What was the outcome of Tenancy Tribunal case 5100230?

The tribunal order states: Jane Hillier-More and Brendon James Channings must pay Irelands Real

How much money was awarded in case 5100230?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5100230?

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

Where can I read the official tribunal order for case 5100230?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11470763-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5100230?

The tribunal order states: Jane Hillier-More and Brendon James Channings must pay Irelands Real

How much money was awarded in case 5100230?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5100230?

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

Where can I read the official tribunal order for case 5100230?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11470763-Tenancy_Tribunal_Order.pdf.

19 Horseshoe Lake Road, Shirley, Christchurch 8061 Tenancy Tribunal Case 5100230 — Property damage

Order

Jane Hillier-More and Brendon James Channings must pay Irelands Real Estate Limited as agent for Steve Saunders $7,294.17 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,800.00 (6487496-004) to Irelands Real Estate Limited as agent for Steve Saunders immediately.

Reasons

Ms Oquist represented the landlord. The tenants did not attend the hearing.
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?

The tenancy ended on 12 November 2024. The landlord provided rent records which prove the amount of rent 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
The tenant did not leave the premises, including the lawns and gardens, reasonably clean and tidy and did not remove all rubbish.

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.
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. Walls were damaged where adhesive hooks had been attached but did not remove cleanly.
The tenants installed a cat door in the French doors that had to be removed requiring the glass to be replaced.
One of the tenants damaged part of the exterior of the house and garage by driving a car into it. The tenants’ liability is limited to the amount of the insurance excess.
The carpets, which were relatively new, were soiled with animal urine and had to be replaced. The insurer applied 7 excesses under the owner’s insurance policy as there were 7 areas of damage and therefore 7 events for insurance purposes. The tenants’ liability is limited to the combined amount of the excesses.
The amounts ordered are proved by invoices, photos, a pre-tenancy inspection report, and by the evidence Ms Oquist gave at the hearing.
As the application is successful, the tenants must pay the landlord’s Tribunal filing fee.

Order

Jane Hillier-More and Brendon James Channings must pay Irelands Real Estate Limited as agent for Steve Saunders $7,294.17 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,800.00 (6487496-004) to Irelands Real Estate Limited as agent for Steve Saunders immediately.

Reasons

Ms Oquist represented the landlord. The tenants did not attend the hearing.
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?

The tenancy ended on 12 November 2024. The landlord provided rent records which prove the amount of rent 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
The tenant did not leave the premises, including the lawns and gardens, reasonably clean and tidy and did not remove all rubbish.

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.
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. Walls were damaged where adhesive hooks had been attached but did not remove cleanly.
The tenants installed a cat door in the French doors that had to be removed requiring the glass to be replaced.
One of the tenants damaged part of the exterior of the house and garage by driving a car into it. The tenants’ liability is limited to the amount of the insurance excess.
The carpets, which were relatively new, were soiled with animal urine and had to be replaced. The insurer applied 7 excesses under the owner’s insurance policy as there were 7 areas of damage and therefore 7 events for insurance purposes. The tenants’ liability is limited to the combined amount of the excesses.
The amounts ordered are proved by invoices, photos, a pre-tenancy inspection report, and by the evidence Ms Oquist gave at the hearing.
As the application is successful, the tenants must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 5100230 — Property damage at 19 Horseshoe Lake Road, Shirley, Christchurch 8061

Tenancy Tribunal case 5100230 — Property damage at 19 Horseshoe Lake Road, Shirley, Christchurch 8061

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?

Property management

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?

Property management