What was the outcome of Tenancy Tribunal case 5185692?

The tribunal order states: Teresa Meteana Cole must pay Irelands Real Estate Limited $1,849.18

How much money was awarded in case 5185692?

Filing Fee: $27.00 awarded to landlord; Property Damage: $590.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Rubbish Removal: $292.18 awarded to landlord; Rubbish Removal: $590.00 awarded to landlord

What type of tenancy dispute was case 5185692?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5185692?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11887059-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5185692?

The tribunal order states: Teresa Meteana Cole must pay Irelands Real Estate Limited $1,849.18

How much money was awarded in case 5185692?

Filing Fee: $27.00 awarded to landlord; Property Damage: $590.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Rubbish Removal: $292.18 awarded to landlord; Rubbish Removal: $590.00 awarded to landlord

What type of tenancy dispute was case 5185692?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5185692?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11887059-Tenancy_Tribunal_Order.pdf.

7 Palm Drive, Shirley, Christchurch 8052 Tenancy Tribunal Case 5185692 — Property damage

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7 Palm Drive, Shirley, Christchurch 8052 Tenancy Tribunal Case 5185692 — 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 5185692 — net $1,849.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$590.00	Repairs
Rubbish removal: skip bin	$590.00	Rubbish removal: skip bin
Repairs	$350.00	Repairs
Rubbish removal: dumping cost	$292.18	Rubbish removal: dumping cost
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,849.18
Total payable by Tenant to Landlord	$1,849.18

Claims and awards for application 5185692 — net $1,849.18 NZD. Verify on MoJ.

Repairs

Amount: $590.00
Awarded to: Landlord
Reason: Repairs

Rubbish removal: skip bin

Amount: $590.00
Awarded to: Landlord
Reason: Rubbish removal: skip bin

Repairs

Amount: $350.00
Awarded to: Landlord
Reason: Repairs

Rubbish removal: dumping cost

Amount: $292.18
Awarded to: Landlord
Reason: Rubbish removal: dumping cost

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal

Order

Teresa Meteana Cole must pay Irelands Real Estate Limited $1,849.18 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing represented by Ms Oquist.
The tenant did not attend the video hearing and did not answer the calls made to her phone during the hearing. She had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
The tenancy ended by Tribunal Order 1 under application 5092231 on 4 February 2025.
The landlord now applies for compensation and reimbursement of the filing fee following 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) RTA.
The landlord established in evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. They effectively vacated leaving a household of belongings behind. Ms Oquist made many attempts to contact them for them to remove their items, but they did not respond.
The owner has undertaken a lot of the remedial work herself which has kept the cost passed on to the tenant modest.
Having considered the evidence, I find that the amounts ordered are proven and considered reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to repair large holes in the walls that were found at the end of the tenancy. They had not been noted during routine inspections.
To be successful in such a claim, the 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.
Given the size and nature of the holes I am satisfied that they were more than fair wear and tear, most likely caused intentionally. Accordingly, the tenant is liable for the repair cost. 1 Of 31 January 2025

Should the filing fee be awarded?

Because Irelands Real Estate Limited 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 5185692 — net $1,849.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$590.00	Repairs
Rubbish removal: skip bin	$590.00	Rubbish removal: skip bin
Repairs	$350.00	Repairs
Rubbish removal: dumping cost	$292.18	Rubbish removal: dumping cost
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,849.18
Total payable by Tenant to Landlord	$1,849.18

Claims and awards for application 5185692 — net $1,849.18 NZD. Verify on MoJ.

Repairs

Amount: $590.00
Awarded to: Landlord
Reason: Repairs

Rubbish removal: skip bin

Amount: $590.00
Awarded to: Landlord
Reason: Rubbish removal: skip bin

Repairs

Amount: $350.00
Awarded to: Landlord
Reason: Repairs

Rubbish removal: dumping cost

Amount: $292.18
Awarded to: Landlord
Reason: Rubbish removal: dumping cost

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal

Order

Teresa Meteana Cole must pay Irelands Real Estate Limited $1,849.18 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing represented by Ms Oquist.
The tenant did not attend the video hearing and did not answer the calls made to her phone during the hearing. She had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
The tenancy ended by Tribunal Order 1 under application 5092231 on 4 February 2025.
The landlord now applies for compensation and reimbursement of the filing fee following 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) RTA.
The landlord established in evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. They effectively vacated leaving a household of belongings behind. Ms Oquist made many attempts to contact them for them to remove their items, but they did not respond.
The owner has undertaken a lot of the remedial work herself which has kept the cost passed on to the tenant modest.
Having considered the evidence, I find that the amounts ordered are proven and considered reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to repair large holes in the walls that were found at the end of the tenancy. They had not been noted during routine inspections.
To be successful in such a claim, the 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.
Given the size and nature of the holes I am satisfied that they were more than fair wear and tear, most likely caused intentionally. Accordingly, the tenant is liable for the repair cost. 1 Of 31 January 2025

Should the filing fee be awarded?

Because Irelands Real Estate Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5185692 — Property damage at 7 Palm Drive, Shirley, Christchurch 8052

At a glance

Tenancy Tribunal case 5185692 — Property damage at 7 Palm Drive, Shirley, Christchurch 8052

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?

Should the filing fee be awarded?

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?

Should the filing fee be awarded?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions