What was the outcome of Tenancy Tribunal case 4834795?

The tribunal order states: Lyla Arthurs and Michael Cross must pay Red Chilli Property Management

How much money was awarded in case 4834795?

Cleaning: $330.00 awarded to landlord; Compensation: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $905.63 awarded to landlord; Replace Carpet In Main Bedroom And S…: $713.33 awarded to landlord; Rubbish Removal: $86.34 awarded to landlord

What type of tenancy dispute was case 4834795?

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

Where can I read the official tribunal order for case 4834795?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10601389-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4834795?

The tribunal order states: Lyla Arthurs and Michael Cross must pay Red Chilli Property Management

How much money was awarded in case 4834795?

Cleaning: $330.00 awarded to landlord; Compensation: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $905.63 awarded to landlord; Replace Carpet In Main Bedroom And S…: $713.33 awarded to landlord; Rubbish Removal: $86.34 awarded to landlord

What type of tenancy dispute was case 4834795?

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

Where can I read the official tribunal order for case 4834795?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10601389-Tenancy_Tribunal_Order.pdf.

510 Kings Road, Southbridge, RD 3, Southbridge 7683 Tenancy Tribunal Case 4834795 — Rent arrears

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510 Kings Road, Southbridge, RD 3, Southbridge 7683 Tenancy Tribunal Case 4834795 — 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 4834795 — net $655.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 February 2024	$905.63	Rent arrears to 29 February 2024
Carpet cleaning	$330.00	Carpet cleaning
Replace carpet in main bedroom and sunroom (depreciated 30	$713.33	Replace carpet in main bedroom and sunroom (depreciated 30
Compensation for cost of carpet installation	$200.00	Compensation for cost of carpet installation
Rubbish removal/dump fees	$86.34	Rubbish removal/dump fees
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$655.74
Total payable by Tenant to Landlord	$655.74

Claims and awards for application 4834795 — net $655.74 NZD. Verify on MoJ.

Rent arrears to 29 February 2024

Amount: $905.63
Awarded to: Landlord
Reason: Rent arrears to 29 February 2024

Carpet cleaning

Amount: $330.00
Awarded to: Landlord
Reason: Carpet cleaning

Replace carpet in main bedroom and sunroom (depreciated 30

Amount: $713.33
Awarded to: Landlord
Reason: Replace carpet in main bedroom and sunroom (depreciated 30

Compensation for cost of carpet installation

Amount: $200.00
Awarded to: Landlord
Reason: Compensation for cost of carpet installation

Rubbish removal/dump fees

Amount: $86.34
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Compensation Filing Fee Rent arrears Rubbish Removal

Order

Lyla Arthurs and Michael Cross must pay Red Chilli Property Management Limited $655.74 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,600.00 (6159072-019) to Red Chilli Property Management Limited immediately.

Reasons

Ms Bell and Ms Lowe represented the landlord. The tenant advised the Tribunal she was unable to attend.
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 29 February 2024. The landlord provided rent records which prove the amount of rent 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 (RTA).
The tenants did not remove all rubbish when they vacated the tenancy The landlord has not claimed any compensation for having to clean the premises.
The carpets in the premises were stained and affected by animal odour. The carpets had to be commercially cleaned.

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 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.
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. See section 49B(1) RTA.
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. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy. The carpet in the main bedroom and sunroom was damaged and had to be replaced. The carpet was about 6 years old. The landlord’s insurer would not accept a claim for the damage. I have applied depreciation of 30% to this claim to reflect the age of the carpet.
I have awarded the landlord compensation for the removal of the damaged carpet and the installation of the new carpet.
The amounts ordered are proved by invoices and photos and by the evidence the landlord’s representatives gave at the hearing.
As the application is successful, the tenants must pay the landlord’s Tribunal 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 4834795 — net $655.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 February 2024	$905.63	Rent arrears to 29 February 2024
Carpet cleaning	$330.00	Carpet cleaning
Replace carpet in main bedroom and sunroom (depreciated 30	$713.33	Replace carpet in main bedroom and sunroom (depreciated 30
Compensation for cost of carpet installation	$200.00	Compensation for cost of carpet installation
Rubbish removal/dump fees	$86.34	Rubbish removal/dump fees
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$655.74
Total payable by Tenant to Landlord	$655.74

Claims and awards for application 4834795 — net $655.74 NZD. Verify on MoJ.

Rent arrears to 29 February 2024

Amount: $905.63
Awarded to: Landlord
Reason: Rent arrears to 29 February 2024

Carpet cleaning

Amount: $330.00
Awarded to: Landlord
Reason: Carpet cleaning

Replace carpet in main bedroom and sunroom (depreciated 30

Amount: $713.33
Awarded to: Landlord
Reason: Replace carpet in main bedroom and sunroom (depreciated 30

Compensation for cost of carpet installation

Amount: $200.00
Awarded to: Landlord
Reason: Compensation for cost of carpet installation

Rubbish removal/dump fees

Amount: $86.34
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Compensation Filing Fee Rent arrears Rubbish Removal

Order

Lyla Arthurs and Michael Cross must pay Red Chilli Property Management Limited $655.74 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,600.00 (6159072-019) to Red Chilli Property Management Limited immediately.

Reasons

Ms Bell and Ms Lowe represented the landlord. The tenant advised the Tribunal she was unable to attend.
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 29 February 2024. The landlord provided rent records which prove the amount of rent 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 (RTA).
The tenants did not remove all rubbish when they vacated the tenancy The landlord has not claimed any compensation for having to clean the premises.
The carpets in the premises were stained and affected by animal odour. The carpets had to be commercially cleaned.

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 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.
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. See section 49B(1) RTA.
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. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy. The carpet in the main bedroom and sunroom was damaged and had to be replaced. The carpet was about 6 years old. The landlord’s insurer would not accept a claim for the damage. I have applied depreciation of 30% to this claim to reflect the age of the carpet.
I have awarded the landlord compensation for the removal of the damaged carpet and the installation of the new carpet.
The amounts ordered are proved by invoices and photos and by the evidence the landlord’s representatives gave at the hearing.
As the application is successful, the tenants must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 4834795 — Rent arrears at 510 Kings Road, Southbridge, RD 3, Southbridge 7683

At a glance

Tenancy Tribunal case 4834795 — Rent arrears at 510 Kings Road, Southbridge, RD 3, Southbridge 7683

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