What was the outcome of Tenancy Tribunal case 4771277?

The tribunal order states: Macey David Deans must pay Braziers Limited as Agent for David Lundy

How much money was awarded in case 4771277?

Cleaning: $418.40 awarded to landlord; Cleaning: $132.83 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lampshade: $143.70 awarded to landlord; Possession Warrant Fee: $200.00 awarded to landlord; Property Damage: $2,007.50 awarded to landlord; Property Damage: $289.10 awarded to landlord; Property Damage: $271.06 awarded to landlord; Rent Arrears: $510.00 awarded to landlord; Rubbish Removal: $1,166.00 awarded to landlord

What type of tenancy dispute was case 4771277?

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

Where can I read the official tribunal order for case 4771277?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9913752-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4771277?

The tribunal order states: Macey David Deans must pay Braziers Limited as Agent for David Lundy

How much money was awarded in case 4771277?

Cleaning: $418.40 awarded to landlord; Cleaning: $132.83 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lampshade: $143.70 awarded to landlord; Possession Warrant Fee: $200.00 awarded to landlord; Property Damage: $2,007.50 awarded to landlord; Property Damage: $289.10 awarded to landlord; Property Damage: $271.06 awarded to landlord; Rent Arrears: $510.00 awarded to landlord; Rubbish Removal: $1,166.00 awarded to landlord

What type of tenancy dispute was case 4771277?

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

Where can I read the official tribunal order for case 4771277?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9913752-Tenancy_Tribunal_Order.pdf.

33 Buccleugh Street, Phillipstown, Christchurch 8011 Tenancy Tribunal Case 4771277 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4771277 — net $3,239.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 October 2023	$510.00	Rent arrears to 31 October 2023
Cleaning	$418.40	Cleaning
Rubbish removal	$1,166.00	Rubbish removal
Repairs and painting	$2,007.50	Repairs and painting
Cleaning during tenancy	$132.83	Cleaning during tenancy
Lampshade	$143.70	Lampshade
Lock/key replacement	$289.10	Lock/key replacement
Tap replacement	$271.06	Tap replacement
Possession warrant fee	$200.00	Possession warrant fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,239.03
Total payable by Tenant to Landlord	$3,239.03

Ms Roundhill 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 31 October 2023. The landlord provided rent records to prove the amount owing at the end of the tenancy as ordered. The Tenant’s Other Obligations

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.

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. Claims and Awards

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

The tenant did not return the keys.

A lampshade was missing from the premises at the end of the tenancy.

The premises were damaged during the tenancy. There was widespread damage to walls including gouges to the walls, torn wallpaper and nail holes. There was also damage to a tap which needed to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I find that in the main, the damage was caused carelessly not intentionally.

Insurance does affect the claim because the damage consisted of numerous different events and an excess would apply to each of them or at least to every area affected and the cost of repairs would not exceed the excess.

The landlord submitted an invoice for repairs, painting and wallpapering in the sum of $4,015. The landlord accepted that the invoice included work to make good fair wear and tear. The landlord proposed that half the invoice relates to damage that was beyond fair wear and tear. I find that to be a reasonable apportionment.

In addition to the end of tenancy cleaning, there was cleaning following a landlord’s breach notice. The tenant did not comply with the notice and allowed the landlord’s cleaner into the premises to clean. I accept that the cleaning was needed to avoid damage to the premises and so I have awarded the cost.

The end of tenancy cleaning was supported by an invoice. The landlord reduced the claim to 75% of the invoice amount because some cleaning went beyond what was required for reasonably clean and tidy. I accept that landlord’s assessment.

The amounts ordered were proved by the production of photographs and invoices.

I have included, for enforcement purposes, the cost of a warrant of possession that was issued following a previous order for conditional termination.

The landlord has succeeded and so I have awarded the filing fee.

Claims and awards in Tenancy Tribunal application 4771277 — net $3,239.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 October 2023	$510.00	Rent arrears to 31 October 2023
Cleaning	$418.40	Cleaning
Rubbish removal	$1,166.00	Rubbish removal
Repairs and painting	$2,007.50	Repairs and painting
Cleaning during tenancy	$132.83	Cleaning during tenancy
Lampshade	$143.70	Lampshade
Lock/key replacement	$289.10	Lock/key replacement
Tap replacement	$271.06	Tap replacement
Possession warrant fee	$200.00	Possession warrant fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,239.03
Total payable by Tenant to Landlord	$3,239.03

Order

Macey David Deans must pay Braziers Limited as Agent for David Lundy $3,239.03 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,920.00 (5560150-006) to Braziers Limited as Agent for David Lundy immediately.

Reasons

Ms Roundhill 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 31 October 2023. The landlord provided rent records to prove the amount owing at the end of the tenancy as ordered. The Tenant’s Other Obligations
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.
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. Claims and Awards
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
A lampshade was missing from the premises at the end of the tenancy.
The premises were damaged during the tenancy. There was widespread damage to walls including gouges to the walls, torn wallpaper and nail holes. There was also damage to a tap which needed to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I find that in the main, the damage was caused carelessly not intentionally.
Insurance does affect the claim because the damage consisted of numerous different events and an excess would apply to each of them or at least to every area affected and the cost of repairs would not exceed the excess.
The landlord submitted an invoice for repairs, painting and wallpapering in the sum of $4,015. The landlord accepted that the invoice included work to make good fair wear and tear. The landlord proposed that half the invoice relates to damage that was beyond fair wear and tear. I find that to be a reasonable apportionment.
In addition to the end of tenancy cleaning, there was cleaning following a landlord’s breach notice. The tenant did not comply with the notice and allowed the landlord’s cleaner into the premises to clean. I accept that the cleaning was needed to avoid damage to the premises and so I have awarded the cost.
The end of tenancy cleaning was supported by an invoice. The landlord reduced the claim to 75% of the invoice amount because some cleaning went beyond what was required for reasonably clean and tidy. I accept that landlord’s assessment.
The amounts ordered were proved by the production of photographs and invoices.
I have included, for enforcement purposes, the cost of a warrant of possession that was issued following a previous order for conditional termination.
The landlord has succeeded and so I have awarded the filing fee.

Tenancy Tribunal case 4771277 — Property damage at 33 Buccleugh Street, Phillipstown, Christchurch 8011

At a glance

Tenancy Tribunal case 4771277 — Property damage at 33 Buccleugh Street, Phillipstown, Christchurch 8011

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