What was the outcome of Tenancy Tribunal case 4945554?

The tribunal order states: Shania Audrey-Rose Smith and An Mol Chhabra must pay A1 Property

How much money was awarded in case 4945554?

Cleaning: $190.00 awarded to landlord; Cleaning: $989.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,670.00 awarded to landlord; Replace Carpets: $1,410.00 awarded to landlord; Rubbish Removal: $706.74 awarded to landlord; Walls and Doors: $856.75 awarded to landlord

What type of tenancy dispute was case 4945554?

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

Where can I read the official tribunal order for case 4945554?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10894983-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4945554?

The tribunal order states: Shania Audrey-Rose Smith and An Mol Chhabra must pay A1 Property

How much money was awarded in case 4945554?

Cleaning: $190.00 awarded to landlord; Cleaning: $989.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,670.00 awarded to landlord; Replace Carpets: $1,410.00 awarded to landlord; Rubbish Removal: $706.74 awarded to landlord; Walls and Doors: $856.75 awarded to landlord

What type of tenancy dispute was case 4945554?

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

Where can I read the official tribunal order for case 4945554?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10894983-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5, 287 Selwyn Street, Spreydon, Christchurch Tenancy Tribunal Case 4945554 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4945554 — net $3,789.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12/7/2024	$1,670.00	Rent arrears to 12/7/2024
Rubbish removal: disposal of goods	$706.74	Rubbish removal: disposal of goods
Cleaning	$989.00	Cleaning
Carpet Cleaning	$190.00	Carpet Cleaning
Replace carpets	$1,410.00	Replace carpets
Repairs to walls and doors	$856.75	Repairs to walls and doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,789.49
Total payable by Tenant to Landlord	$3,789.49

Shania Audrey-Rose Smith and An Mol Chhabra must pay A1 Property Managers Limited As Agent For Terry & Emma Cox $3,789.49 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,060.00 (6482841-003) to A1 Property Managers Limited As Agent For Terry & Emma Cox immediately.

Reasons

Mr Chaabra attended the hearing. Ms Smith did not join the video link and could not be contacted by phone. The property manager attended for the landlord.

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 12 July 2024, which is 28 days after the landlord received notice from Mr Chaabra, that he wanted to be removed as a tenant and the tenancy was to end.

The landlord provided rent records which prove the amount owing at the end of the tenancy.

Mr Chaabra said that the rent arrears and most of the damage occurred after he left the property on 14 June 2024 and gave the landlord notice.

This is not disputed by the landlord, however his liability as a joint tenant did not end until 12 July 2024 with the expiry of his 28-day notice.

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

At the end of the tenancy tenants 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.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpets were extensively stained and required cleaning and ultimately replacing.

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. See sections 40(2)(a), 41 and 49B RTA.

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.

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: the carpets were extensively stained with dog urine and spilled drinks. The stains could not be removed, and the carpets needed to be replaced in several rooms to remove the stains and odour/damage caused by the animal urine. Several walls and doors were damaged and required repair.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have taken into account betterment and depreciation. The carpets were less than three years old and had no stains at the beginning of the tenancy. The walls had no holes and were undamaged.

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.

The landlord has claimed insurance excess and said the actual replacement cost of the carpets was more than $3,000. The excess is less than the depreciated value of the carpets, so it is awarded in full.

The cost for repairs to the walls and doors is for actual repairs to damaged surfaces only, so I have not considered betterment/depreciation in making that award.

Because A1 Property Managers Limited As Agent For Terry & Emma Cox has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4945554 — net $3,789.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12/7/2024	$1,670.00	Rent arrears to 12/7/2024
Rubbish removal: disposal of goods	$706.74	Rubbish removal: disposal of goods
Cleaning	$989.00	Cleaning
Carpet Cleaning	$190.00	Carpet Cleaning
Replace carpets	$1,410.00	Replace carpets
Repairs to walls and doors	$856.75	Repairs to walls and doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,789.49
Total payable by Tenant to Landlord	$3,789.49

Order

Shania Audrey-Rose Smith and An Mol Chhabra must pay A1 Property Managers Limited As Agent For Terry & Emma Cox $3,789.49 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,060.00 (6482841-003) to A1 Property Managers Limited As Agent For Terry & Emma Cox immediately.

Reasons

Mr Chaabra attended the hearing. Ms Smith did not join the video link and could not be contacted by phone. The property manager attended for the landlord.
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 12 July 2024, which is 28 days after the landlord received notice from Mr Chaabra, that he wanted to be removed as a tenant and the tenancy was to end.
The landlord provided rent records which prove the amount owing at the end of the tenancy.
Mr Chaabra said that the rent arrears and most of the damage occurred after he left the property on 14 June 2024 and gave the landlord notice.
This is not disputed by the landlord, however his liability as a joint tenant did not end until 12 July 2024 with the expiry of his 28-day notice.

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

At the end of the tenancy tenants 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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpets were extensively stained and required cleaning and ultimately replacing.
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. See sections 40(2)(a), 41 and 49B RTA.
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.
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: the carpets were extensively stained with dog urine and spilled drinks. The stains could not be removed, and the carpets needed to be replaced in several rooms to remove the stains and odour/damage caused by the animal urine. Several walls and doors were damaged and required repair.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The carpets were less than three years old and had no stains at the beginning of the tenancy. The walls had no holes and were undamaged.
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.
The landlord has claimed insurance excess and said the actual replacement cost of the carpets was more than $3,000. The excess is less than the depreciated value of the carpets, so it is awarded in full.
The cost for repairs to the walls and doors is for actual repairs to damaged surfaces only, so I have not considered betterment/depreciation in making that award.
Because A1 Property Managers Limited As Agent For Terry & Emma Cox has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4945554 — Rent arrears at Unit/Flat 5, 287 Selwyn Street, Spreydon, Christchurch

At a glance

Tenancy Tribunal case 4945554 — Rent arrears at Unit/Flat 5, 287 Selwyn Street, Spreydon, Christchurch

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?

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 tenants 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