What was the outcome of Tenancy Tribunal case 4878584?

The tribunal order states: Wi Jack King must pay Otautahi Community Housing Trust $2,354.94

How much money was awarded in case 4878584?

Cleaning: $57.50 awarded to landlord; Cleaning: $402.50 awarded to landlord; Cleaning: $57.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $172.50 awarded to landlord; Property Damage: $92.00 awarded to landlord; Property Damage: $287.50 awarded to landlord; Rubbish Removal: $115.00 awarded to landlord; Rubbish Removal: $1,150.00 awarded to landlord

What type of tenancy dispute was case 4878584?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4878584?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10471432-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4878584?

The tribunal order states: Wi Jack King must pay Otautahi Community Housing Trust $2,354.94

How much money was awarded in case 4878584?

Cleaning: $57.50 awarded to landlord; Cleaning: $402.50 awarded to landlord; Cleaning: $57.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $172.50 awarded to landlord; Property Damage: $92.00 awarded to landlord; Property Damage: $287.50 awarded to landlord; Rubbish Removal: $115.00 awarded to landlord; Rubbish Removal: $1,150.00 awarded to landlord

What type of tenancy dispute was case 4878584?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4878584?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10471432-Tenancy_Tribunal_Order.pdf.

3 Manse Place, Redwood, Christchurch 8051 Tenancy Tribunal Case 4878584 — Property damage

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3 Manse Place, Redwood, Christchurch 8051 Tenancy Tribunal Case 4878584 — Property damage | 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 4878584 — net $2,354.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: interior	$1,150.00	Rubbish removal: interior
Rubbish removal: exterior	$115.00	Rubbish removal: exterior
Cleaning: kitchen	$57.50	Cleaning: kitchen
Oven/stove cleaning	$57.50	Oven/stove cleaning
Cleaning: general	$402.50	Cleaning: general
Lock/key replacement	$172.50	Lock/key replacement
Repairs: wall and door damage	$287.50	Repairs: wall and door damage
Repairs: painting damaged areas	$92.00	Repairs: painting damaged areas
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,354.94
Total payable by Tenant to Landlord	$2,354.94

Claims and awards for application 4878584 — net $2,354.94 NZD. Verify on MoJ.

Rubbish removal: interior

Amount: $1,150.00
Awarded to: Landlord
Reason: Rubbish removal: interior

Rubbish removal: exterior

Amount: $115.00
Awarded to: Landlord
Reason: Rubbish removal: exterior

Cleaning: kitchen

Amount: $57.50
Awarded to: Landlord
Reason: Cleaning: kitchen

Oven/stove cleaning

Amount: $57.50
Awarded to: Landlord
Reason: Oven/stove cleaning

Cleaning: general

Amount: $402.50
Awarded to: Landlord
Reason: Cleaning: general

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Wi Jack King must pay Otautahi Community Housing Trust $2,354.94 immediately, calculated as shown in table below.

Reasons

Mr Waters, Mr Uden and Ms Newton attended the hearing on behalf of the landlord. The tenant did not attend.
The landlord has applied for compensation and reimbursement of the filing fee following 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 under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided invoices and photographs to support its claims for cleaning and rubbish removal.
The tenant did not return the keys.
The landlord provided an invoice to confirm that locks and keys were replaced.
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 under 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 (or four weeks' market rent in the case of a tenant paying income-related rent) under section 49B(3)(a) of the Act.
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) under section 49B(3)(b) of the Act. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage under section 49B(3A)(a) of the Act.
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 under section 49B(1) of the Act.
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 (Guo v Korck [2019] NZHC 1541).
During the tenancy the bathroom and hallway doors and bedroom wall were damaged.
The landlord provided invoices and photographs to support its claim.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As Otautahi Community Housing Trust has wholly succeeded with the claim I must reimburse 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 4878584 — net $2,354.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: interior	$1,150.00	Rubbish removal: interior
Rubbish removal: exterior	$115.00	Rubbish removal: exterior
Cleaning: kitchen	$57.50	Cleaning: kitchen
Oven/stove cleaning	$57.50	Oven/stove cleaning
Cleaning: general	$402.50	Cleaning: general
Lock/key replacement	$172.50	Lock/key replacement
Repairs: wall and door damage	$287.50	Repairs: wall and door damage
Repairs: painting damaged areas	$92.00	Repairs: painting damaged areas
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,354.94
Total payable by Tenant to Landlord	$2,354.94

Claims and awards for application 4878584 — net $2,354.94 NZD. Verify on MoJ.

Rubbish removal: interior

Amount: $1,150.00
Awarded to: Landlord
Reason: Rubbish removal: interior

Rubbish removal: exterior

Amount: $115.00
Awarded to: Landlord
Reason: Rubbish removal: exterior

Cleaning: kitchen

Amount: $57.50
Awarded to: Landlord
Reason: Cleaning: kitchen

Oven/stove cleaning

Amount: $57.50
Awarded to: Landlord
Reason: Oven/stove cleaning

Cleaning: general

Amount: $402.50
Awarded to: Landlord
Reason: Cleaning: general

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Wi Jack King must pay Otautahi Community Housing Trust $2,354.94 immediately, calculated as shown in table below.

Reasons

Mr Waters, Mr Uden and Ms Newton attended the hearing on behalf of the landlord. The tenant did not attend.
The landlord has applied for compensation and reimbursement of the filing fee following 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 under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided invoices and photographs to support its claims for cleaning and rubbish removal.
The tenant did not return the keys.
The landlord provided an invoice to confirm that locks and keys were replaced.
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 under 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 (or four weeks' market rent in the case of a tenant paying income-related rent) under section 49B(3)(a) of the Act.
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) under section 49B(3)(b) of the Act. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage under section 49B(3A)(a) of the Act.
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 under section 49B(1) of the Act.
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 (Guo v Korck [2019] NZHC 1541).
During the tenancy the bathroom and hallway doors and bedroom wall were damaged.
The landlord provided invoices and photographs to support its claim.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As Otautahi Community Housing Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4878584 — Property damage at 3 Manse Place, Redwood, Christchurch 8051

At a glance

Tenancy Tribunal case 4878584 — Property damage at 3 Manse Place, Redwood, Christchurch 8051

At a glance

Award balance

Claims & awards

Order

Reasons

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

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