How much money was awarded in case 4729689?

Cleaning: $185.00 awarded to landlord; Cleaning: $272.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $269.00 awarded to landlord; Property Damage: $231.94 awarded to landlord; Property Damage: $700.93 awarded to landlord; Rent Arrears: $518.77 awarded to landlord; Rubbish Removal: $639.56 awarded to landlord

What type of tenancy dispute was case 4729689?

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

Where can I read the official tribunal order for case 4729689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9749068-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4729689?

Cleaning: $185.00 awarded to landlord; Cleaning: $272.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $269.00 awarded to landlord; Property Damage: $231.94 awarded to landlord; Property Damage: $700.93 awarded to landlord; Rent Arrears: $518.77 awarded to landlord; Rubbish Removal: $639.56 awarded to landlord

What type of tenancy dispute was case 4729689?

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

Where can I read the official tribunal order for case 4729689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9749068-Tenancy_Tribunal_Order.pdf.

44 Orrick Crescent, Avondale, Christchurch 8061 Tenancy Tribunal Case 4729689 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4729689?

The tribunal order states: Bradley Todd must pay The Good Girls Property Management Limited as Agent

Order

Claims and awards in Tenancy Tribunal application 4729689 — net $1,667.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 September 2023	$518.77	Rent arrears to 29 September 2023
Lock/key replacement	$231.94	Lock/key replacement
Rubbish removal	$639.56	Rubbish removal
Lawns and Garden work	$269.00	Lawns and Garden work
Window repairs	$700.93	Window repairs
Carpet Cleaning	$185.00	Carpet Cleaning
Cleaning	$272.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,667.64
Total payable by Tenant to Landlord	$1,667.64

Bradley Todd must pay The Good Girls Property Management Limited as Agent for Bill Hardy $1,667.64 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,170.00 (5111911-001) to The Good Girls Property Management Limited as Agent for Bill Hardy immediately.

This order supersedes the mediator’s sealed order dated 19 June 2023.

Reasons

Ms Morrall and Ms Balloch attended the hearing for the landlord. The tenant did not attend.

The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent

The tenancy ended on 29 September 2023. The landlord provided a rent record for the period 6 October 2019 to 28 May 2023 showing arrears in the sum of $4,490. That was for the period before the Good Girls took over management of the tenancy.

They also provided their own ledger report for the period that they were managing the tenancy. I was not able to deduce the rent arrears from that report and so I invited them to provide additional evidence.

They have provided a rent record for the period 31 August 2023 to 29 September 2023. That doesn’t assist me because it misses the period June to August. As well, it appears not to record payments that are shown on the ledger.

I have therefore reverted to my original method of calculation. Rent due for the period 29 May to 29 September 2023 is $6,908.57. Adding that to the arrears as of 28 May 2023 makes $11,398.57. The ledger shows payments made since 29 September 2023 of $10,880. The difference is $578.57 and so that is what I have awarded.

I would encourage the Good Girls to put their rent records for production to the Tribunal in the form of the record prepared for the earlier period to avoid the need for calculations such as the one I have had to make in this case. Compensation Claims

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.

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).

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).

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.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenant did not return the keys.

Three windows in the premises were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered for compensation was proved by the production of photographs and invoices.

The landlord has succeeded and so the tenant must pay the filing fee.

Claims and awards in Tenancy Tribunal application 4729689 — net $1,667.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 September 2023	$518.77	Rent arrears to 29 September 2023
Lock/key replacement	$231.94	Lock/key replacement
Rubbish removal	$639.56	Rubbish removal
Lawns and Garden work	$269.00	Lawns and Garden work
Window repairs	$700.93	Window repairs
Carpet Cleaning	$185.00	Carpet Cleaning
Cleaning	$272.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,667.64
Total payable by Tenant to Landlord	$1,667.64

Order

Bradley Todd must pay The Good Girls Property Management Limited as Agent for Bill Hardy $1,667.64 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,170.00 (5111911-001) to The Good Girls Property Management Limited as Agent for Bill Hardy immediately.
This order supersedes the mediator’s sealed order dated 19 June 2023.

Reasons

Ms Morrall and Ms Balloch attended the hearing for the landlord. The tenant did not attend.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy ended on 29 September 2023. The landlord provided a rent record for the period 6 October 2019 to 28 May 2023 showing arrears in the sum of $4,490. That was for the period before the Good Girls took over management of the tenancy.
They also provided their own ledger report for the period that they were managing the tenancy. I was not able to deduce the rent arrears from that report and so I invited them to provide additional evidence.
They have provided a rent record for the period 31 August 2023 to 29 September 2023. That doesn’t assist me because it misses the period June to August. As well, it appears not to record payments that are shown on the ledger.
I have therefore reverted to my original method of calculation. Rent due for the period 29 May to 29 September 2023 is $6,908.57. Adding that to the arrears as of 28 May 2023 makes $11,398.57. The ledger shows payments made since 29 September 2023 of $10,880. The difference is $578.57 and so that is what I have awarded.
I would encourage the Good Girls to put their rent records for production to the Tribunal in the form of the record prepared for the earlier period to avoid the need for calculations such as the one I have had to make in this case. Compensation Claims
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.
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).
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).
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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
Three windows in the premises were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered for compensation was proved by the production of photographs and invoices.
The landlord has succeeded and so the tenant must pay the filing fee.

Tenancy Tribunal case 4729689 — Property damage at 44 Orrick Crescent, Avondale, Christchurch 8061

At a glance

Tenancy Tribunal case 4729689 — Property damage at 44 Orrick Crescent, Avondale, Christchurch 8061

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions