What was the outcome of Tenancy Tribunal case 4757216?

The tribunal order states: Douglas McRoy must pay Christchurch Methodist Central Mission $6,646.90

How much money was awarded in case 4757216?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4757216?

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

Where can I read the official tribunal order for case 4757216?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10289394-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4757216?

The tribunal order states: Douglas McRoy must pay Christchurch Methodist Central Mission $6,646.90

How much money was awarded in case 4757216?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4757216?

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

Where can I read the official tribunal order for case 4757216?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10289394-Tenancy_Tribunal_Order.pdf.

18A Cubitt Street, Blenheim 7201 Tenancy Tribunal Case 4757216 — Rent arrears

Order

Douglas McRoy must pay Christchurch Methodist Central Mission $6,646.90 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance by the tenant. A prior case conference had addressed the question of service. Given that, the hearing proceeded without the tenant.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 12 September 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. There was a slight adjusted downwards from that claimed due to the rent summary extending beyond the actual termination date.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord provided invoices for rubbish removal ($672.65), lawns and gardens ($695.75), carpet cleaning ($224.25), and a full house clean ($1,328.25). Photos were provided in support of the claims. The property manager in attendance conducted the final inspection and was able to provide further description of the issues encountered.
The invoices are accepted in full bar the cleaning invoice. It lacks detail and was a “commercial clean”. The photos do not support the high cost to return the premises to a reasonable condition and I award 50% of that invoice as fair reimbursement for the tenant liable costs.
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. 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 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.
The following damage was caused during the tenancy: a. Broken power point: this was replaced at an invoiced cost of $151.23. b. Plaster and repainting to walls: a number of walls required repainting due to damage. One small hole required replastering. An invoice for $604.74 established the cost and the photos evidenced the need. The full invoice is awarded.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. No allowance for these has been required.
The bond is showing as returned to the landlord. It is applied against the debt in this order. Application filing fee
Because Christchurch Methodist Central Mission has wholly succeeded with the claim I must reimburse the filing fee.

Order

Douglas McRoy must pay Christchurch Methodist Central Mission $6,646.90 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance by the tenant. A prior case conference had addressed the question of service. Given that, the hearing proceeded without the tenant.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 12 September 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. There was a slight adjusted downwards from that claimed due to the rent summary extending beyond the actual termination date.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord provided invoices for rubbish removal ($672.65), lawns and gardens ($695.75), carpet cleaning ($224.25), and a full house clean ($1,328.25). Photos were provided in support of the claims. The property manager in attendance conducted the final inspection and was able to provide further description of the issues encountered.
The invoices are accepted in full bar the cleaning invoice. It lacks detail and was a “commercial clean”. The photos do not support the high cost to return the premises to a reasonable condition and I award 50% of that invoice as fair reimbursement for the tenant liable costs.
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. 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 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.
The following damage was caused during the tenancy: a. Broken power point: this was replaced at an invoiced cost of $151.23. b. Plaster and repainting to walls: a number of walls required repainting due to damage. One small hole required replastering. An invoice for $604.74 established the cost and the photos evidenced the need. The full invoice is awarded.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. No allowance for these has been required.
The bond is showing as returned to the landlord. It is applied against the debt in this order. Application filing fee
Because Christchurch Methodist Central Mission has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4757216 — Rent arrears at 18A Cubitt Street, Blenheim 7201

Tenancy Tribunal case 4757216 — Rent arrears at 18A Cubitt Street, Blenheim 7201

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?

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?