What was the outcome of Tenancy Tribunal case 4954633?

The tribunal order states: Jose Antonio Chouza must pay Gold Real Estate Group Limited T/A Harcourts

How much money was awarded in case 4954633?

Cleaning: $230.00 awarded to landlord; Cleaning: $536.65 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Reletting Fees: $621.00 awarded to landlord; Rent Arrears: $8,800.00 awarded to landlord; Rubbish Removal: $287.50 awarded to landlord

What type of tenancy dispute was case 4954633?

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

Where can I read the official tribunal order for case 4954633?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10827958-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4954633?

The tribunal order states: Jose Antonio Chouza must pay Gold Real Estate Group Limited T/A Harcourts

How much money was awarded in case 4954633?

Cleaning: $230.00 awarded to landlord; Cleaning: $536.65 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Reletting Fees: $621.00 awarded to landlord; Rent Arrears: $8,800.00 awarded to landlord; Rubbish Removal: $287.50 awarded to landlord

What type of tenancy dispute was case 4954633?

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

Where can I read the official tribunal order for case 4954633?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10827958-Tenancy_Tribunal_Order.pdf.

31 Oxley Avenue, St Albans, Christchurch 8014 Tenancy Tribunal Case 4954633 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4954633 — net $8,702.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 July 2024	$8,800.00	Rent arrears to 18 July 2024
Carpet damage (four insurance excesses	$1,000.00	Carpet damage (four insurance excesses
Carpet Cleaning	$230.00	Carpet Cleaning
Rubbish removal	$287.50	Rubbish removal
Cleaning	$536.65	Cleaning
Reletting fees	$621.00	Reletting fees
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,702.15
Total payable by Tenant to Landlord	$8,702.15

Jose Antonio Chouza must pay Gold Real Estate Group Limited T/A Harcourts Gold as Agent for M & C Ltd $8,702.15 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $2,800.00 (3507977-016) to Gold Real Estate Group Limited T/As Harcourts Gold as Agent for M & C Ltd immediately.

The landlord’s claim for exemplary damages is dismissed.

Reasons

The landlord’s representatives attended the hearing. The tenant did not attend.

The landlord has applied for rent arrears, compensation, exemplary damages, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent

The tenancy was for a fixed term ending on 22 September 2024. The tenant wished to end the tenancy early and he signed a break lease agreement with the landlord accepting liability for rent until the premises were relet and for the costs of reletting the premises.

The premises were relet on 19 July by which time the tenant had vacated them. The landlord provided rent records to prove the amount owing on 18 July. The tenant was liable for rent until the earlier of the end of the fixed term and the date the premises were relet. I have therefore awarded the rent arrears to 18 July. Other Claims

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.

The tenant must not carelessly or intentionally damage 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.

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). Cleaning and Rubbish Removal

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The amounts ordered were proved by the production of photographs and invoices. Damage

Even after cleaning stains remained on the carpet in three bedrooms and the lounge. I accept that it is reasonable to replace the carpet in those rooms due to the staining.

The carpet damage occurred during the tenancy and the tenant has not disproved liability for the damage.

The landlord was insured for the damage and claims four excesses of $250 for each of the rooms affected. I have therefore awarded $1,000 as compensation for the damage. Reletting Fees

The tenant surrendered the tenancy before the end of the fixed term and the landlord is therefore entitled to recover the reasonable expense incurred in reletting the premises. I find that the expenses claimed by the landlord were incurred and are reasonable and I have therefore awarded them. Exemplary Damages

The landlord claims that the tenant abandoned the premises and claims exemplary damages for abandonment. Abandoning the premises when rent is in arrears is an unlawful act for which exemplary damages of up to $1,500 can be awarded.

Technically, this was an abandonment because the tenant vacated the premises permanently before the end of the tenancy and rent was in arrears. But I do not regard this as a situation that warrants an award of exemplary damages. It appears that the tenant had to move away from Christchurch for work. He informed the landlord and signed an agreement that allowed the landlord to enter the premises to show prospective tenants. He did not, as he could have, apply to the Tribunal to end the tenancy early, perhaps believing that the premises could be relet reasonably quickly. But he did not, as some tenants do, vacate without saying anything to the landlord.

The tenant did not, as he should have done, tell the landlord when he was leaving or that he had left. But that did not affect the landlord’s ability to relet the premises. What did affect that, was the tenant’s failure to comply with his obligations relating to the condition of the premises. But the tenant must pay the landlord the rent that accrued until the premises were relet and compensate the landlord for remediating the premises. I do not see any need to impose exemplary damages on the tenant on top of that liability.

The claim for exemplary damages is therefore dismissed. Filing Fee

The landlord has succeeded and so the tenant must pay the filing fee. Result

The bond will be paid to the landlord and the tenant must pay the landlord the remaining liability.

Claims and awards in Tenancy Tribunal application 4954633 — net $8,702.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 July 2024	$8,800.00	Rent arrears to 18 July 2024
Carpet damage (four insurance excesses	$1,000.00	Carpet damage (four insurance excesses
Carpet Cleaning	$230.00	Carpet Cleaning
Rubbish removal	$287.50	Rubbish removal
Cleaning	$536.65	Cleaning
Reletting fees	$621.00	Reletting fees
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,702.15
Total payable by Tenant to Landlord	$8,702.15

Order

Jose Antonio Chouza must pay Gold Real Estate Group Limited T/A Harcourts Gold as Agent for M & C Ltd $8,702.15 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,800.00 (3507977-016) to Gold Real Estate Group Limited T/As Harcourts Gold as Agent for M & C Ltd immediately.
The landlord’s claim for exemplary damages is dismissed.

Reasons

The landlord’s representatives attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation, exemplary damages, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy was for a fixed term ending on 22 September 2024. The tenant wished to end the tenancy early and he signed a break lease agreement with the landlord accepting liability for rent until the premises were relet and for the costs of reletting the premises.
The premises were relet on 19 July by which time the tenant had vacated them. The landlord provided rent records to prove the amount owing on 18 July. The tenant was liable for rent until the earlier of the end of the fixed term and the date the premises were relet. I have therefore awarded the rent arrears to 18 July. Other Claims
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.
The tenant must not carelessly or intentionally damage 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.
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). Cleaning and Rubbish Removal
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amounts ordered were proved by the production of photographs and invoices. Damage
Even after cleaning stains remained on the carpet in three bedrooms and the lounge. I accept that it is reasonable to replace the carpet in those rooms due to the staining.
The carpet damage occurred during the tenancy and the tenant has not disproved liability for the damage.
The landlord was insured for the damage and claims four excesses of $250 for each of the rooms affected. I have therefore awarded $1,000 as compensation for the damage. Reletting Fees
The tenant surrendered the tenancy before the end of the fixed term and the landlord is therefore entitled to recover the reasonable expense incurred in reletting the premises. I find that the expenses claimed by the landlord were incurred and are reasonable and I have therefore awarded them. Exemplary Damages
The landlord claims that the tenant abandoned the premises and claims exemplary damages for abandonment. Abandoning the premises when rent is in arrears is an unlawful act for which exemplary damages of up to $1,500 can be awarded.
Technically, this was an abandonment because the tenant vacated the premises permanently before the end of the tenancy and rent was in arrears. But I do not regard this as a situation that warrants an award of exemplary damages. It appears that the tenant had to move away from Christchurch for work. He informed the landlord and signed an agreement that allowed the landlord to enter the premises to show prospective tenants. He did not, as he could have, apply to the Tribunal to end the tenancy early, perhaps believing that the premises could be relet reasonably quickly. But he did not, as some tenants do, vacate without saying anything to the landlord.
The tenant did not, as he should have done, tell the landlord when he was leaving or that he had left. But that did not affect the landlord’s ability to relet the premises. What did affect that, was the tenant’s failure to comply with his obligations relating to the condition of the premises. But the tenant must pay the landlord the rent that accrued until the premises were relet and compensate the landlord for remediating the premises. I do not see any need to impose exemplary damages on the tenant on top of that liability.
The claim for exemplary damages is therefore dismissed. Filing Fee
The landlord has succeeded and so the tenant must pay the filing fee. Result
The bond will be paid to the landlord and the tenant must pay the landlord the remaining liability.

Tenancy Tribunal case 4954633 — Rent arrears at 31 Oxley Avenue, St Albans, Christchurch 8014

At a glance

Tenancy Tribunal case 4954633 — Rent arrears at 31 Oxley Avenue, St Albans, Christchurch 8014

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions