What was the outcome of Tenancy Tribunal case 4899102?

The tribunal order states: Justine Dean Ngatai-Potae must pay Prestige Property Management Limited As

How much money was awarded in case 4899102?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $63.25 awarded to landlord; Rent Arrears: $1,248.57 awarded to landlord; Painting: $391.00 awarded to landlord; Rubbish Removal: $282.67 awarded to landlord

What type of tenancy dispute was case 4899102?

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

Where can I read the official tribunal order for case 4899102?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10722720-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4899102?

The tribunal order states: Justine Dean Ngatai-Potae must pay Prestige Property Management Limited As

How much money was awarded in case 4899102?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $63.25 awarded to landlord; Rent Arrears: $1,248.57 awarded to landlord; Painting: $391.00 awarded to landlord; Rubbish Removal: $282.67 awarded to landlord

What type of tenancy dispute was case 4899102?

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

Where can I read the official tribunal order for case 4899102?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10722720-Tenancy_Tribunal_Order.pdf.

Unit/Flat A, 7 Bampton Street, Dallington, Christchurch 8061 Tenancy Tribunal Case 4899102 — Rent arrears

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Unit/Flat A, 7 Bampton Street, Dallington, Christchurch 8061 Tenancy Tribunal Case 4899102 — 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 4899102 — net $2,005.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,248.57	Rent arrears
Lawns and Garden work	$63.25	Lawns and Garden work
Rubbish removal	$282.67	Rubbish removal
Repairs: Painting	$391.00	Repairs: Painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,005.93
Total payable by Tenant to Landlord	$2,005.93

Claims and awards for application 4899102 — net $2,005.93 NZD. Verify on MoJ.

Rent arrears

Amount: $1,248.57
Awarded to: Landlord
Reason: Rent arrears

Lawns and Garden work

Amount: $63.25
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $282.67
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Painting

Amount: $391.00
Awarded to: Landlord
Reason: Repairs: Painting

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Rent arrears Property damage Rubbish Removal

Order

Justine Dean Ngatai-Potae must pay Prestige Property Management Limited As Agent For Jme Properties Ltd $2,005.93 immediately, calculated as shown in table below.

Reasons

The landlord attended this video hearing.
The tenant did not attend by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent ?

The tenancy ended on 29 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,248.57.

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

At the end of the tenancy the tenant must remove all rubbish and leave gardens reasonably tidy. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not remove all rubbish. The landlord provided invoices for $282.67 for rubbish removal and tip fees.
Garden weeding was required at a cost of $63.25.
The amounts ordered are proven.

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 occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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). See section 49B(3)(a) 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. The landlord is insured for tenant damage. The excess on the policy is $500.00.
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.
A wall was damaged during the tenancy. The tenant told the landlord that she had fallen against a door which damaged the wall behind the door. Painting and repairs were caried out at a cost of $391.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.
As Prestige Property Management Limited As Agent For Jme Properties Ltd has wholly succeeded with the claim I must order the tenant to 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 4899102 — net $2,005.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,248.57	Rent arrears
Lawns and Garden work	$63.25	Lawns and Garden work
Rubbish removal	$282.67	Rubbish removal
Repairs: Painting	$391.00	Repairs: Painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,005.93
Total payable by Tenant to Landlord	$2,005.93

Claims and awards for application 4899102 — net $2,005.93 NZD. Verify on MoJ.

Rent arrears

Amount: $1,248.57
Awarded to: Landlord
Reason: Rent arrears

Lawns and Garden work

Amount: $63.25
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $282.67
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Painting

Amount: $391.00
Awarded to: Landlord
Reason: Repairs: Painting

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Rent arrears Property damage Rubbish Removal

Order

Justine Dean Ngatai-Potae must pay Prestige Property Management Limited As Agent For Jme Properties Ltd $2,005.93 immediately, calculated as shown in table below.

Reasons

The landlord attended this video hearing.
The tenant did not attend by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent ?

The tenancy ended on 29 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,248.57.

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

At the end of the tenancy the tenant must remove all rubbish and leave gardens reasonably tidy. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not remove all rubbish. The landlord provided invoices for $282.67 for rubbish removal and tip fees.
Garden weeding was required at a cost of $63.25.
The amounts ordered are proven.

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 occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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). See section 49B(3)(a) 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. The landlord is insured for tenant damage. The excess on the policy is $500.00.
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.
A wall was damaged during the tenancy. The tenant told the landlord that she had fallen against a door which damaged the wall behind the door. Painting and repairs were caried out at a cost of $391.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.
As Prestige Property Management Limited As Agent For Jme Properties Ltd has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 4899102 — Rent arrears at Unit/Flat A, 7 Bampton Street, Dallington, Christchurch 8061

At a glance

Tenancy Tribunal case 4899102 — Rent arrears at Unit/Flat A, 7 Bampton Street, Dallington, Christchurch 8061

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