How much money was awarded in case 5021428?

Filing Fee: $27.00 awarded to landlord; Pest Control: $575.00 awarded to landlord; Rent Arrears: $3,059.86 awarded to landlord; Painting: $2,702.50 awarded to landlord; Rubbish Removal: $3,326.44 awarded to landlord

What type of tenancy dispute was case 5021428?

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

Where can I read the official tribunal order for case 5021428?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11205788-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5021428?

Filing Fee: $27.00 awarded to landlord; Pest Control: $575.00 awarded to landlord; Rent Arrears: $3,059.86 awarded to landlord; Painting: $2,702.50 awarded to landlord; Rubbish Removal: $3,326.44 awarded to landlord

What type of tenancy dispute was case 5021428?

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

Where can I read the official tribunal order for case 5021428?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11205788-Tenancy_Tribunal_Order.pdf.

79 Stanmore Road, Linwood, Christchurch 8011 Tenancy Tribunal Case 5021428 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5021428?

The tribunal order states: Ofa Ulupano and Elizabeth He'ehau must pay Layton Holdings Limited Trading

Order

Claims and awards in Tenancy Tribunal application 5021428 — net $7,970.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 14 August 2024	$3,059.86	Rent arrears (to 14 August 2024
Rubbish removal and exterior tidying	$3,326.44	Rubbish removal and exterior tidying
Pest control	$575.00	Pest control
Repairs: Painting	$2,702.50	Repairs: Painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,970.80
Total payable by Tenant to Landlord	$7,970.80

Ofa Ulupano and Elizabeth He'ehau must pay Layton Holdings Limited Trading As Quinovic Merivale As Agent For Mr Allen Chang $7,970.80 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 14 August 2024)$3,059.86 Rubbish removal and exterior tidying$3,326.44 Pest control$575.00 Repairs: Painting$2,702.50 Filing fee reimbursement$27.00 Total award$9,690.80 Bond$1,720.00 Total payable by Tenant to Landlord$7,970.80

The Bond Centre is to pay the bond of $1,720.00 (3545832-008) to Layton Holdings Limited Trading As Quinovic Merivale As Agent For Mr Allen Chang immediately.

Reasons

A representative of the landlord attended the hearing. The tenants did not attend.

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 14 August 2024. The tenants left the property before then but did not give proper notice to the landlord. The landlord received an email from the tenants on 16 July 2024 advising that they no longer live at the property. The landlord treated that email as the start of the tenant’s 28 notice period.

The landlord provided rent records which prove the amount of $3,059.86 owing at the end of the tenancy.

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

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. 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. There was a large volume of rubbish and debris left at the property. There was also a rat infestation caused by the way the tenants were living in and/or had left the property. The pest controller had to attend 5 times and provided evidence of high levels of rodent activity and noting that items left at the property were contaminated by rodent urine.

The landlord also provided photographic evidence of the condition of the property and invoices for rubbish removal, disposal, exterior tidying including lawns and pest control. The amounts awarded 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 landlord claimed for wall damage at the premises. The claim was for large holes in the wall of a bedroom ($2,702.50) and general wall repair and touch ups of $2,530.

The large holes in the bedroom were caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The photographs suggest that the damage must have been intentional. I award the amount claimed of $2,702.50.

However, there was limited photographic of the other damage claimed. The quote for repairs refers to “small damage” on every wall and “touch up” of “little areas”. From that description, I am not satisfied that it is more likely than not that the damage is more than fair wear and tear. This aspect of the claim is dismissed.

As the landlord was the successful party, I also award reimbursement of the Tribunal application fee.

Claims and awards in Tenancy Tribunal application 5021428 — net $7,970.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 14 August 2024	$3,059.86	Rent arrears (to 14 August 2024
Rubbish removal and exterior tidying	$3,326.44	Rubbish removal and exterior tidying
Pest control	$575.00	Pest control
Repairs: Painting	$2,702.50	Repairs: Painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,970.80
Total payable by Tenant to Landlord	$7,970.80

Order

Ofa Ulupano and Elizabeth He'ehau must pay Layton Holdings Limited Trading As Quinovic Merivale As Agent For Mr Allen Chang $7,970.80 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 14 August 2024)$3,059.86 Rubbish removal and exterior tidying$3,326.44 Pest control$575.00 Repairs: Painting$2,702.50 Filing fee reimbursement$27.00 Total award$9,690.80 Bond$1,720.00 Total payable by Tenant to Landlord$7,970.80
The Bond Centre is to pay the bond of $1,720.00 (3545832-008) to Layton Holdings Limited Trading As Quinovic Merivale As Agent For Mr Allen Chang immediately.

Reasons

A representative of the landlord attended the hearing. The tenants did not attend.
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 14 August 2024. The tenants left the property before then but did not give proper notice to the landlord. The landlord received an email from the tenants on 16 July 2024 advising that they no longer live at the property. The landlord treated that email as the start of the tenant’s 28 notice period.
The landlord provided rent records which prove the amount of $3,059.86 owing at the end of the tenancy.

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

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. 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. There was a large volume of rubbish and debris left at the property. There was also a rat infestation caused by the way the tenants were living in and/or had left the property. The pest controller had to attend 5 times and provided evidence of high levels of rodent activity and noting that items left at the property were contaminated by rodent urine.
The landlord also provided photographic evidence of the condition of the property and invoices for rubbish removal, disposal, exterior tidying including lawns and pest control. The amounts awarded 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 landlord claimed for wall damage at the premises. The claim was for large holes in the wall of a bedroom ($2,702.50) and general wall repair and touch ups of $2,530.
The large holes in the bedroom were caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The photographs suggest that the damage must have been intentional. I award the amount claimed of $2,702.50.
However, there was limited photographic of the other damage claimed. The quote for repairs refers to “small damage” on every wall and “touch up” of “little areas”. From that description, I am not satisfied that it is more likely than not that the damage is more than fair wear and tear. This aspect of the claim is dismissed.
As the landlord was the successful party, I also award reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5021428 — Rent arrears at 79 Stanmore Road, Linwood, Christchurch 8011

At a glance

Tenancy Tribunal case 5021428 — Rent arrears at 79 Stanmore Road, Linwood, Christchurch 8011

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