What was the outcome of Tenancy Tribunal case 5062448?

The tribunal order states: Tewe-Lance Wharewhiti must pay Wongeoon Vast Limited $1,784.25

How much money was awarded in case 5062448?

Cleaning: $220.00 awarded to landlord; Cleaning: $150.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $299.00 awarded to landlord; Property Damage: $1,035.00 awarded to landlord; Property Damage: $180.00 awarded to landlord; Rent Arrears: $1,067.86 awarded to landlord; Replace Yellow Council Bin: $97.65 awarded to landlord; Rubbish Removal: $477.23 awarded to landlord; Water Rates: $30.51 awarded to landlord

What type of tenancy dispute was case 5062448?

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

Where can I read the official tribunal order for case 5062448?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11482536-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5062448?

The tribunal order states: Tewe-Lance Wharewhiti must pay Wongeoon Vast Limited $1,784.25

How much money was awarded in case 5062448?

Cleaning: $220.00 awarded to landlord; Cleaning: $150.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $299.00 awarded to landlord; Property Damage: $1,035.00 awarded to landlord; Property Damage: $180.00 awarded to landlord; Rent Arrears: $1,067.86 awarded to landlord; Replace Yellow Council Bin: $97.65 awarded to landlord; Rubbish Removal: $477.23 awarded to landlord; Water Rates: $30.51 awarded to landlord

What type of tenancy dispute was case 5062448?

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

Where can I read the official tribunal order for case 5062448?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11482536-Tenancy_Tribunal_Order.pdf.

3 Cardigan Bay Place, Addington, Christchurch 8024 Tenancy Tribunal Case 5062448 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5062448 — net $1,784.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 September 2024	$1,067.86	Rent arrears to 6 September 2024
Water rates	$30.51	Water rates
Cleaning	$150.00	Cleaning
Carpet Cleaning	$220.00	Carpet Cleaning
Lock/key replacement	$299.00	Lock/key replacement
Replace yellow Council bin	$97.65	Replace yellow Council bin
Rubbish removal	$477.23	Rubbish removal
Wall and door repairs	$1,035.00	Wall and door repairs
Window repairs	$180.00	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,784.25
Total payable by Tenant to Landlord	$1,784.25

Mr Wongeoon attended the hearing for the landlord. The tenant 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 and water rates?

The tenant, Mr Wharewhiti, gave notice to end the tenancy on 21 August 2024 and vacated soon after. A new tenant was found commencing on 7 September 2024. The amount of rent owing to 6 September 2024 has been established by the production of a rent record and the amount of water rates owing has been established by an invoice.

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

Mr Wharewhiti did not leave the premises reasonably clean, did not remove all rubbish, and did not leave all keys and chattels (the yellow rubbish bin had been removed by Council due to persistent contamination) provided for his benefit as required section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (the Act

The amounts claimed for cleaning the carpets, changing the locks, removing the rubbish and replacing the rubbish bin has been established.

The landlord claimed $750.00 to clean the premises, being $300.00 paid to another tenant of the landlord (Emily) and $350.00 paid to friends of the new tenant. However, the only evidence provided to support the amount claimed are two bank payment records dated 6 September 2024. No invoices or other evidence was provided as to the work that was completed, the time spent or the hourly rate charged. I am therefore not satisfied that the landlord has provided sufficient evidence to establish that the amount claimed ($750.00) is a reasonable sum for the work required to clean the premises to a reasonable standard. Doing the best I can on the evidence provided (including the photographs provided to support the cleaning claim) I consider $150.00 reasonable compensation.

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.

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 (here $550.00) or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent): section 49B(3)(a) of the Act.

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: section 49B(1) RTA.

The following damage was caused during the tenancy: walls in the entrance, lounge, hall, and two bedrooms were damaged by a large dent (entranceway), attaching of an item to the wall (lounge), and unsuccessful attempts by the tenant to patch several areas; the bedroom door had a hole; and the entrance and garage door glass were broken.

The damage is more than fair wear and tear, and the tenant has not disproved liability for it.

The amounts ordered are established.

The landlord has been successful in its claims and is therefore entitle to payment of the Tribunal application fee.

Claims and awards in Tenancy Tribunal application 5062448 — net $1,784.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 September 2024	$1,067.86	Rent arrears to 6 September 2024
Water rates	$30.51	Water rates
Cleaning	$150.00	Cleaning
Carpet Cleaning	$220.00	Carpet Cleaning
Lock/key replacement	$299.00	Lock/key replacement
Replace yellow Council bin	$97.65	Replace yellow Council bin
Rubbish removal	$477.23	Rubbish removal
Wall and door repairs	$1,035.00	Wall and door repairs
Window repairs	$180.00	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,784.25
Total payable by Tenant to Landlord	$1,784.25

Order

Tewe-Lance Wharewhiti must pay Wongeoon Vast Limited $1,784.25 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (5842957-006) to Wongeoon Vast Limited immediately.

Reasons

Mr Wongeoon attended the hearing for the landlord. The tenant 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 and water rates?

The tenant, Mr Wharewhiti, gave notice to end the tenancy on 21 August 2024 and vacated soon after. A new tenant was found commencing on 7 September 2024. The amount of rent owing to 6 September 2024 has been established by the production of a rent record and the amount of water rates owing has been established by an invoice.

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

Mr Wharewhiti did not leave the premises reasonably clean, did not remove all rubbish, and did not leave all keys and chattels (the yellow rubbish bin had been removed by Council due to persistent contamination) provided for his benefit as required section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (the Act
The amounts claimed for cleaning the carpets, changing the locks, removing the rubbish and replacing the rubbish bin has been established.
The landlord claimed $750.00 to clean the premises, being $300.00 paid to another tenant of the landlord (Emily) and $350.00 paid to friends of the new tenant. However, the only evidence provided to support the amount claimed are two bank payment records dated 6 September 2024. No invoices or other evidence was provided as to the work that was completed, the time spent or the hourly rate charged. I am therefore not satisfied that the landlord has provided sufficient evidence to establish that the amount claimed ($750.00) is a reasonable sum for the work required to clean the premises to a reasonable standard. Doing the best I can on the evidence provided (including the photographs provided to support the cleaning claim) I consider $150.00 reasonable compensation.

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.
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 (here $550.00) or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent): section 49B(3)(a) of the Act.
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: section 49B(1) RTA.
The following damage was caused during the tenancy: walls in the entrance, lounge, hall, and two bedrooms were damaged by a large dent (entranceway), attaching of an item to the wall (lounge), and unsuccessful attempts by the tenant to patch several areas; the bedroom door had a hole; and the entrance and garage door glass were broken.
The damage is more than fair wear and tear, and the tenant has not disproved liability for it.
The amounts ordered are established.
The landlord has been successful in its claims and is therefore entitle to payment of the Tribunal application fee.

Tenancy Tribunal case 5062448 — Property damage at 3 Cardigan Bay Place, Addington, Christchurch 8024

At a glance

Tenancy Tribunal case 5062448 — Property damage at 3 Cardigan Bay Place, Addington, Christchurch 8024

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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