What was the outcome of Tenancy Tribunal case 5117988?

The tribunal order states: Andrew Joblin must pay Otautahi Community Housing Trust $1,242.99

How much money was awarded in case 5117988?

Cleaning: $86.25 awarded to landlord; Cleaning: $345.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $316.70 awarded to landlord; Property Damage: $172.50 awarded to landlord; Replace Furnishings: Bin: $109.00 awarded to landlord; Rubbish Removal: $458.54 awarded to landlord

What type of tenancy dispute was case 5117988?

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

Where can I read the official tribunal order for case 5117988?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11559176-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5117988?

The tribunal order states: Andrew Joblin must pay Otautahi Community Housing Trust $1,242.99

How much money was awarded in case 5117988?

Cleaning: $86.25 awarded to landlord; Cleaning: $345.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $316.70 awarded to landlord; Property Damage: $172.50 awarded to landlord; Replace Furnishings: Bin: $109.00 awarded to landlord; Rubbish Removal: $458.54 awarded to landlord

What type of tenancy dispute was case 5117988?

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

Where can I read the official tribunal order for case 5117988?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11559176-Tenancy_Tribunal_Order.pdf.

Unit/Flat 14, 76 Palmers Road, New Brighton, Christchurch Tenancy Tribunal Case 5117988 — Property damage

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Unit/Flat 14, 76 Palmers Road, New Brighton, Christchurch Tenancy Tribunal Case 5117988 — 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 5117988 — net $1,242.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: Bin	$109.00	Replace furnishings: Bin
Oven/stove cleaning	$86.25	Oven/stove cleaning
Window repairs	$316.70	Window repairs
Lock/key replacement	$172.50	Lock/key replacement
Rubbish removal	$458.54	Rubbish removal
Cleaning	$345.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,242.99
Total payable by Tenant to Landlord	$1,242.99

Claims and awards for application 5117988 — net $1,242.99 NZD. Verify on MoJ.

Replace furnishings: Bin

Amount: $109.00
Awarded to: Landlord
Reason: Replace furnishings: Bin

Oven/stove cleaning

Amount: $86.25
Awarded to: Landlord
Reason: Oven/stove cleaning

Window repairs

Amount: $316.70
Awarded to: Landlord
Reason: Window repairs

Lock/key replacement

Amount: $172.50
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $458.54
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Andrew Joblin must pay Otautahi Community Housing Trust $1,242.99 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $272.00 (5671577-005) to Otautahi Community Housing Trust immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
This tenancy commenced on 17 December 2019 and ended 22 October 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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The oven required a deep clean. The landlord evidenced the above with a series of photographs and established the loss via invoices. The amounts ordered are as claimed.
The tenant did not return the keys and the lock required replacement.
The rubbish bin was missing at the end of the tenancy. A replacement costs of $109.00 was established via an invoice.
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 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.
A door glass pane was discovered at the end of the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Photos were provided of the broken window. The invoiced claim of $316.70 is awarded. Filing fee
Because Otautahi Community Housing Trust has wholly succeeded with the claim I must reimburse the filing 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 5117988 — net $1,242.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: Bin	$109.00	Replace furnishings: Bin
Oven/stove cleaning	$86.25	Oven/stove cleaning
Window repairs	$316.70	Window repairs
Lock/key replacement	$172.50	Lock/key replacement
Rubbish removal	$458.54	Rubbish removal
Cleaning	$345.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,242.99
Total payable by Tenant to Landlord	$1,242.99

Claims and awards for application 5117988 — net $1,242.99 NZD. Verify on MoJ.

Replace furnishings: Bin

Amount: $109.00
Awarded to: Landlord
Reason: Replace furnishings: Bin

Oven/stove cleaning

Amount: $86.25
Awarded to: Landlord
Reason: Oven/stove cleaning

Window repairs

Amount: $316.70
Awarded to: Landlord
Reason: Window repairs

Lock/key replacement

Amount: $172.50
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $458.54
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Andrew Joblin must pay Otautahi Community Housing Trust $1,242.99 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $272.00 (5671577-005) to Otautahi Community Housing Trust immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
This tenancy commenced on 17 December 2019 and ended 22 October 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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The oven required a deep clean. The landlord evidenced the above with a series of photographs and established the loss via invoices. The amounts ordered are as claimed.
The tenant did not return the keys and the lock required replacement.
The rubbish bin was missing at the end of the tenancy. A replacement costs of $109.00 was established via an invoice.
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 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.
A door glass pane was discovered at the end of the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Photos were provided of the broken window. The invoiced claim of $316.70 is awarded. Filing fee
Because Otautahi Community Housing Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5117988 — Property damage at Unit/Flat 14, 76 Palmers Road, New Brighton, Christchurch

At a glance

Tenancy Tribunal case 5117988 — Property damage at Unit/Flat 14, 76 Palmers Road, New Brighton, Christchurch

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