What was the outcome of Tenancy Tribunal case 5236012?

The tribunal order states: Rhylee Rynan Shearer-Orr must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5236012?

Cleaning: $673.97 awarded to landlord; Pest Control: $143.49 awarded to landlord; Walls and Doors: $2,040.03 awarded to landlord

What type of tenancy dispute was case 5236012?

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

Where can I read the official tribunal order for case 5236012?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11991557-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5236012?

The tribunal order states: Rhylee Rynan Shearer-Orr must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5236012?

Cleaning: $673.97 awarded to landlord; Pest Control: $143.49 awarded to landlord; Walls and Doors: $2,040.03 awarded to landlord

What type of tenancy dispute was case 5236012?

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

Where can I read the official tribunal order for case 5236012?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11991557-Tenancy_Tribunal_Order.pdf.

Unit/Flat 6, 37 Aldwins Road, Phillipstown, Christchurch Tenancy Tribunal Case 5236012 — Property damage

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Unit/Flat 6, 37 Aldwins Road, Phillipstown, Christchurch Tenancy Tribunal Case 5236012 — 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 5236012 — net $2,857.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: (including oven	$673.97	Cleaning: (including oven
Pest control	$143.49	Pest control
Repairs: Walls and doors	$2,040.03	Repairs: Walls and doors
Net award	$2,857.49
Total payable by Tenant to Landlord	$2,857.49

Claims and awards for application 5236012 — net $2,857.49 NZD. Verify on MoJ.

Cleaning: (including oven

Amount: $673.97
Awarded to: Landlord
Reason: Cleaning: (including oven

Pest control

Amount: $143.49
Awarded to: Landlord
Reason: Pest control

Repairs: Walls and doors

Amount: $2,040.03
Awarded to: Landlord
Reason: Repairs: Walls and doors

Net award

Landlord $2,857.49

Total payable by Tenant to Landlord

Landlord $2,857.49

Claim types — money lines allowed on this order

Cleanliness Pest Control Property damage

Order

Rhylee Rynan Shearer-Orr must pay Kāinga Ora–Homes And Communities $2,857.49 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing, conducted via teleconference.
The landlord has applied for compensation 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) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy. The tenant confirmed she did not return and clean the premises due to safety concerns after a break in near the end of the tenancy. She accepted the claimed cost of $673.97, which included a deep oven clean.
During the tenancy a pest control treatment was carried out. This was accepted as her cost at the time and part payments since have reduced the amount owing to $143.49 as at today. The balance remaining is awarded.
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 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 tenant accepted that extensive damage to the walls and multiple doors, as evidenced by photographs, were caused during the tenancy. She advised the damage was caused by another person. The damage is clearly intentional with considerable forced required to cause it.
The landlord provided a cost breakdown for the repairs. Again, the tenant accepted responsibility for the damage and for the costs as claimed.
The amounts ordered are proved.

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 5236012 — net $2,857.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: (including oven	$673.97	Cleaning: (including oven
Pest control	$143.49	Pest control
Repairs: Walls and doors	$2,040.03	Repairs: Walls and doors
Net award	$2,857.49
Total payable by Tenant to Landlord	$2,857.49

Claims and awards for application 5236012 — net $2,857.49 NZD. Verify on MoJ.

Cleaning: (including oven

Amount: $673.97
Awarded to: Landlord
Reason: Cleaning: (including oven

Pest control

Amount: $143.49
Awarded to: Landlord
Reason: Pest control

Repairs: Walls and doors

Amount: $2,040.03
Awarded to: Landlord
Reason: Repairs: Walls and doors

Net award

Landlord $2,857.49

Total payable by Tenant to Landlord

Landlord $2,857.49

Claim types — money lines allowed on this order

Cleanliness Pest Control Property damage

Order

Rhylee Rynan Shearer-Orr must pay Kāinga Ora–Homes And Communities $2,857.49 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing, conducted via teleconference.
The landlord has applied for compensation 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) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy. The tenant confirmed she did not return and clean the premises due to safety concerns after a break in near the end of the tenancy. She accepted the claimed cost of $673.97, which included a deep oven clean.
During the tenancy a pest control treatment was carried out. This was accepted as her cost at the time and part payments since have reduced the amount owing to $143.49 as at today. The balance remaining is awarded.
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 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 tenant accepted that extensive damage to the walls and multiple doors, as evidenced by photographs, were caused during the tenancy. She advised the damage was caused by another person. The damage is clearly intentional with considerable forced required to cause it.
The landlord provided a cost breakdown for the repairs. Again, the tenant accepted responsibility for the damage and for the costs as claimed.
The amounts ordered are proved.

Tenancy Tribunal case 5236012 — Property damage at Unit/Flat 6, 37 Aldwins Road, Phillipstown, Christchurch

At a glance

Tenancy Tribunal case 5236012 — Property damage at Unit/Flat 6, 37 Aldwins Road, Phillipstown, 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

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