What was the outcome of Tenancy Tribunal case 5023468?

The tribunal order states: Gemma Makere Miriama Katene and Theresa Tuhoro (as guarantor) must pay

How much money was awarded in case 5023468?

Cleaning: $225.00 awarded to landlord; Cleaning: $120.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lightbulbs: $325.00 awarded to landlord; Property Damage: $215.00 awarded to landlord; Rubbish Removal: $1,347.88 awarded to landlord

What type of tenancy dispute was case 5023468?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5023468?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11268381-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5023468?

The tribunal order states: Gemma Makere Miriama Katene and Theresa Tuhoro (as guarantor) must pay

How much money was awarded in case 5023468?

Cleaning: $225.00 awarded to landlord; Cleaning: $120.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lightbulbs: $325.00 awarded to landlord; Property Damage: $215.00 awarded to landlord; Rubbish Removal: $1,347.88 awarded to landlord

What type of tenancy dispute was case 5023468?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5023468?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11268381-Tenancy_Tribunal_Order.pdf.

9 Woodchester Avenue, Richmond, Christchurch 8013 Tenancy Tribunal Case 5023468 — Property damage

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9 Woodchester Avenue, Richmond, Christchurch 8013 Tenancy Tribunal Case 5023468 — 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 5023468. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$225.00	Carpet Cleaning
Paint removal, gate replacement, rubbish removal, mowing	$1,347.88	Paint removal, gate replacement, rubbish removal, mowing
Lock/key replacement	$215.00	Lock/key replacement
General cleaning	$120.75	General cleaning
Wall repairs, light bulbs replacement	$325.00	Wall repairs, light bulbs replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement

Claims and awards for application 5023468. Verify on MoJ.

Carpet Cleaning

Amount: $225.00
Awarded to: Landlord
Reason: Carpet Cleaning

Paint removal, gate replacement, rubbish removal, mowing

Amount: $1,347.88
Awarded to: Landlord
Reason: Paint removal, gate replacement, rubbish removal, mowing

Lock/key replacement

Amount: $215.00
Awarded to: Landlord
Reason: Lock/key replacement

General cleaning

Amount: $120.75
Awarded to: Landlord
Reason: General cleaning

Wall repairs, light bulbs replacement

Amount: $325.00
Awarded to: Landlord
Reason: Wall repairs, light bulbs replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

Gemma Makere Miriama Katene and Theresa Tuhoro (as guarantor) must pay Braziers Limited as agent for Warren Helm $2,260.63 immediately, calculated as shown in table below. DescriptionLandlord Carpet Cleaning$225.00 Paint removal, gate replacement, rubbish removal, mowing $1,347.88 Lock/key replacement$215.00 General cleaning$120.75 Wall repairs, light bulbs replacement$325.00 Filing fee reimbursement$27.00 Total award$2,260.63

Reasons

The hearing was conducted on Microsoft Teams. Nikki Roundhill attended the hearing for the landlord’s agent.
The tenant did not attend. The tenant’s mother, Theresa Tuhoro, whom was guarantor for the tenancy, attended by telephone.
The landlord has applied for compensation for their costs to restore the premises following the end of the tenancy, and reimbursement of the filing fee.

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. 1 The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy. She left the stove and oven very unclean. I order fifty percent of the cost of cleaning. The carpets were stained in several places. The grass needed mowing.
The tenant did not remove all her rubbish.
The tenant did not return all the keys. Some of the locks had to be rekeyed.
The landlord had to replace light bulbs.
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. 2
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. 3 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(ii)-(v). 2 RTA, s 40(2)(a), 41 and 49B RTA. 3 RTA, s 49B(1).
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. 4
During the tenancy, the tenant or a visitor reversed into a driveway gate. The gate had to be replaced. The tenant is an artist. Some of the artworks’ paint spilled or was over-sprayed onto the exterior walls and paved areas. The paint required professional removal. An interior wall suffered some damage and had to be plastered and repainted.
The damage is more than fair wear and tear, and the tenant has not disproved liability for it.
I do not allow the cost of installing a bolt to the garage door. The landlord installed the lock after the tenant removed her stored items from the garage after the tenancy had ended. It is improbable the tenant would have re-entered the garage after she recovered her belongings, so the installation of the bolt was reasonably proximate.
The amounts ordered are proved. Filing fee
The tenant must reimburse the landlord for the filing 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 5023468. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$225.00	Carpet Cleaning
Paint removal, gate replacement, rubbish removal, mowing	$1,347.88	Paint removal, gate replacement, rubbish removal, mowing
Lock/key replacement	$215.00	Lock/key replacement
General cleaning	$120.75	General cleaning
Wall repairs, light bulbs replacement	$325.00	Wall repairs, light bulbs replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement

Claims and awards for application 5023468. Verify on MoJ.

Carpet Cleaning

Amount: $225.00
Awarded to: Landlord
Reason: Carpet Cleaning

Paint removal, gate replacement, rubbish removal, mowing

Amount: $1,347.88
Awarded to: Landlord
Reason: Paint removal, gate replacement, rubbish removal, mowing

Lock/key replacement

Amount: $215.00
Awarded to: Landlord
Reason: Lock/key replacement

General cleaning

Amount: $120.75
Awarded to: Landlord
Reason: General cleaning

Wall repairs, light bulbs replacement

Amount: $325.00
Awarded to: Landlord
Reason: Wall repairs, light bulbs replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

Reasons

The hearing was conducted on Microsoft Teams. Nikki Roundhill attended the hearing for the landlord’s agent.
The tenant did not attend. The tenant’s mother, Theresa Tuhoro, whom was guarantor for the tenancy, attended by telephone.
The landlord has applied for compensation for their costs to restore the premises following the end of the tenancy, and reimbursement of the filing fee.

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. 1 The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy. She left the stove and oven very unclean. I order fifty percent of the cost of cleaning. The carpets were stained in several places. The grass needed mowing.
The tenant did not remove all her rubbish.
The tenant did not return all the keys. Some of the locks had to be rekeyed.
The landlord had to replace light bulbs.
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. 2
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. 3 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(ii)-(v). 2 RTA, s 40(2)(a), 41 and 49B RTA. 3 RTA, s 49B(1).
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. 4
During the tenancy, the tenant or a visitor reversed into a driveway gate. The gate had to be replaced. The tenant is an artist. Some of the artworks’ paint spilled or was over-sprayed onto the exterior walls and paved areas. The paint required professional removal. An interior wall suffered some damage and had to be plastered and repainted.
The damage is more than fair wear and tear, and the tenant has not disproved liability for it.
I do not allow the cost of installing a bolt to the garage door. The landlord installed the lock after the tenant removed her stored items from the garage after the tenancy had ended. It is improbable the tenant would have re-entered the garage after she recovered her belongings, so the installation of the bolt was reasonably proximate.
The amounts ordered are proved. Filing fee
The tenant must reimburse the landlord for the filing fee.

Tenancy Tribunal case 5023468 — Property damage at 9 Woodchester Avenue, Richmond, Christchurch 8013

At a glance

Tenancy Tribunal case 5023468 — Property damage at 9 Woodchester Avenue, Richmond, Christchurch 8013

At a glance

Claims & awards

Order

Reasons

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

Claims & awards

Order

Reasons

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