cleaning	$240.00	Carpet Cleaning
Rubbish removal	$553.27	Rubbish removal
Lawns and Garden work	$37.50	Lawns and Garden work
Refill gas bottle	$35.00	Refill gas bottle
Window repairs	$142.16	Window repairs
Repair and paint walls and woodwork	$550.00	Repair and paint walls and woodwork
Replace window latch, net curtain, smoke alarms, light bulbs, light fitting and light shades (including labour	$318.47	Replace window latch, net curtain, smoke alarms, light bulbs, light fitting and light shades (including labour
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,653.98
Total payable by Tenant to Landlord	$3,653.98

Claims and awards for application 4723410 — net $3,653.98 NZD. Verify on MoJ.

Rent arrears to 28 January 2023

Amount: $3,807.14
Awarded to: Landlord
Reason: Rent arrears to 28 January 2023

Cleaning

Amount: $150.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $240.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $553.27
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $37.50
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

Johnathon Dean Lawson, Emily Hood and Hamish Gordon must pay Houzer Holdings Limited $3,653.98 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 (5082407-004) to Houzer Holdings Limited immediately.

Reasons

Ms Valentine attended the hearing for the landlord company. The Companies Office records that Ms Valentine and Mr Tim Valentine are the directors and shareholders of the company. There was no appearance from 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 28 January 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenants comply with their obligations at the end of the tenancy?

The tenants did not leave the premises reasonably clean and tidy, did not remove all rubbish, and did not leave all chattels provided for their benefit as required by section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act). The chattels missing at the end of the tenancy were five smoke alarms, six lightbulbs, a light bayonet in the master bedroom wardrobe, and two light shades in bedrooms. The tenants also did not refill the 9kg gas bottle at the end of the tenancy.
The amounts ordered to replace the missing chattels and clean the carpets have been established by the production of receipts. The cleaning work, the work to tidy the lawns and gardens, and the rubbish removal work was completed by the landlord. When landlords complete work themselves on their rental properties an hourly rate of $25.00 is considered reasonable compensation. The amounts ordered for this work has been established by the evidence of Ms Valentine regarding the hours spent to complete the work and the production of receipts for rubbish dump fees and materials purchased.

Are the tenants responsible for the damage to the premises?

The landlord claims the cost to replace a broken window in a bedroom, a broken window latch in the sleepout, a ripped net curtain in the front bedroom, and to repaint the walls and woodwork in the lounge, kitchen, hall, master bedroom and bathroom. Ms Valentine said that the tenants had attempted to paint the walls in these rooms and the work was not up to a tradesman like standard.
I am satisfied that the landlord has established that the damage occurred during the tenancy, is beyond fair wear and tear, and the tenants have not disproved liability for it: sections 40(2)(a), 41 and 49B of the Act.
The landlord has established the cost to replace the broken window, and to purchase the curtain and the window latch by the production of a receipts. The landlord completed the painting work themselves. Again, an hourly rate of $25.00 is considered reasonable compensation for this work. The landlord provided evidence to prove the time spent on completing the painting work and provided receipts for the materials purchased.
The amount claimed to replace the net curtain and to complete the painting work has also been reduced to account for depreciation or betterment. The landlord should be returned to the position they would have been in had the tenants not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the end of the tenancy and their likely useful lifespan. The net curtain was approximately two years old and net curtains are expected to last approximately three years before requiring replacement. The walls and woodwork were last painted approximately seven years before the tenancy ended. Walls are expected to require repainting approximately every 12 years. Moreover, the pre tenancy inspection report records that the lounge walls were not in an acceptable condition by both the landlord and the tenant with the comment “no wallpaper”. It is therefore likely that the walls in that room required painting in any event.
The landlord also claims time to install the net curtain, the window latch, and the missing chattels. In the circumstances I consider the sum of $50.00 (two hours at $25.00 per hour) reasonable to compensate them for this work.
The landlord has been successful in its claims, and I therefore award it payment of the Tribunal application fee.

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 4723410 — net $3,653.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 January 2023	$3,807.14	Rent arrears to 28 January 2023
Cleaning	$150.00	Cleaning
Carpet Cleaning	$240.00	Carpet Cleaning
Rubbish removal	$553.27	Rubbish removal
Lawns and Garden work	$37.50	Lawns and Garden work
Refill gas bottle	$35.00	Refill gas bottle
Window repairs	$142.16	Window repairs
Repair and paint walls and woodwork	$550.00	Repair and paint walls and woodwork
Replace window latch, net curtain, smoke alarms, light bulbs, light fitting and light shades (including labour	$318.47	Replace window latch, net curtain, smoke alarms, light bulbs, light fitting and light shades (including labour
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,653.98
Total payable by Tenant to Landlord	$3,653.98

Claims and awards for application 4723410 — net $3,653.98 NZD. Verify on MoJ.

Rent arrears to 28 January 2023

Amount: $3,807.14
Awarded to: Landlord
Reason: Rent arrears to 28 January 2023

Cleaning

Amount: $150.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $240.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $553.27
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $37.50
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

Johnathon Dean Lawson, Emily Hood and Hamish Gordon must pay Houzer Holdings Limited $3,653.98 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 (5082407-004) to Houzer Holdings Limited immediately.

Reasons

Ms Valentine attended the hearing for the landlord company. The Companies Office records that Ms Valentine and Mr Tim Valentine are the directors and shareholders of the company. There was no appearance from 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 28 January 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenants comply with their obligations at the end of the tenancy?

The tenants did not leave the premises reasonably clean and tidy, did not remove all rubbish, and did not leave all chattels provided for their benefit as required by section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act). The chattels missing at the end of the tenancy were five smoke alarms, six lightbulbs, a light bayonet in the master bedroom wardrobe, and two light shades in bedrooms. The tenants also did not refill the 9kg gas bottle at the end of the tenancy.
The amounts ordered to replace the missing chattels and clean the carpets have been established by the production of receipts. The cleaning work, the work to tidy the lawns and gardens, and the rubbish removal work was completed by the landlord. When landlords complete work themselves on their rental properties an hourly rate of $25.00 is considered reasonable compensation. The amounts ordered for this work has been established by the evidence of Ms Valentine regarding the hours spent to complete the work and the production of receipts for rubbish dump fees and materials purchased.

Are the tenants responsible for the damage to the premises?

The landlord claims the cost to replace a broken window in a bedroom, a broken window latch in the sleepout, a ripped net curtain in the front bedroom, and to repaint the walls and woodwork in the lounge, kitchen, hall, master bedroom and bathroom. Ms Valentine said that the tenants had attempted to paint the walls in these rooms and the work was not up to a tradesman like standard.
I am satisfied that the landlord has established that the damage occurred during the tenancy, is beyond fair wear and tear, and the tenants have not disproved liability for it: sections 40(2)(a), 41 and 49B of the Act.
The landlord has established the cost to replace the broken window, and to purchase the curtain and the window latch by the production of a receipts. The landlord completed the painting work themselves. Again, an hourly rate of $25.00 is considered reasonable compensation for this work. The landlord provided evidence to prove the time spent on completing the painting work and provided receipts for the materials purchased.
The amount claimed to replace the net curtain and to complete the painting work has also been reduced to account for depreciation or betterment. The landlord should be returned to the position they would have been in had the tenants not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the end of the tenancy and their likely useful lifespan. The net curtain was approximately two years old and net curtains are expected to last approximately three years before requiring replacement. The walls and woodwork were last painted approximately seven years before the tenancy ended. Walls are expected to require repainting approximately every 12 years. Moreover, the pre tenancy inspection report records that the lounge walls were not in an acceptable condition by both the landlord and the tenant with the comment “no wallpaper”. It is therefore likely that the walls in that room required painting in any event.
The landlord also claims time to install the net curtain, the window latch, and the missing chattels. In the circumstances I consider the sum of $50.00 (two hours at $25.00 per hour) reasonable to compensate them for this work.
The landlord has been successful in its claims, and I therefore award it payment of the Tribunal application fee.

Tenancy Tribunal case 4723410 — Rent arrears at 38 Amuri Street, Hei Hei, Christchurch 8042

At a glance

Tenancy Tribunal case 4723410 — Rent arrears at 38 Amuri Street, Hei Hei, Christchurch 8042

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants 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 tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions