What was the outcome of Tenancy Tribunal case 5098449?

The tribunal order states: Chloe Tania Maxwell must pay Vision Property Management Ltd As Agent For

How much money was awarded in case 5098449?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,164.28 awarded to landlord; bath, walls, internal doors, glass,…: $5,500.00 awarded to landlord; Kitchen Vinyl: $650.00 awarded to landlord; to secure premises and replace exter…: $1,562.34 awarded to landlord; Rubbish Removal: $2,781.50 awarded to landlord

What type of tenancy dispute was case 5098449?

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

Where can I read the official tribunal order for case 5098449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11397827-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5098449?

The tribunal order states: Chloe Tania Maxwell must pay Vision Property Management Ltd As Agent For

How much money was awarded in case 5098449?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,164.28 awarded to landlord; bath, walls, internal doors, glass,…: $5,500.00 awarded to landlord; Kitchen Vinyl: $650.00 awarded to landlord; to secure premises and replace exter…: $1,562.34 awarded to landlord; Rubbish Removal: $2,781.50 awarded to landlord

What type of tenancy dispute was case 5098449?

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

Where can I read the official tribunal order for case 5098449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11397827-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 395 Linwood Avenue, Bromley, Christchurch Tenancy Tribunal Case 5098449 — Property damage

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Unit/Flat 1, 395 Linwood Avenue, Bromley, Christchurch Tenancy Tribunal Case 5098449 — 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 5098449 — net $11,685.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,164.28	Rent arrears
Rubbish removal: including removal of car port structure	$2,781.50	Rubbish removal: including removal of car port structure
Repairs: to secure premises and replace external doors	$1,562.34	Repairs: to secure premises and replace external doors
Repairs: bath, walls, internal doors, glass, kitchen	$5,500.00	Repairs: bath, walls, internal doors, glass, kitchen
Repairs: Carpet & Vinyl	$650.00	Repairs: Carpet & Vinyl
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,685.12
Total payable by Tenant to Landlord	$11,685.12

Claims and awards for application 5098449 — net $11,685.12 NZD. Verify on MoJ.

Rent arrears

Amount: $1,164.28
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal: including removal of car port structure

Amount: $2,781.50
Awarded to: Landlord
Reason: Rubbish removal: including removal of car port structure

Repairs: to secure premises and replace external doors

Amount: $1,562.34
Awarded to: Landlord
Reason: Repairs: to secure premises and replace external doors

Repairs: bath, walls, internal doors, glass, kitchen

Amount: $5,500.00
Awarded to: Landlord
Reason: Repairs: bath, walls, internal doors, glass, kitchen

Repairs: Carpet & Vinyl

Amount: $650.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Rubbish Removal

Order

Chloe Tania Maxwell must pay Vision Property Management Ltd As Agent For John & Kyllie Moody $11,685.12 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$1,164.28 Rubbish removal: including removal of car port structure$2,781.50 Repairs: to secure premises and replace external doors$1,562.34 Repairs: bath, walls, internal doors, glass, kitchen$5,500.00 Repairs: Carpet & Vinyl$650.00 Filing fee reimbursement$27.00 Total award$11,685.12 Total payable by Tenant to Landlord$11,685.12

Reasons

A representative of the landlord attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 16 October 2024. The landlord provided rent records which prove the amount 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.
The tenant did not remove all rubbish. The landlord provided photographs and receipts to prove this aspect of its claim.

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 following damage was caused during the tenancy: bath stained with dye, carpet and vinyl stained, holes in walls and doors, external doors removed, windows broken, kitchen cupboards broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided ingoing and outgoing photographs to prove the damage. The landlord also provided evidence of the repair costs. The costs were not itemised. However, I am satisfied that each item listed was a discrete incident of damage which occurred during the tenancy and which is being repaired.
I have taken into account depreciation. In doing so, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. The floor coverings appear to be at the end of their useful lifespan, so I have awarded 10% of the amount claimed. I have also allowed depreciation to the other repairs, having regard to the age and condition of the bath, kitchen cabinets and walls.
As the landlord was substantially successful, I have also awarded reimbursement of the Tribunal application 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 5098449 — net $11,685.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,164.28	Rent arrears
Rubbish removal: including removal of car port structure	$2,781.50	Rubbish removal: including removal of car port structure
Repairs: to secure premises and replace external doors	$1,562.34	Repairs: to secure premises and replace external doors
Repairs: bath, walls, internal doors, glass, kitchen	$5,500.00	Repairs: bath, walls, internal doors, glass, kitchen
Repairs: Carpet & Vinyl	$650.00	Repairs: Carpet & Vinyl
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,685.12
Total payable by Tenant to Landlord	$11,685.12

Claims and awards for application 5098449 — net $11,685.12 NZD. Verify on MoJ.

Rent arrears

Amount: $1,164.28
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal: including removal of car port structure

Amount: $2,781.50
Awarded to: Landlord
Reason: Rubbish removal: including removal of car port structure

Repairs: to secure premises and replace external doors

Amount: $1,562.34
Awarded to: Landlord
Reason: Repairs: to secure premises and replace external doors

Repairs: bath, walls, internal doors, glass, kitchen

Amount: $5,500.00
Awarded to: Landlord
Reason: Repairs: bath, walls, internal doors, glass, kitchen

Repairs: Carpet & Vinyl

Amount: $650.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Rubbish Removal

Order

Chloe Tania Maxwell must pay Vision Property Management Ltd As Agent For John & Kyllie Moody $11,685.12 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$1,164.28 Rubbish removal: including removal of car port structure$2,781.50 Repairs: to secure premises and replace external doors$1,562.34 Repairs: bath, walls, internal doors, glass, kitchen$5,500.00 Repairs: Carpet & Vinyl$650.00 Filing fee reimbursement$27.00 Total award$11,685.12 Total payable by Tenant to Landlord$11,685.12

Reasons

A representative of the landlord attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 16 October 2024. The landlord provided rent records which prove the amount 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.
The tenant did not remove all rubbish. The landlord provided photographs and receipts to prove this aspect of its claim.

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 following damage was caused during the tenancy: bath stained with dye, carpet and vinyl stained, holes in walls and doors, external doors removed, windows broken, kitchen cupboards broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided ingoing and outgoing photographs to prove the damage. The landlord also provided evidence of the repair costs. The costs were not itemised. However, I am satisfied that each item listed was a discrete incident of damage which occurred during the tenancy and which is being repaired.
I have taken into account depreciation. In doing so, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. The floor coverings appear to be at the end of their useful lifespan, so I have awarded 10% of the amount claimed. I have also allowed depreciation to the other repairs, having regard to the age and condition of the bath, kitchen cabinets and walls.
As the landlord was substantially successful, I have also awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5098449 — Property damage at Unit/Flat 1, 395 Linwood Avenue, Bromley, Christchurch

At a glance

Tenancy Tribunal case 5098449 — Property damage at Unit/Flat 1, 395 Linwood Avenue, Bromley, Christchurch

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