What was the outcome of Tenancy Tribunal case 4879843?

The tribunal order states: Karyn Maree Holland must pay A1 Property Managers Limited and Quail Ridge

How much money was awarded in case 4879843?

Cleaning: $655.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $913.72 awarded to landlord; Previous Order Application 4779923 D…: $2,411.87 awarded to landlord; Property Damage: $150.00 awarded to landlord; Property Damage: $92.00 awarded to landlord; Property Damage: $117.30 awarded to landlord; Property Damage: $400.00 awarded to landlord; Replace Curtains: $100.00 awarded to landlord; Replace Doors: $1,652.55 awarded to landlord

What type of tenancy dispute was case 4879843?

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

Where can I read the official tribunal order for case 4879843?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10505854-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4879843?

The tribunal order states: Karyn Maree Holland must pay A1 Property Managers Limited and Quail Ridge

How much money was awarded in case 4879843?

Cleaning: $655.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $913.72 awarded to landlord; Previous Order Application 4779923 D…: $2,411.87 awarded to landlord; Property Damage: $150.00 awarded to landlord; Property Damage: $92.00 awarded to landlord; Property Damage: $117.30 awarded to landlord; Property Damage: $400.00 awarded to landlord; Replace Curtains: $100.00 awarded to landlord; Replace Doors: $1,652.55 awarded to landlord

What type of tenancy dispute was case 4879843?

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

Where can I read the official tribunal order for case 4879843?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10505854-Tenancy_Tribunal_Order.pdf.

32 Lenton Street, Aranui, Christchurch 8061 Tenancy Tribunal Case 4879843 — Property damage

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32 Lenton Street, Aranui, Christchurch 8061 Tenancy Tribunal Case 4879843 — 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 4879843 — net $6,513.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4779923 dated 20/03/2024	$2,411.87	Previous order application 4779923 dated 20/03/2024
Cleaning	$655.50	Cleaning
Rubbish removal and garden work	$913.72	Rubbish removal and garden work
Lock/key replacement	$150.00	Lock/key replacement
Replace curtains	$100.00	Replace curtains
Repair garage door	$92.00	Repair garage door
Repair stove	$117.30	Repair stove
Repair walls & ceiling	$400.00	Repair walls & ceiling
Replace doors	$1,652.55	Replace doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,513.38
Total payable by Tenant to Landlord	$6,513.38

Claims and awards for application 4879843 — net $6,513.38 NZD. Verify on MoJ.

Previous order application 4779923 dated 20/03/2024

Amount: $2,411.87
Awarded to: Landlord
Reason: Previous order application 4779923 dated 20/03/2024

Cleaning

Amount: $655.50
Awarded to: Landlord
Reason: Cleaning

Rubbish removal and garden work

Amount: $913.72
Awarded to: Landlord
Reason: Rubbish removal and garden work

Lock/key replacement

Amount: $150.00
Awarded to: Landlord
Reason: Lock/key replacement

Replace curtains

Amount: $100.00
Awarded to: Landlord
Reason: Replace curtains

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage

Order

Karyn Maree Holland must pay A1 Property Managers Limited and Quail Ridge Investments Ltd $6,513.38 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 20 March 2024 under application 4779923.

Reasons

Ms Edwards and Ms Price attended the hearing for 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 her obligations at the end of the tenancy?

The tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, did not return all keys, and did not leave all chattels provided for her benefit (curtains in the three bedrooms were missing) as required by section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The amounts ordered have been established by the production of invoices. The amount claimed to replace the bedroom curtains has been reduced to account for betterment/depreciation. Ms Edwards was unable to say what age the curtains were or whether they had been replaced by the landlord during the 15- year tenancy. In addition, the missing curtains from the small windows in two of the bedrooms were replaced by blinds which Ms Edwards accepts were probably more expensive than replacing them with curtains. In the circumstances I consider the sum of $100.00 reasonable to compensate the landlord for the missing curtains. The amount claimed to replace locks and keys has been reduced because the invoice for the work includes replacing the ranch slider latch/lock and laundry door handle and mechanism. Both were damaged but there is insufficient evidence to establish that they were damaged by the tenant or whether the damage was simply due to fair wear ad tear.

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, or others at the premises with her permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Act.
The landlord claims the following damage occurred during the tenancy: • The garage door handle was broken; • The oven elements were removed and damaged; • Three bedroom doors had holes/damage; • Walls in two bedrooms and the ceiling in one bedroom were damaged by nails, holes, and areas where the tenant had attempted repairs.
I am satisfied that the landlord has established that the damage to the garage door handle, the oven elements, the doors, and the bedroom walls occurred during the tenancy and that most of the damage is beyond fair wear and tear. The tenant has not disproved liability for it.
However, I am not satisfied that the landlord has established that all of the damage to the bedroom ceiling occurred during the tenancy. In particular, the pre tenancy inspection report completed in 2009 records that that there was “pencil” and “patches” on the ceiling in bedroom 1.
I also find that some wall damage, in particular, scrapes and the like could be expected due to ordinary use of premises over a 15 year tenancy, and is therefore damage that falls within the fair wear and tear category.
I have therefore reduced the amount claimed to repair and paint the effected walls and ceiling ($603.75). In the circumstances I consider the sum of $400.00 reasonable compensation.
The landlord has been mostly successful in its claims, and I consider this an appropriate case to award payment of the Tribunal application fee.
On 20 March 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 20 March 2024 plus the Tribunal fee less the bond. The previous order is incorporated into this order for enforcement purposes.

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 4879843 — net $6,513.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4779923 dated 20/03/2024	$2,411.87	Previous order application 4779923 dated 20/03/2024
Cleaning	$655.50	Cleaning
Rubbish removal and garden work	$913.72	Rubbish removal and garden work
Lock/key replacement	$150.00	Lock/key replacement
Replace curtains	$100.00	Replace curtains
Repair garage door	$92.00	Repair garage door
Repair stove	$117.30	Repair stove
Repair walls & ceiling	$400.00	Repair walls & ceiling
Replace doors	$1,652.55	Replace doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,513.38
Total payable by Tenant to Landlord	$6,513.38

Claims and awards for application 4879843 — net $6,513.38 NZD. Verify on MoJ.

Previous order application 4779923 dated 20/03/2024

Amount: $2,411.87
Awarded to: Landlord
Reason: Previous order application 4779923 dated 20/03/2024

Cleaning

Amount: $655.50
Awarded to: Landlord
Reason: Cleaning

Rubbish removal and garden work

Amount: $913.72
Awarded to: Landlord
Reason: Rubbish removal and garden work

Lock/key replacement

Amount: $150.00
Awarded to: Landlord
Reason: Lock/key replacement

Replace curtains

Amount: $100.00
Awarded to: Landlord
Reason: Replace curtains

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage

Order

Karyn Maree Holland must pay A1 Property Managers Limited and Quail Ridge Investments Ltd $6,513.38 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 20 March 2024 under application 4779923.

Reasons

Ms Edwards and Ms Price attended the hearing for 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 her obligations at the end of the tenancy?

The tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, did not return all keys, and did not leave all chattels provided for her benefit (curtains in the three bedrooms were missing) as required by section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The amounts ordered have been established by the production of invoices. The amount claimed to replace the bedroom curtains has been reduced to account for betterment/depreciation. Ms Edwards was unable to say what age the curtains were or whether they had been replaced by the landlord during the 15- year tenancy. In addition, the missing curtains from the small windows in two of the bedrooms were replaced by blinds which Ms Edwards accepts were probably more expensive than replacing them with curtains. In the circumstances I consider the sum of $100.00 reasonable to compensate the landlord for the missing curtains. The amount claimed to replace locks and keys has been reduced because the invoice for the work includes replacing the ranch slider latch/lock and laundry door handle and mechanism. Both were damaged but there is insufficient evidence to establish that they were damaged by the tenant or whether the damage was simply due to fair wear ad tear.

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, or others at the premises with her permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Act.
The landlord claims the following damage occurred during the tenancy: • The garage door handle was broken; • The oven elements were removed and damaged; • Three bedroom doors had holes/damage; • Walls in two bedrooms and the ceiling in one bedroom were damaged by nails, holes, and areas where the tenant had attempted repairs.
I am satisfied that the landlord has established that the damage to the garage door handle, the oven elements, the doors, and the bedroom walls occurred during the tenancy and that most of the damage is beyond fair wear and tear. The tenant has not disproved liability for it.
However, I am not satisfied that the landlord has established that all of the damage to the bedroom ceiling occurred during the tenancy. In particular, the pre tenancy inspection report completed in 2009 records that that there was “pencil” and “patches” on the ceiling in bedroom 1.
I also find that some wall damage, in particular, scrapes and the like could be expected due to ordinary use of premises over a 15 year tenancy, and is therefore damage that falls within the fair wear and tear category.
I have therefore reduced the amount claimed to repair and paint the effected walls and ceiling ($603.75). In the circumstances I consider the sum of $400.00 reasonable compensation.
The landlord has been mostly successful in its claims, and I consider this an appropriate case to award payment of the Tribunal application fee.
On 20 March 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 20 March 2024 plus the Tribunal fee less the bond. The previous order is incorporated into this order for enforcement purposes.

Tenancy Tribunal case 4879843 — Property damage at 32 Lenton Street, Aranui, Christchurch 8061

At a glance

Tenancy Tribunal case 4879843 — Property damage at 32 Lenton Street, Aranui, Christchurch 8061

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with her 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 her 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