What was the outcome of Tenancy Tribunal case 5035709?

The tribunal order states: Owen Stoakes and Emma Robinson to pay Holmwood Real Estate Limited as

How much money was awarded in case 5035709?

Break Lease Costs: $535.69 awarded to landlord; Cleaning: $160.00 awarded to landlord; Cleaning: $130.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Property Damage: $550.00 awarded to landlord

What type of tenancy dispute was case 5035709?

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

Where can I read the official tribunal order for case 5035709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11386868-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5035709?

The tribunal order states: Owen Stoakes and Emma Robinson to pay Holmwood Real Estate Limited as

How much money was awarded in case 5035709?

Break Lease Costs: $535.69 awarded to landlord; Cleaning: $160.00 awarded to landlord; Cleaning: $130.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Property Damage: $550.00 awarded to landlord

What type of tenancy dispute was case 5035709?

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

Where can I read the official tribunal order for case 5035709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11386868-Tenancy_Tribunal_Order.pdf.

Flat 1, 162 Chester Street East, Christchurch Central, Tenancy Tribunal Case 5035709 — Property damage

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Order

Claims and awards in Tenancy Tribunal application 5035709 — net $1,575.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$130.00	Cleaning
Repairs: Damaged shower tiles (insurance excess	$550.00	Repairs: Damaged shower tiles (insurance excess
Carpet Cleaning	$160.00	Carpet Cleaning
Window repairs	$172.50	Window repairs
Break lease costs	$535.69	Break lease costs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,575.19
Bond	$1,840.00
Total payable by Tenant to Landlord	$1,575.19

Owen Stoakes and Emma Robinson to pay Holmwood Real Estate Limited as agent for Katie Wallace $1,575.19 from the bond, as calculated in table below:

The Bond Centre is to pay the bond of $1,840.00 (3507768-011) immediately apportioned as follows: Holmwood Real Estate Limited as agent for Katie Wallace: $1,575.19 Owen Stoakes and Emma Robinson: $264.81

Reasons

The landlord attended the hearing. The tenants did not attend and did not respond when telephoned on the numbers ending in 854 and 335.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenancy was fixed and commenced on 12 December 2023 with an end date of 19 January 2025. The tenants vacated on 17 September 2024.

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 landlord submits that the property was not left reasonably clean and tidy. Pre and post tenancy photos show that additional cleaning was required. The landlord has provided an invoice for cleaning of $130.00.

In addition, the landlord submits that two bedrooms at the property required carpet cleaning due to the strong body odour smell within the carpet. An invoice has been provided for $160.00.

Based on the evidence and in the absence of any evidence to the contrary, I find that the tenant did not leave the premises reasonably clean and tidy.

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. See sections 40(2)(a), 41 and 49B RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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.

The landlord claims for the insurance excess cost associated with repairing the shower tiles. There were large chips in the tiles suggesting that something heavy had been dropped on them. The landlord submits that this damage was careless and has provided photographs that prove the damage was caused during the tenancy.

The landlord has provided an invoice for the insurance excess of $550.00.

In addition, one of the windowsills has a large mark on it. The landlord advises that the tenants spilt something on it, and has likely endeavoured to patch repair it, however, the photos clearly show a mark still on the sill and additional painting work required. A quote has been provided for the works of $172.50.

The following damage was caused during the tenancy: Cracked shower tiles, damaged windowsill. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Other costs

The landlord has also claimed for costs associated with allowing the tenants to break their fixed term lease. An invoice has been provided for $535.69 for advertising, additional viewing, vetting, related correspondence, and document preparation. The landlord advises that they worked quickly to have repair works done and a new tenant found to limit the costs associated with breaking a lease.

The amount ordered is proved.

Because Holmwood Real Estate Limited as agent for Katie Wallace has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 03 February 2025

Order

Claims and awards in Tenancy Tribunal application 5035709 — net $1,575.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$130.00	Cleaning
Repairs: Damaged shower tiles (insurance excess	$550.00	Repairs: Damaged shower tiles (insurance excess
Carpet Cleaning	$160.00	Carpet Cleaning
Window repairs	$172.50	Window repairs
Break lease costs	$535.69	Break lease costs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,575.19
Bond	$1,840.00
Total payable by Tenant to Landlord	$1,575.19

Owen Stoakes and Emma Robinson to pay Holmwood Real Estate Limited as agent for Katie Wallace $1,575.19 from the bond, as calculated in table below:

Reasons

The landlord attended the hearing. The tenants did not attend and did not respond when telephoned on the numbers ending in 854 and 335.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenancy was fixed and commenced on 12 December 2023 with an end date of 19 January 2025. The tenants vacated on 17 September 2024.

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

In addition, the landlord submits that two bedrooms at the property required carpet cleaning due to the strong body odour smell within the carpet. An invoice has been provided for $160.00.

Based on the evidence and in the absence of any evidence to the contrary, I find that the tenant did not leave the premises reasonably clean and tidy.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord has provided an invoice for the insurance excess of $550.00.

The following damage was caused during the tenancy: Cracked shower tiles, damaged windowsill. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Other costs

The amount ordered is proved.

Because Holmwood Real Estate Limited as agent for Katie Wallace has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 03 February 2025

Tenancy Tribunal case 5035709 — Property damage at Flat 1, 162 Chester Street East, Christchurch Central,

At a glance

Tenancy Tribunal case 5035709 — Property damage at Flat 1, 162 Chester Street East, Christchurch Central,

At a glance

Award balance

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

Award balance

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