What was the outcome of Tenancy Tribunal case 4809858?

The tribunal order states: Andrew Scott must pay Waratah Holdings No. 4 Limited $3,956.48 immediately,

How much money was awarded in case 4809858?

Cleaning: $187.00 awarded to landlord; Cleaning: $907.64 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Carpet: $951.40 awarded to landlord; Rent Arrears: $1,890.00 awarded to landlord

What type of tenancy dispute was case 4809858?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4809858?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10920410-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4809858?

The tribunal order states: Andrew Scott must pay Waratah Holdings No. 4 Limited $3,956.48 immediately,

How much money was awarded in case 4809858?

Cleaning: $187.00 awarded to landlord; Cleaning: $907.64 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Carpet: $951.40 awarded to landlord; Rent Arrears: $1,890.00 awarded to landlord

What type of tenancy dispute was case 4809858?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4809858?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10920410-Tenancy_Tribunal_Order.pdf.

Unit 1, 49 Charles Street, Waltham, Christchurch 8011 Tenancy Tribunal Case 4809858 — Rent arrears

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Unit 1, 49 Charles Street, Waltham, Christchurch 8011 Tenancy Tribunal Case 4809858 — 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 4809858 — net $3,956.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 October 2023	$1,890.00	Rent arrears to 16 October 2023
Carpet Cleaning	$187.00	Carpet Cleaning
Cleaning	$907.64	Cleaning
Garage carpet	$951.40	Garage carpet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,956.48
Total payable by Tenant to Landlord	$3,956.48

Claims and awards for application 4809858 — net $3,956.48 NZD. Verify on MoJ.

Rent arrears to 16 October 2023

Amount: $1,890.00
Awarded to: Landlord
Reason: Rent arrears to 16 October 2023

Carpet Cleaning

Amount: $187.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $907.64
Awarded to: Landlord
Reason: Cleaning

Garage carpet

Amount: $951.40
Awarded to: Landlord
Reason: Garage carpet

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears

Order

Andrew Scott must pay Waratah Holdings No. 4 Limited $3,956.48 immediately, calculated as shown in the table below.
The landlord’s claim for glass damage is withdrawn.

Reasons

The landlord’s representatives attended the hearing. The tenant did not attend.
The landlords produced evidence that the tenant was served personally with notice of this application.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy ended on 16 October 2023. The landlord provided rent records to prove the amount owing at the end of the tenancy as ordered above. The Tenant’s Other Obligations and the Landlord’s Claims
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy.
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).
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. The house including the garage and carpet needed extensive cleaning.
There was damage to the carpet in the garage during the tenancy to such an extent that the carpet had to be replaced. The damage was beyond fair and tear.
The damage was likely from dog urine. The damage extended into the concrete floor which had to be ground down before the replacement carpet was laid.
Given the nature and extent of the damage I find that it was caused intentionally by the tenant. A dog or dogs must have been kept in the garage in circumstances where it was inevitable that they would urinate on the carpet and damage it. The tenant must have been aware of that and allowed it to happen.
The premises were eight years old, and the garage carpet should have been in good condition at the end this tenancy of the same duration. There is therefore no reduction for betterment.
The sums ordered were proved by the production of invoices.
There was damage to window glass during the tenancy but that was covered fully by the landlord’s insurance and so the claim was withdrawn.
The landlord has succeeded and so the tenant must pay the filing 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 4809858 — net $3,956.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 October 2023	$1,890.00	Rent arrears to 16 October 2023
Carpet Cleaning	$187.00	Carpet Cleaning
Cleaning	$907.64	Cleaning
Garage carpet	$951.40	Garage carpet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,956.48
Total payable by Tenant to Landlord	$3,956.48

Claims and awards for application 4809858 — net $3,956.48 NZD. Verify on MoJ.

Rent arrears to 16 October 2023

Amount: $1,890.00
Awarded to: Landlord
Reason: Rent arrears to 16 October 2023

Carpet Cleaning

Amount: $187.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $907.64
Awarded to: Landlord
Reason: Cleaning

Garage carpet

Amount: $951.40
Awarded to: Landlord
Reason: Garage carpet

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears

Order

Andrew Scott must pay Waratah Holdings No. 4 Limited $3,956.48 immediately, calculated as shown in the table below.
The landlord’s claim for glass damage is withdrawn.

Reasons

The landlord’s representatives attended the hearing. The tenant did not attend.
The landlords produced evidence that the tenant was served personally with notice of this application.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy ended on 16 October 2023. The landlord provided rent records to prove the amount owing at the end of the tenancy as ordered above. The Tenant’s Other Obligations and the Landlord’s Claims
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy.
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).
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. The house including the garage and carpet needed extensive cleaning.
There was damage to the carpet in the garage during the tenancy to such an extent that the carpet had to be replaced. The damage was beyond fair and tear.
The damage was likely from dog urine. The damage extended into the concrete floor which had to be ground down before the replacement carpet was laid.
Given the nature and extent of the damage I find that it was caused intentionally by the tenant. A dog or dogs must have been kept in the garage in circumstances where it was inevitable that they would urinate on the carpet and damage it. The tenant must have been aware of that and allowed it to happen.
The premises were eight years old, and the garage carpet should have been in good condition at the end this tenancy of the same duration. There is therefore no reduction for betterment.
The sums ordered were proved by the production of invoices.
There was damage to window glass during the tenancy but that was covered fully by the landlord’s insurance and so the claim was withdrawn.
The landlord has succeeded and so the tenant must pay the filing fee.

Tenancy Tribunal case 4809858 — Rent arrears at Unit 1, 49 Charles Street, Waltham, Christchurch 8011

At a glance

Tenancy Tribunal case 4809858 — Rent arrears at Unit 1, 49 Charles Street, Waltham, 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