What was the outcome of Tenancy Tribunal case 4961933?

The tribunal order states: Caitlin Siobhan Griffiths must pay Ashburton Real Estate Limited as Agent for

How much money was awarded in case 4961933?

Cleaning: $502.50 awarded to landlord; Cleaning: $557.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Light Fitting: $329.00 awarded to landlord; Previous Order Application 4891742 D…: $20.44 awarded to landlord; Property Damage: $2,250.00 awarded to landlord; Rent Arrears: $985.71 awarded to landlord; Rubbish Removal: $569.20 awarded to landlord

What type of tenancy dispute was case 4961933?

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

Where can I read the official tribunal order for case 4961933?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10773650-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4961933?

The tribunal order states: Caitlin Siobhan Griffiths must pay Ashburton Real Estate Limited as Agent for

How much money was awarded in case 4961933?

Cleaning: $502.50 awarded to landlord; Cleaning: $557.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Light Fitting: $329.00 awarded to landlord; Previous Order Application 4891742 D…: $20.44 awarded to landlord; Property Damage: $2,250.00 awarded to landlord; Rent Arrears: $985.71 awarded to landlord; Rubbish Removal: $569.20 awarded to landlord

What type of tenancy dispute was case 4961933?

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

Where can I read the official tribunal order for case 4961933?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10773650-Tenancy_Tribunal_Order.pdf.

15 Smitheram Street, Allenton, Ashburton 7700 Tenancy Tribunal Case 4961933 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4961933 — net $3,401.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 July 2024	$985.71	Rent arrears to 15 July 2024
Previous order application 4891742 dated 21 June 2024	$20.44	Previous order application 4891742 dated 21 June 2024
Light fitting	$329.00	Light fitting
Wall damage	$2,250.00	Wall damage
Carpet Cleaning	$502.50	Carpet Cleaning
Rubbish removal	$569.20	Rubbish removal
Cleaning	$557.75	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,401.60
Total payable by Tenant to Landlord	$3,401.60

The hearing was conducted by video. The landlord’s representatives attended. The tenant did not join the hearing. The Tribunal called her on her mobile telephone number at the time of the hearing and the call went to voicemail. The hearing therefore proceeded without her.

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

The tenant’s liability for rent ended on 15 July 2024 when she returned the keys, and her dogs were removed from the premises. The landlord provided rent records to prove the amount owing at that time. The Tenant’s Other Obligations

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).

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. Claims and Awards

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord claims the cost of removing rubbish and the tenant’s belongings left at the premises and the cost of cleaning the premises.

The rubbish has been removed and dumped and the landlord provided evidence, including the dump fee receipts to prove that the cost was incurred. The cost is reasonable, and I have awarded the claim in full.

The premises have not yet been cleaned. The landlord has been waiting for the result of this application and payment of the bond before incurring the cost. I am satisfied from the photographic evidence that substantial cleaning is needed and the estimate for professional cleaning is reasonable. I have therefore awarded it in full. I accept that the tenant will incur the expense.

I also accept the claim for carpet cleaning based on an estimate. The carpet was badly stained, covered in dog hair and smelled strongly of dog urine. It is unclear whether the cleaning and deodorising will leave the carpet in a usable condition or whether it will need to be replaced.

There was extensive damage to walls during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The damage was mainly impact damage and the extent and seriousness of the damage was such that I accept it was intentionally caused.

The damage was to the hallway, lounge and a bedroom. The damage was partly repaired by the tenant during the tenancy. Some damage was repaired and plastered but needed finishing and then painting. Some damage was unrepaired.

Because the damage was intentionally caused, the landlord’s insurance does not limit the amount that can be awarded. But the landlord limits the claim to three $750 insurance excesses: one for each of the damaged areas.

The question for me is whether the reasonable cost of repairing the damage and painting exceeds the sum of $750 in each case or is a lesser amount.

The landlord produced the loss adjuster’s scope of works and estimates for the cost of the work. That, together with the landlord’s photographs showing the damage, satisfies me that the cost of the remedial work is likely to exceed $750 for each of the damaged areas. I have therefore awarded $2,250 (3 x $750) for the wall damage.

A light fitting was also damaged and had to be replaced. The award was proved by the production of an estimate and evidence of the cost of the fitting. Filing Fees

The landlord has succeeded and so I have awarded the filing fee. Previous Order

I have also included the filing fee from the previous application relating to this tenancy for enforcement purposes.

Claims and awards in Tenancy Tribunal application 4961933 — net $3,401.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 July 2024	$985.71	Rent arrears to 15 July 2024
Previous order application 4891742 dated 21 June 2024	$20.44	Previous order application 4891742 dated 21 June 2024
Light fitting	$329.00	Light fitting
Wall damage	$2,250.00	Wall damage
Carpet Cleaning	$502.50	Carpet Cleaning
Rubbish removal	$569.20	Rubbish removal
Cleaning	$557.75	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,401.60
Total payable by Tenant to Landlord	$3,401.60

Order

Caitlin Siobhan Griffiths must pay Ashburton Real Estate Limited as Agent for Tim Eastwood $3,401.60 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,840.00 (3574557-002) to Ashburton Real Estate Limited as Agent for Tim Eastwood immediately.

Reasons

The hearing was conducted by video. The landlord’s representatives attended. The tenant did not join the hearing. The Tribunal called her on her mobile telephone number at the time of the hearing and the call went to voicemail. The hearing therefore proceeded without her.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent
The tenant’s liability for rent ended on 15 July 2024 when she returned the keys, and her dogs were removed from the premises. The landlord provided rent records to prove the amount owing at that time. The Tenant’s Other Obligations
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).
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. Claims and Awards
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord claims the cost of removing rubbish and the tenant’s belongings left at the premises and the cost of cleaning the premises.
The rubbish has been removed and dumped and the landlord provided evidence, including the dump fee receipts to prove that the cost was incurred. The cost is reasonable, and I have awarded the claim in full.
The premises have not yet been cleaned. The landlord has been waiting for the result of this application and payment of the bond before incurring the cost. I am satisfied from the photographic evidence that substantial cleaning is needed and the estimate for professional cleaning is reasonable. I have therefore awarded it in full. I accept that the tenant will incur the expense.
I also accept the claim for carpet cleaning based on an estimate. The carpet was badly stained, covered in dog hair and smelled strongly of dog urine. It is unclear whether the cleaning and deodorising will leave the carpet in a usable condition or whether it will need to be replaced.
There was extensive damage to walls during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The damage was mainly impact damage and the extent and seriousness of the damage was such that I accept it was intentionally caused.
The damage was to the hallway, lounge and a bedroom. The damage was partly repaired by the tenant during the tenancy. Some damage was repaired and plastered but needed finishing and then painting. Some damage was unrepaired.
Because the damage was intentionally caused, the landlord’s insurance does not limit the amount that can be awarded. But the landlord limits the claim to three $750 insurance excesses: one for each of the damaged areas.
The question for me is whether the reasonable cost of repairing the damage and painting exceeds the sum of $750 in each case or is a lesser amount.
The landlord produced the loss adjuster’s scope of works and estimates for the cost of the work. That, together with the landlord’s photographs showing the damage, satisfies me that the cost of the remedial work is likely to exceed $750 for each of the damaged areas. I have therefore awarded $2,250 (3 x $750) for the wall damage.
A light fitting was also damaged and had to be replaced. The award was proved by the production of an estimate and evidence of the cost of the fitting. Filing Fees
The landlord has succeeded and so I have awarded the filing fee. Previous Order
I have also included the filing fee from the previous application relating to this tenancy for enforcement purposes.

Tenancy Tribunal case 4961933 — Property damage at 15 Smitheram Street, Allenton, Ashburton 7700

At a glance

Tenancy Tribunal case 4961933 — Property damage at 15 Smitheram Street, Allenton, Ashburton 7700

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