What was the outcome of Tenancy Tribunal case 4893641?

The tribunal order states: Hayden Stewart and Louise Simpson must pay Rent Right Property

How much money was awarded in case 4893641?

Cleaning: $140.00 awarded to landlord; Cleaning: $1,022.06 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Gardening And Green Waste Removal: $260.00 awarded to landlord; Property Damage: $4,177.97 awarded to landlord; Property Damage: $277.15 awarded to landlord; Property Damage: $126.50 awarded to landlord; Replace Curtains (Depreciated 30: $385.00 awarded to landlord; Replace Garage Door Remote Control: $80.00 awarded to landlord; Rubbish Removal: $1,043.88 awarded to landlord

What type of tenancy dispute was case 4893641?

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

Where can I read the official tribunal order for case 4893641?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10618666-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4893641?

The tribunal order states: Hayden Stewart and Louise Simpson must pay Rent Right Property

How much money was awarded in case 4893641?

Cleaning: $140.00 awarded to landlord; Cleaning: $1,022.06 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Gardening And Green Waste Removal: $260.00 awarded to landlord; Property Damage: $4,177.97 awarded to landlord; Property Damage: $277.15 awarded to landlord; Property Damage: $126.50 awarded to landlord; Replace Curtains (Depreciated 30: $385.00 awarded to landlord; Replace Garage Door Remote Control: $80.00 awarded to landlord; Rubbish Removal: $1,043.88 awarded to landlord

What type of tenancy dispute was case 4893641?

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

Where can I read the official tribunal order for case 4893641?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10618666-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 45 Reginald Street, Burwood, Christchurch 8083 Tenancy Tribunal Case 4893641 — Property damage

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Unit/Flat 1, 45 Reginald Street, Burwood, Christchurch 8083 Tenancy Tribunal Case 4893641 — 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 4893641 — net $7,533.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace curtains (depreciated 30	$385.00	Replace curtains (depreciated 30
Repairs to walls, doors; painting; and remediation of garage after removal of sign (depreciated 10	$4,177.97	Repairs to walls, doors; painting; and remediation of garage after removal of sign (depreciated 10
Cleaning	$1,022.06	Cleaning
Gardening and green waste removal	$260.00	Gardening and green waste removal
Lock/key replacement	$277.15	Lock/key replacement
Repair garage door	$126.50	Repair garage door
Replace garage door remote control	$80.00	Replace garage door remote control
Rubbish removal and dump fees	$1,043.88	Rubbish removal and dump fees
Carpet cleaning	$140.00	Carpet cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,533.00
Total payable by Tenant to Landlord	$7,533.00

Claims and awards for application 4893641 — net $7,533.00 NZD. Verify on MoJ.

Replace curtains (depreciated 30

Amount: $385.00
Awarded to: Landlord
Reason: Replace curtains (depreciated 30

Repairs to walls, doors; painting; and remediation of garage after removal of sign (depreciated 10

Amount: $4,177.97
Awarded to: Landlord
Reason: Repairs to walls, doors; painting; and remediation of garage after removal of sign (depreciated 10

Cleaning

Amount: $1,022.06
Awarded to: Landlord
Reason: Cleaning

Gardening and green waste removal

Amount: $260.00
Awarded to: Landlord
Reason: Gardening and green waste removal

Lock/key replacement

Amount: $277.15
Awarded to: Landlord

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

Hayden Stewart and Louise Simpson must pay Rent Right Property Management Limited as agent for Tack Family Holdings $7,533.00 immediately, calculated as shown in table below:

Reasons

Mr King and Mr Hopkins represented the landlord. The tenants did not attend the hearing.
The Tribunal terminated the tenancy by order dated 5 March 2024. The bond has been paid to the landlord.
The landlord has enforced the money order for the balance of rent arrears ordered.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
Though filed more than 2 months after the end of the tenancy, I am satisfied that the tenants had notice of the hearing sent to their email address. Mr Hopkins confirmed that the landlord received emails from the tenants after the tenancy ended from that email address.

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 leave the premises, including the exterior, reasonably clean and tidy and did not remove all rubbish. The carpets were stained and required cleaning.
The tenants did not return the keys and security devices. The garage door remote control was missing.

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.
The landlord (the owner) is not insured for tenant damage.
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. There were many holes in the walls, some doors were damaged, the garage door was damaged, and a sign erected by the tenants caused damage to the garage wall when it was removed.
The curtains throughout the premises had to be replaced because they were soiled and could not be washed.
The repairs attempted by the tenants were not adequate. Professional repairs were needed.
The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered are proved by invoices and photos and by the evidence the landlord’s representatives gave at the hearing.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. I have depreciated the claim for curtain replacement by 30% and the claim for repairs/painting by 10%:
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 4893641 — net $7,533.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace curtains (depreciated 30	$385.00	Replace curtains (depreciated 30
Repairs to walls, doors; painting; and remediation of garage after removal of sign (depreciated 10	$4,177.97	Repairs to walls, doors; painting; and remediation of garage after removal of sign (depreciated 10
Cleaning	$1,022.06	Cleaning
Gardening and green waste removal	$260.00	Gardening and green waste removal
Lock/key replacement	$277.15	Lock/key replacement
Repair garage door	$126.50	Repair garage door
Replace garage door remote control	$80.00	Replace garage door remote control
Rubbish removal and dump fees	$1,043.88	Rubbish removal and dump fees
Carpet cleaning	$140.00	Carpet cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,533.00
Total payable by Tenant to Landlord	$7,533.00

Claims and awards for application 4893641 — net $7,533.00 NZD. Verify on MoJ.

Replace curtains (depreciated 30

Amount: $385.00
Awarded to: Landlord
Reason: Replace curtains (depreciated 30

Repairs to walls, doors; painting; and remediation of garage after removal of sign (depreciated 10

Amount: $4,177.97
Awarded to: Landlord
Reason: Repairs to walls, doors; painting; and remediation of garage after removal of sign (depreciated 10

Cleaning

Amount: $1,022.06
Awarded to: Landlord
Reason: Cleaning

Gardening and green waste removal

Amount: $260.00
Awarded to: Landlord
Reason: Gardening and green waste removal

Lock/key replacement

Amount: $277.15
Awarded to: Landlord

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

Hayden Stewart and Louise Simpson must pay Rent Right Property Management Limited as agent for Tack Family Holdings $7,533.00 immediately, calculated as shown in table below:

Reasons

Mr King and Mr Hopkins represented the landlord. The tenants did not attend the hearing.
The Tribunal terminated the tenancy by order dated 5 March 2024. The bond has been paid to the landlord.
The landlord has enforced the money order for the balance of rent arrears ordered.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
Though filed more than 2 months after the end of the tenancy, I am satisfied that the tenants had notice of the hearing sent to their email address. Mr Hopkins confirmed that the landlord received emails from the tenants after the tenancy ended from that email address.

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 leave the premises, including the exterior, reasonably clean and tidy and did not remove all rubbish. The carpets were stained and required cleaning.
The tenants did not return the keys and security devices. The garage door remote control was missing.

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.
The landlord (the owner) is not insured for tenant damage.
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. There were many holes in the walls, some doors were damaged, the garage door was damaged, and a sign erected by the tenants caused damage to the garage wall when it was removed.
The curtains throughout the premises had to be replaced because they were soiled and could not be washed.
The repairs attempted by the tenants were not adequate. Professional repairs were needed.
The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered are proved by invoices and photos and by the evidence the landlord’s representatives gave at the hearing.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. I have depreciated the claim for curtain replacement by 30% and the claim for repairs/painting by 10%:
As the application is successful, the tenants must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 4893641 — Property damage at Unit/Flat 1, 45 Reginald Street, Burwood, Christchurch 8083

At a glance

Tenancy Tribunal case 4893641 — Property damage at Unit/Flat 1, 45 Reginald Street, Burwood, Christchurch 8083

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