What was the outcome of Tenancy Tribunal case 4866622?

The tribunal order states: Cecilia Maree Rushton and Rahiri tupe Jones Whiu-Bennett must pay Daniel

How much money was awarded in case 4866622?

____________________________________…: $674.23 awarded to landlord; Cleaning: $640.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Missing Cupboard: $150.00 awarded to landlord; Property Damage: $98.98 awarded to landlord; Property Damage: $515.19 awarded to landlord; Property Damage: $78.35 awarded to landlord; Property Damage: $49.54 awarded to landlord; Property Damage: $22.00 awarded to landlord; Property Damage: $78.98 awarded to landlord; Property Damage: $32.83 awarded to landlord; Property Damage: $230.00 awarded to landlord; Property Damage: $494.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Property Damage: $1,514.24 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $2,700.00 awarded to landlord; Replace Fluorescent Tubes: $17.15 awarded to landlord; Replace Garage Remotes: $290.00 awarded to landlord; Replace Heat Pump Remotes: $118.00 awarded to landlord; Replace Shower Roll Fittings: $36.00 awarded to landlord; Replace Toilet Roll Holders: $41.80 awarded to landlord; Rubbish Removal: $543.44 awarded to landlord

What type of tenancy dispute was case 4866622?

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

Where can I read the official tribunal order for case 4866622?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10666569-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4866622?

The tribunal order states: Cecilia Maree Rushton and Rahiri tupe Jones Whiu-Bennett must pay Daniel

How much money was awarded in case 4866622?

____________________________________…: $674.23 awarded to landlord; Cleaning: $640.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Missing Cupboard: $150.00 awarded to landlord; Property Damage: $98.98 awarded to landlord; Property Damage: $515.19 awarded to landlord; Property Damage: $78.35 awarded to landlord; Property Damage: $49.54 awarded to landlord; Property Damage: $22.00 awarded to landlord; Property Damage: $78.98 awarded to landlord; Property Damage: $32.83 awarded to landlord; Property Damage: $230.00 awarded to landlord; Property Damage: $494.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Property Damage: $1,514.24 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $2,700.00 awarded to landlord; Replace Fluorescent Tubes: $17.15 awarded to landlord; Replace Garage Remotes: $290.00 awarded to landlord; Replace Heat Pump Remotes: $118.00 awarded to landlord; Replace Shower Roll Fittings: $36.00 awarded to landlord; Replace Toilet Roll Holders: $41.80 awarded to landlord; Rubbish Removal: $543.44 awarded to landlord

What type of tenancy dispute was case 4866622?

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

Where can I read the official tribunal order for case 4866622?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10666569-Tenancy_Tribunal_Order.pdf.

8 Everest Street, Burnside, Christchurch 8053 Tenancy Tribunal Case 4866622 — Property damage

Claims and awards in Tenancy Tribunal application 4866622 — net $6,895.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 April 2024	$2,700.00	Rent arrears to 3 April 2024
Cleaning	$640.00	Cleaning
Rubbish removal	$543.44	Rubbish removal
Lock/key replacement	$98.98	Lock/key replacement
Replace garage remotes	$290.00	Replace garage remotes
Replace heat pump remotes	$118.00	Replace heat pump remotes
Missing cupboard	$150.00	Missing cupboard
Window repairs	$515.19	Window repairs
Repair window latch	$78.35	Repair window latch
Replace fluorescent tubes	$17.15	Replace fluorescent tubes
Replace toilet roll holders	$41.80	Replace toilet roll holders
Repair switches	$49.54	Repair switches
Repair garden shed	$22.00	Repair garden shed
Repair cat door	$78.98	Repair cat door
Repair cupboard door hinges	$32.83	Repair cupboard door hinges
Replace shower roll fittings	$36.00	Replace shower roll fittings
Repair oven knob and thermostat	$230.00	Repair oven knob and thermostat
__________________________________________________________________________________ 48666222 Replace glass in lounge door	$674.23	__________________________________________________________________________________ 48666222 Replace glass in lounge door
Repair Kitchen roller door cupboard	$494.00	Repair Kitchen roller door cupboard
Repair walls	$400.00	Repair walls
Replace wardrobe door - insurance excess	$650.00	Replace wardrobe door - insurance excess
Repair doors, jambs and architraves	$1,514.24	Repair doors, jambs and architraves
Carpet replacement	$200.00	Carpet replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,895.17
Total payable by Tenant to Landlord	$6,895.17

Claims and awards in Tenancy Tribunal application 4866622 — net $6,895.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 3 April 2024

$2,700.00

Rent arrears to 3 April 2024

Cleaning

$640.00

Cleaning

Rubbish removal

$543.44

Rubbish removal

Lock/key replacement

$98.98

Lock/key replacement

Replace garage remotes

$290.00

Replace garage remotes

Replace heat pump remotes

$118.00

Replace heat pump remotes

Missing cupboard

$150.00

Missing cupboard

Window repairs

$515.19

Window repairs

Repair window latch

$78.35

Repair window latch

Replace fluorescent tubes

$17.15

Replace fluorescent tubes

Replace toilet roll holders

$41.80

Replace toilet roll holders

Repair switches

$49.54

Repair switches

Repair garden shed

$22.00

Repair garden shed

Repair cat door

$78.98

Repair cat door

Repair cupboard door hinges

$32.83

Repair cupboard door hinges

Replace shower roll fittings

$36.00

Replace shower roll fittings

Repair oven knob and thermostat

$230.00

Repair oven knob and thermostat

__________________________________________________________________________________ 48666222 Replace glass in lounge door

$674.23

__________________________________________________________________________________ 48666222 Replace glass in lounge door

Repair Kitchen roller door cupboard

$494.00

Repair Kitchen roller door cupboard

Repair walls

$400.00

Repair walls

Replace wardrobe door - insurance excess

$650.00

Replace wardrobe door - insurance excess

Repair doors, jambs and architraves

$1,514.24

Repair doors, jambs and architraves

Carpet replacement

$200.00

Carpet replacement

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$6,895.17

Total payable by Tenant to Landlord

$6,895.17

Reasons

Mr Williams attended the hearing. The tenants did not 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 3 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenants comply with their obligations at the end of the tenancy?

The tenants did not leave the premises reasonably clean, did not remove all rubbish, did not return the keys, and did not leave all chattels provided for their benefit as required by section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).

The chattels missing at the end of the tenancy were: two garage door remotes, two heat pump remotes, three fluorescent light bulbs in the second lounge, and a cupboard in the second lounge.

The amounts ordered have been established by the production of invoices and by the evidence of Mr Williams who completed some of the work himself.

Mr Williams claims the sum of $3,195.85 for the missing cupboard based on a quote to have a cupboard of similar size made. However, the cupboard was approximately 12 to 15 years old and therefore probably near the end of its useful life. Moreover, it is not clear whether Mr Williams does intend to have the cupboard replaced. In the circumstances I consider $150.00 reasonable to compensate him for the missing cupboard.

Are the tenants responsible for the damage to the premises?

To be successful in a claim for damage to the premises, the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant, or others at the premises with their permission, must prove they did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Act.

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: section 49B(3)(a) of the Act.

The following damage occurred during the tenancy, is beyond fair wear and tear, and the tenants have not disproved liability for it: • Three broken windows (in the first bedroom on the right, the garage, and the lounge door) • Installation of clear glass in a lounge door instead of stippolyte • Broken bathroom window latch • Broken toilet roll holder and one missing • Broken electrical power switch and light switch in main bedroom • Damaged garden shed • Broken cat door • Broken hinges in pantry door and cupboard above fridge • Missing shower door roll fittings • Broken oven knob and thermostat • Broken roller door in kitchen • Broken mirrored glass in bedroom wardrobe door • Damaged bathroom door jamb and door • Damaged fittings in two upstairs bedroom doors • Door handle missing in lounge door • Architrave above lounge sliding door damaged (tenants attached a curtain) • Three holes in garage door • Holes in wall by garage entry, hall wall, main bedroom and stairway • Carpet damaged by stains which could not be removed by cleaning

The amounts claimed have been established by the production of invoices, receipts, and quotes and the evidence of Mr Williams (who also completed some of this work).

The amount ordered for replacement of the wardrobe doors is limited to the insurance excess payable for the broken mirrored glass ($650.00). I am satisfied that it was more likely than not caused carelessly rather than intentionally.

The amount ordered to compensate Mr Williams for the holes in the walls is considered reasonable in the circumstances. The walls were wallpapered and the pre tenancy inspection report records that the wallpaper “has seen better days” and is “peeling in some places”. Mr Williams said that he was having all of the walls in the house painted.

Similarly, the amount ordered for the stains to the carpets is considered reasonable in the circumstances after taking into account depreciation or betterment. Mr Williams provided a quote totalling $7,735.00 to have the carpets replaced. However, this includes replacing the underlay (there was no evidence to support the tenants damaged the underlay) and Mr Williams said that the carpets were approximately 15 years old. The pre tenancy inspection report also notes that there were some existing stains and “carpet is old”. It is therefore likely that it was near the end of its useful life.

Mr Williams’ remaining claims to replace a heat lamp bulb which was said to be not working, a broken fluorescent light fitting, and to replace the ranch slider lock are dismissed. Bulbs which have blown during ordinary use come within the ‘fair wear and tear’ category and are therefore not the tenants’ responsibility to replace. The broken light fitting and ranch slider lock claims are dismissed because I am not satisfied that Mr Williams has provided sufficient evidence to establish that the ‘damage’ was caused by the tenants. In particular, the invoice for the ranch slider repair records that the work done was to replace old rollers and upgrade to double roller carriage system and the invoice for the replacement of the light fitting records the finding of “faulty ballast and tombstone”.

Mr Williams has been mostly successful in his claims, and I consider this an appropriate case to award him payment of the Tribunal application fee.

Claims and awards in Tenancy Tribunal application 4866622 — net $6,895.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 April 2024	$2,700.00	Rent arrears to 3 April 2024
Cleaning	$640.00	Cleaning
Rubbish removal	$543.44	Rubbish removal
Lock/key replacement	$98.98	Lock/key replacement
Replace garage remotes	$290.00	Replace garage remotes
Replace heat pump remotes	$118.00	Replace heat pump remotes
Missing cupboard	$150.00	Missing cupboard
Window repairs	$515.19	Window repairs
Repair window latch	$78.35	Repair window latch
Replace fluorescent tubes	$17.15	Replace fluorescent tubes
Replace toilet roll holders	$41.80	Replace toilet roll holders
Repair switches	$49.54	Repair switches
Repair garden shed	$22.00	Repair garden shed
Repair cat door	$78.98	Repair cat door
Repair cupboard door hinges	$32.83	Repair cupboard door hinges
Replace shower roll fittings	$36.00	Replace shower roll fittings
Repair oven knob and thermostat	$230.00	Repair oven knob and thermostat
__________________________________________________________________________________ 48666222 Replace glass in lounge door	$674.23	__________________________________________________________________________________ 48666222 Replace glass in lounge door
Repair Kitchen roller door cupboard	$494.00	Repair Kitchen roller door cupboard
Repair walls	$400.00	Repair walls
Replace wardrobe door - insurance excess	$650.00	Replace wardrobe door - insurance excess
Repair doors, jambs and architraves	$1,514.24	Repair doors, jambs and architraves
Carpet replacement	$200.00	Carpet replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,895.17
Total payable by Tenant to Landlord	$6,895.17

Claims and awards in Tenancy Tribunal application 4866622 — net $6,895.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 3 April 2024

$2,700.00

Rent arrears to 3 April 2024

Cleaning

$640.00

Cleaning

Rubbish removal

$543.44

Rubbish removal

Lock/key replacement

$98.98

Lock/key replacement

Replace garage remotes

$290.00

Replace garage remotes

Replace heat pump remotes

$118.00

Replace heat pump remotes

Missing cupboard

$150.00

Missing cupboard

Window repairs

$515.19

Window repairs

Repair window latch

$78.35

Repair window latch

Replace fluorescent tubes

$17.15

Replace fluorescent tubes

Replace toilet roll holders

$41.80

Replace toilet roll holders

Repair switches

$49.54

Repair switches

Repair garden shed

$22.00

Repair garden shed

Repair cat door

$78.98

Repair cat door

Repair cupboard door hinges

$32.83

Repair cupboard door hinges

Replace shower roll fittings

$36.00

Replace shower roll fittings

Repair oven knob and thermostat

$230.00

Repair oven knob and thermostat

__________________________________________________________________________________ 48666222 Replace glass in lounge door

$674.23

__________________________________________________________________________________ 48666222 Replace glass in lounge door

Repair Kitchen roller door cupboard

$494.00

Repair Kitchen roller door cupboard

Repair walls

$400.00

Repair walls

Replace wardrobe door - insurance excess

$650.00

Replace wardrobe door - insurance excess

Repair doors, jambs and architraves

$1,514.24

Repair doors, jambs and architraves

Carpet replacement

$200.00

Carpet replacement

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$6,895.17

Total payable by Tenant to Landlord

$6,895.17

Order

Cecilia Maree Rushton and Rahiri tupe Jones Whiu-Bennett must pay Daniel Isaac Williams $6,895.17 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,700.00 (5230596-002) to Daniel Isaac Williams immediately.
The landlord’s other claims are dismissed.

Reasons

Mr Williams attended the hearing. The tenants did not 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 3 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenants comply with their obligations at the end of the tenancy?

The tenants did not leave the premises reasonably clean, did not remove all rubbish, did not return the keys, and did not leave all chattels provided for their benefit as required by section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The chattels missing at the end of the tenancy were: two garage door remotes, two heat pump remotes, three fluorescent light bulbs in the second lounge, and a cupboard in the second lounge.
The amounts ordered have been established by the production of invoices and by the evidence of Mr Williams who completed some of the work himself.
Mr Williams claims the sum of $3,195.85 for the missing cupboard based on a quote to have a cupboard of similar size made. However, the cupboard was approximately 12 to 15 years old and therefore probably near the end of its useful life. Moreover, it is not clear whether Mr Williams does intend to have the cupboard replaced. In the circumstances I consider $150.00 reasonable to compensate him for the missing cupboard.

Are the tenants responsible for the damage to the premises?

To be successful in a claim for damage to the premises, the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant, or others at the premises with their permission, must prove they did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Act.
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: section 49B(3)(a) of the Act.
The following damage occurred during the tenancy, is beyond fair wear and tear, and the tenants have not disproved liability for it: • Three broken windows (in the first bedroom on the right, the garage, and the lounge door) • Installation of clear glass in a lounge door instead of stippolyte • Broken bathroom window latch • Broken toilet roll holder and one missing • Broken electrical power switch and light switch in main bedroom • Damaged garden shed • Broken cat door • Broken hinges in pantry door and cupboard above fridge • Missing shower door roll fittings • Broken oven knob and thermostat • Broken roller door in kitchen • Broken mirrored glass in bedroom wardrobe door • Damaged bathroom door jamb and door • Damaged fittings in two upstairs bedroom doors • Door handle missing in lounge door • Architrave above lounge sliding door damaged (tenants attached a curtain) • Three holes in garage door • Holes in wall by garage entry, hall wall, main bedroom and stairway • Carpet damaged by stains which could not be removed by cleaning
The amounts claimed have been established by the production of invoices, receipts, and quotes and the evidence of Mr Williams (who also completed some of this work).
The amount ordered for replacement of the wardrobe doors is limited to the insurance excess payable for the broken mirrored glass ($650.00). I am satisfied that it was more likely than not caused carelessly rather than intentionally.
The amount ordered to compensate Mr Williams for the holes in the walls is considered reasonable in the circumstances. The walls were wallpapered and the pre tenancy inspection report records that the wallpaper “has seen better days” and is “peeling in some places”. Mr Williams said that he was having all of the walls in the house painted.
Similarly, the amount ordered for the stains to the carpets is considered reasonable in the circumstances after taking into account depreciation or betterment. Mr Williams provided a quote totalling $7,735.00 to have the carpets replaced. However, this includes replacing the underlay (there was no evidence to support the tenants damaged the underlay) and Mr Williams said that the carpets were approximately 15 years old. The pre tenancy inspection report also notes that there were some existing stains and “carpet is old”. It is therefore likely that it was near the end of its useful life.
Mr Williams’ remaining claims to replace a heat lamp bulb which was said to be not working, a broken fluorescent light fitting, and to replace the ranch slider lock are dismissed. Bulbs which have blown during ordinary use come within the ‘fair wear and tear’ category and are therefore not the tenants’ responsibility to replace. The broken light fitting and ranch slider lock claims are dismissed because I am not satisfied that Mr Williams has provided sufficient evidence to establish that the ‘damage’ was caused by the tenants. In particular, the invoice for the ranch slider repair records that the work done was to replace old rollers and upgrade to double roller carriage system and the invoice for the replacement of the light fitting records the finding of “faulty ballast and tombstone”.
Mr Williams has been mostly successful in his claims, and I consider this an appropriate case to award him payment of the Tribunal application fee.

Tenancy Tribunal case 4866622 — Property damage at 8 Everest Street, Burnside, Christchurch 8053

At a glance

Tenancy Tribunal case 4866622 — Property damage at 8 Everest Street, Burnside, Christchurch 8053

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions