What was the outcome of Tenancy Tribunal case 4795298?

The tribunal order states: Ben Carl McGill must pay Vision Property Management Limited T/A Harcourts

How much money was awarded in case 4795298?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $258.75 awarded to landlord; Rent Arrears: $2,121.43 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rubbish Removal: $80.00 awarded to landlord

What type of tenancy dispute was case 4795298?

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

Where can I read the official tribunal order for case 4795298?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10341711-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4795298?

The tribunal order states: Ben Carl McGill must pay Vision Property Management Limited T/A Harcourts

How much money was awarded in case 4795298?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $258.75 awarded to landlord; Rent Arrears: $2,121.43 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rubbish Removal: $80.00 awarded to landlord

What type of tenancy dispute was case 4795298?

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

Where can I read the official tribunal order for case 4795298?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10341711-Tenancy_Tribunal_Order.pdf.

50 Akaroa Street, Mairehau, Christchurch 8013 Tenancy Tribunal Case 4795298 — Rent arrears

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50 Akaroa Street, Mairehau, Christchurch 8013 Tenancy Tribunal Case 4795298 — 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 4795298 — net $1,680.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 4/2/2024	$2,121.43	Rent arrears (to 4/2/2024
Rubbish removal	$80.00	Rubbish removal
Lawns and Garden work	$258.75	Lawns and Garden work
Repairs: Insurance Excess - Spouting	$1,000.00	Repairs: Insurance Excess - Spouting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,680.62
Total payable by Tenant to Landlord	$1,680.62

Claims and awards for application 4795298 — net $1,680.62 NZD. Verify on MoJ.

Rent arrears (to 4/2/2024

Amount: $2,121.43
Awarded to: Landlord
Reason: Rent arrears (to 4/2/2024

Rubbish removal

Amount: $80.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $258.75
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: Insurance Excess - Spouting

Amount: $1,000.00
Awarded to: Landlord
Reason: Repairs: Insurance Excess - Spouting

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Rent arrears Property damage Rubbish Removal

Order

Ben Carl McGill must pay Vision Property Management Limited T/A Harcourts As Agent For Les Mason & Thiranard Mason $1,680.62 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 4/2/2024)$2,121.43 Rubbish removal$80.00 Lawns and Garden work$258.75 Repairs: Insurance Excess - Spouting$1,000.00 Filing fee reimbursement$20.44 Total award$3,480.62 Bond$1,800.00 Total payable by Tenant to Landlord$1,680.62
The Bond Centre is to pay the bond of $1,800.00 (3150039-011) to Vision Property Management Limited T/A Harcourts As Agent For Les Mason & Thiranard Mason immediately.

Reasons

A representative of the landlord attended the hearing.
Mr McGill did not attend. He had applied for an adjournment, but the supporting documentation was inconsistent with the reason given for the adjournment request. The adjournment was declined, and Mr McGill was advised of that.
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 4 February 2024. The landlord provided rent records which prove the amount of $2,121.43 owing at 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, 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 garden at the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided invoices and photographs. 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.
Copper spouting was removed from the property during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided ingoing and outgoing photographs and communication with its insurer. The amounts ordered are proved.
As the landlord was successful, I have also ordered reimbursement 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 4795298 — net $1,680.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 4/2/2024	$2,121.43	Rent arrears (to 4/2/2024
Rubbish removal	$80.00	Rubbish removal
Lawns and Garden work	$258.75	Lawns and Garden work
Repairs: Insurance Excess - Spouting	$1,000.00	Repairs: Insurance Excess - Spouting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,680.62
Total payable by Tenant to Landlord	$1,680.62

Claims and awards for application 4795298 — net $1,680.62 NZD. Verify on MoJ.

Rent arrears (to 4/2/2024

Amount: $2,121.43
Awarded to: Landlord
Reason: Rent arrears (to 4/2/2024

Rubbish removal

Amount: $80.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $258.75
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: Insurance Excess - Spouting

Amount: $1,000.00
Awarded to: Landlord
Reason: Repairs: Insurance Excess - Spouting

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Rent arrears Property damage Rubbish Removal

Order

Ben Carl McGill must pay Vision Property Management Limited T/A Harcourts As Agent For Les Mason & Thiranard Mason $1,680.62 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 4/2/2024)$2,121.43 Rubbish removal$80.00 Lawns and Garden work$258.75 Repairs: Insurance Excess - Spouting$1,000.00 Filing fee reimbursement$20.44 Total award$3,480.62 Bond$1,800.00 Total payable by Tenant to Landlord$1,680.62
The Bond Centre is to pay the bond of $1,800.00 (3150039-011) to Vision Property Management Limited T/A Harcourts As Agent For Les Mason & Thiranard Mason immediately.

Reasons

A representative of the landlord attended the hearing.
Mr McGill did not attend. He had applied for an adjournment, but the supporting documentation was inconsistent with the reason given for the adjournment request. The adjournment was declined, and Mr McGill was advised of that.
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 4 February 2024. The landlord provided rent records which prove the amount of $2,121.43 owing at 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, 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 garden at the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided invoices and photographs. 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.
Copper spouting was removed from the property during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided ingoing and outgoing photographs and communication with its insurer. The amounts ordered are proved.
As the landlord was successful, I have also ordered reimbursement of the Tribunal application fee.

Tenancy Tribunal case 4795298 — Rent arrears at 50 Akaroa Street, Mairehau, Christchurch 8013

At a glance

Tenancy Tribunal case 4795298 — Rent arrears at 50 Akaroa Street, Mairehau, Christchurch 8013

At a glance

Award balance

Claims & awards

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?

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 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