What was the outcome of Tenancy Tribunal case 5068876?

The tribunal order states: Sharahorn Mahanga and Georgina Mahanga must pay Raewyn Karen Jeanette

How much money was awarded in case 5068876?

Cleaning: $871.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $359.00 awarded to landlord; Walls: $1,500.00 awarded to landlord; Rubbish Removal: $213.35 awarded to landlord

What type of tenancy dispute was case 5068876?

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

Where can I read the official tribunal order for case 5068876?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11421950-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5068876?

The tribunal order states: Sharahorn Mahanga and Georgina Mahanga must pay Raewyn Karen Jeanette

How much money was awarded in case 5068876?

Cleaning: $871.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $359.00 awarded to landlord; Walls: $1,500.00 awarded to landlord; Rubbish Removal: $213.35 awarded to landlord

What type of tenancy dispute was case 5068876?

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

Where can I read the official tribunal order for case 5068876?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11421950-Tribunal_Order.pdf.

146 Opawa Road, Opawa, Christchurch 8023 Tenancy Tribunal Case 5068876 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5068876 — net $1,670.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$213.35	Rubbish removal
Repairs: Walls	$1,500.00	Repairs: Walls
Window repairs	$359.00	Window repairs
Cleaning: and carpet cleaning	$871.00	Cleaning: and carpet cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,670.35
Total payable by Tenant to Landlord	$1,670.35

Only the applicant landlord attended the hearing which took place by teleconference on 4 February 2025. The tenants were called on the numbers provided but there was no response.

The tenancy started on 9 September 2023 and ended on 1 November 2024. DescriptionLandlord Rubbish removal$213.35 Repairs: Walls$1,500.00 Window repairs$359.00 Cleaning: and carpet cleaning$871.00 Filing fee reimbursement$27.00 Total award$2,970.35 Minus Bond$1,300.00 Total payable by Tenant to Landlord$1,670.35

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

The onus is on the landlord to provide evidence to prove the claims and the compensation sought on the balance of probabilities.

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. The landlord provided a video of the condition of the premises at the end of the tenancy. The landlord provided an invoice for a flexibin pick up of $189.00 and $24.35 for the tip fee. The landlord also sought other charges for labour for rubbish removal and provided an advertised cost for the purchase of the flexibin but as no actual invoice or evidence of payment made by her were provided these have not been ordered. The landlord provided invoices for cleaning and carpet cleaning and these amounts totalling $871.00 have been ordered.

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.

The following damage was caused during the tenancy: a broken door and holes in wall in the granny flat. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. A video of the damage was provided. The landlord has provided an invoice for the glass repair and this amount of $359.10 will be ordered. The landlord has also provided a settlement statement from sale of the property recording that $2000 is being held pending repairs of the walls. As no evidence of the exact cost of repairs is provided the Tribunal takes a cautious approach and will order 75 percent of the amount in the sum of $1500.00.

The amounts ordered are less than the landlord’s insurance excesses.

The landlord also sought compensation for electrical repairs, but insufficient evidence was provided to prove this claim.

Because Raewyn Karen Jeanette Cole has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5068876 — net $1,670.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$213.35	Rubbish removal
Repairs: Walls	$1,500.00	Repairs: Walls
Window repairs	$359.00	Window repairs
Cleaning: and carpet cleaning	$871.00	Cleaning: and carpet cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,670.35
Total payable by Tenant to Landlord	$1,670.35

Order

Sharahorn Mahanga and Georgina Mahanga must pay Raewyn Karen Jeanette Cole $1,670.35 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,300.00 (6510508-001) to Raewyn Karen Jeanette Cole immediately.

Reasons

Only the applicant landlord attended the hearing which took place by teleconference on 4 February 2025. The tenants were called on the numbers provided but there was no response.
The tenancy started on 9 September 2023 and ended on 1 November 2024. DescriptionLandlord Rubbish removal$213.35 Repairs: Walls$1,500.00 Window repairs$359.00 Cleaning: and carpet cleaning$871.00 Filing fee reimbursement$27.00 Total award$2,970.35 Minus Bond$1,300.00 Total payable by Tenant to Landlord$1,670.35
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The onus is on the landlord to provide evidence to prove the claims and the compensation sought on the balance of probabilities.

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. The landlord provided a video of the condition of the premises at the end of the tenancy. The landlord provided an invoice for a flexibin pick up of $189.00 and $24.35 for the tip fee. The landlord also sought other charges for labour for rubbish removal and provided an advertised cost for the purchase of the flexibin but as no actual invoice or evidence of payment made by her were provided these have not been ordered. The landlord provided invoices for cleaning and carpet cleaning and these amounts totalling $871.00 have been ordered.

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.
The following damage was caused during the tenancy: a broken door and holes in wall in the granny flat. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. A video of the damage was provided. The landlord has provided an invoice for the glass repair and this amount of $359.10 will be ordered. The landlord has also provided a settlement statement from sale of the property recording that $2000 is being held pending repairs of the walls. As no evidence of the exact cost of repairs is provided the Tribunal takes a cautious approach and will order 75 percent of the amount in the sum of $1500.00.
The amounts ordered are less than the landlord’s insurance excesses.
The landlord also sought compensation for electrical repairs, but insufficient evidence was provided to prove this claim.
Because Raewyn Karen Jeanette Cole has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5068876 — Property damage at 146 Opawa Road, Opawa, Christchurch 8023

At a glance

Tenancy Tribunal case 5068876 — Property damage at 146 Opawa Road, Opawa, Christchurch 8023

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

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

Frequently asked questions