What was the outcome of Tenancy Tribunal case 4990308?

The tribunal order states: Matt Brian Ashley must pay Xclusive Property Management NZ 2013 Limited,

How much money was awarded in case 4990308?

Cleaning: $910.00 awarded to landlord; Cleaning: $1,035.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $281.79 awarded to landlord; Property Damage: $1,176.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Remove Rust From Balcony Tiles: $264.50 awarded to landlord; Rent Arrears: $2,402.86 awarded to landlord; Replace Power Switch Plates: $162.84 awarded to landlord; Rubbish Removal: $756.64 awarded to landlord; Tidy Garden: $80.00 awarded to landlord

What type of tenancy dispute was case 4990308?

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

Where can I read the official tribunal order for case 4990308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11097210-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4990308?

The tribunal order states: Matt Brian Ashley must pay Xclusive Property Management NZ 2013 Limited,

How much money was awarded in case 4990308?

Cleaning: $910.00 awarded to landlord; Cleaning: $1,035.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $281.79 awarded to landlord; Property Damage: $1,176.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Remove Rust From Balcony Tiles: $264.50 awarded to landlord; Rent Arrears: $2,402.86 awarded to landlord; Replace Power Switch Plates: $162.84 awarded to landlord; Rubbish Removal: $756.64 awarded to landlord; Tidy Garden: $80.00 awarded to landlord

What type of tenancy dispute was case 4990308?

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

Where can I read the official tribunal order for case 4990308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11097210-Tenancy_Tribunal_Order.pdf.

Unit/Flat 109, 150 Tuam Street, Christchurch Central, Tenancy Tribunal Case 4990308 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Unit/Flat 109, 150 Tuam Street, Christchurch Central, Tenancy Tribunal Case 4990308 — 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 4990308 — net $5,996.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 September 2024	$2,402.86	Rent arrears to 13 September 2024
Cleaning	$1,035.00	Cleaning
Carpet Cleaning: including odour treatment	$910.00	Carpet Cleaning: including odour treatment
Rubbish removal	$756.64	Rubbish removal
Tidy garden	$80.00	Tidy garden
Lock/key replacement	$281.79	Lock/key replacement
Repair blinds	$1,176.00	Repair blinds
Replace power switch plates	$162.84	Replace power switch plates
Remove rust from balcony tiles	$264.50	Remove rust from balcony tiles
Repair walls	$1,000.00	Repair walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,996.63
Total payable by Tenant to Landlord	$5,996.63

Claims and awards for application 4990308 — net $5,996.63 NZD. Verify on MoJ.

Rent arrears to 13 September 2024

Amount: $2,402.86
Awarded to: Landlord
Reason: Rent arrears to 13 September 2024

Cleaning

Amount: $1,035.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning: including odour treatment

Amount: $910.00
Awarded to: Landlord
Reason: Carpet Cleaning: including odour treatment

Rubbish removal

Amount: $756.64
Awarded to: Landlord
Reason: Rubbish removal

Tidy garden

Amount: $80.00
Awarded to: Landlord
Reason: Tidy garden

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Matt Brian Ashley must pay Xclusive Property Management NZ 2013 Limited, Tanya Hopewell and Clayton Hopewell $5,996.63 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,100.00 (6503053-007) to Xclusive Property Management Nz 2013 Limited, immediately.

Reasons

Ms Martin and Ms Champ attended the hearing for the landlord. The tenant did not attend.
The landlords have 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 13 September 2024 (28 days after the tenant gave the landlords notice that he did not wish to renew the fixed term tenancy when it expired on 22 August 2024): section 60A of the Residential Tenancies Act 1986 (the Act).
The landlord provided rent records which prove the amount owing at the end of the tenancy.

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

The tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys and security devices required by section 40(1)(e)(ii)-(v) of the Act.
The amounts ordered are proved y the production of invoices. The invoice for the work to tidy lawns and gardens includes other work and does not provide any detail on the time spent or costs incurred for the gardening work. In the circumstances, including the relatively small size of the garden, I consider $80.00 reasonable to compensate the landlord for this work.

Is the tenant responsible for the damage to the premises?

To be successful in a claim for damage to the premises the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Act.
The following damage was caused during the tenancy: the door frame outside the front door was damaged by chips and scuffs; walls in the living room and master bedroom were damaged by marks which could not be removed by cleaning, by a gauge, and by chips and scuff marks; the balcony tiles were damaged by rust (likely from the tenant’s outdoor furniture); and the blinds in the living room and two bedrooms were damaged by stains and rips.
The amounts ordered are established by the production of invoices and quotes.
The damage to the tiles, blinds, and most of the wall damage is beyond fair wear and tear and the tenant has not disproved liability for it. However, I consider that some of the damage to the walls has been caused by ordinary use of the premises (fair wear and tear). I have therefore reduced the amount claimed to repair the walls and door frame to account for this. Doing the best I can on the evidence before me, I consider $1,000.00 reasonable to compensate the landlord for the damage for which the tenant is liable.
The claim to replace flat batteries in the heat pump remote is dismissed because this is considered to be ‘damage’ due to fair wear and tear (ordinary use of the remote).
The landlords have been mostly successful in their claims, and I consider this an appropriate case to award payment of the Tribunal application 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 4990308 — net $5,996.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 September 2024	$2,402.86	Rent arrears to 13 September 2024
Cleaning	$1,035.00	Cleaning
Carpet Cleaning: including odour treatment	$910.00	Carpet Cleaning: including odour treatment
Rubbish removal	$756.64	Rubbish removal
Tidy garden	$80.00	Tidy garden
Lock/key replacement	$281.79	Lock/key replacement
Repair blinds	$1,176.00	Repair blinds
Replace power switch plates	$162.84	Replace power switch plates
Remove rust from balcony tiles	$264.50	Remove rust from balcony tiles
Repair walls	$1,000.00	Repair walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,996.63
Total payable by Tenant to Landlord	$5,996.63

Claims and awards for application 4990308 — net $5,996.63 NZD. Verify on MoJ.

Rent arrears to 13 September 2024

Amount: $2,402.86
Awarded to: Landlord
Reason: Rent arrears to 13 September 2024

Cleaning

Amount: $1,035.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning: including odour treatment

Amount: $910.00
Awarded to: Landlord
Reason: Carpet Cleaning: including odour treatment

Rubbish removal

Amount: $756.64
Awarded to: Landlord
Reason: Rubbish removal

Tidy garden

Amount: $80.00
Awarded to: Landlord
Reason: Tidy garden

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Matt Brian Ashley must pay Xclusive Property Management NZ 2013 Limited, Tanya Hopewell and Clayton Hopewell $5,996.63 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,100.00 (6503053-007) to Xclusive Property Management Nz 2013 Limited, immediately.

Reasons

Ms Martin and Ms Champ attended the hearing for the landlord. The tenant did not attend.
The landlords have 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 13 September 2024 (28 days after the tenant gave the landlords notice that he did not wish to renew the fixed term tenancy when it expired on 22 August 2024): section 60A of the Residential Tenancies Act 1986 (the Act).
The landlord provided rent records which prove the amount owing at the end of the tenancy.

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

The tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys and security devices required by section 40(1)(e)(ii)-(v) of the Act.
The amounts ordered are proved y the production of invoices. The invoice for the work to tidy lawns and gardens includes other work and does not provide any detail on the time spent or costs incurred for the gardening work. In the circumstances, including the relatively small size of the garden, I consider $80.00 reasonable to compensate the landlord for this work.

Is the tenant responsible for the damage to the premises?

To be successful in a claim for damage to the premises the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Act.
The following damage was caused during the tenancy: the door frame outside the front door was damaged by chips and scuffs; walls in the living room and master bedroom were damaged by marks which could not be removed by cleaning, by a gauge, and by chips and scuff marks; the balcony tiles were damaged by rust (likely from the tenant’s outdoor furniture); and the blinds in the living room and two bedrooms were damaged by stains and rips.
The amounts ordered are established by the production of invoices and quotes.
The damage to the tiles, blinds, and most of the wall damage is beyond fair wear and tear and the tenant has not disproved liability for it. However, I consider that some of the damage to the walls has been caused by ordinary use of the premises (fair wear and tear). I have therefore reduced the amount claimed to repair the walls and door frame to account for this. Doing the best I can on the evidence before me, I consider $1,000.00 reasonable to compensate the landlord for the damage for which the tenant is liable.
The claim to replace flat batteries in the heat pump remote is dismissed because this is considered to be ‘damage’ due to fair wear and tear (ordinary use of the remote).
The landlords have been mostly successful in their claims, and I consider this an appropriate case to award payment of the Tribunal application fee.

Tenancy Tribunal case 4990308 — Property damage at Unit/Flat 109, 150 Tuam Street, Christchurch Central,

At a glance

Tenancy Tribunal case 4990308 — Property damage at Unit/Flat 109, 150 Tuam Street, Christchurch Central,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with his 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 his 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