What was the outcome of Tenancy Tribunal case 4546438?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4546438?

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 4546438?

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

Where can I read the official tribunal order for case 4546438?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9185087-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4546438?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4546438?

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 4546438?

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

Where can I read the official tribunal order for case 4546438?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9185087-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 1036 Colombo Street, St Albans, Christchurch Tenancy Tribunal Case 4546438 — Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Joanna Michelle Link must pay Lanwayke Property Management Limited $2,773.33 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,940.00 (6442211-011) and the proceeds from the sale of the tenant’s bed ($386.00) to Lanwayke Property Management Limited immediately.
The application for the cost of a methamphetamine test is dismissed.

Reasons

Mr Hawke represented the landlord. The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond and the proceeds from the sale of a bed, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy was a fixed term tenancy until 15 October 2023. The tenant left the tenancy before the term of the tenancy had expired. A new tenancy started on 14 February 2023. The tenant is liable for rent until 13 February 2023.
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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean. The landlord incurred costs for cleaning.
The tenant left the fixed term tenancy before the term of the tenancy had expired. The landlord incurred costs finding a new tenant including advertising, credit checks and the landlord’s time. I have awarded the landlord compensation for this.
The waste disposal unit was blocked. The landlord obtained a quote to repair it but chose the option of removing the unit (which was more expensive). I have awarded compensation based on the quoted repair price, being the lesser cost.
The following chattels were missing at the end of the tenancy: kitchen drawer lining mats supplied at the start of the tenancy were missing and had to be replaced.
The amounts ordered are proved by invoices and photos and by the evidence given by Mr Hawke at the hearing. Proceeds from sale
The landlord sold a bed left at the premises by the tenant and sent the net proceeds of the sale ($386.00) to the Bond Centre. That amount has been added to the bond of $1,940.00, so a total of $2,326.00 has been deducted from the amounts awarded to the landlord.

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 occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: an upstairs wall between the ensuite bathroom and the bedroom was damaged and had to be repaired. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered for the repair of damage to the wall is proved by an invoice and photos.
I have dismissed the claim for the cost of methamphetamine testing ($152.98). The test was not required due to any tenant breach and cannot be claimed against the tenant. The test did not show the presence of any methamphetamine to a level that would establish contamination.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Joanna Michelle Link must pay Lanwayke Property Management Limited $2,773.33 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,940.00 (6442211-011) and the proceeds from the sale of the tenant’s bed ($386.00) to Lanwayke Property Management Limited immediately.
The application for the cost of a methamphetamine test is dismissed.

Reasons

Mr Hawke represented the landlord. The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond and the proceeds from the sale of a bed, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy was a fixed term tenancy until 15 October 2023. The tenant left the tenancy before the term of the tenancy had expired. A new tenancy started on 14 February 2023. The tenant is liable for rent until 13 February 2023.
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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean. The landlord incurred costs for cleaning.
The tenant left the fixed term tenancy before the term of the tenancy had expired. The landlord incurred costs finding a new tenant including advertising, credit checks and the landlord’s time. I have awarded the landlord compensation for this.
The waste disposal unit was blocked. The landlord obtained a quote to repair it but chose the option of removing the unit (which was more expensive). I have awarded compensation based on the quoted repair price, being the lesser cost.
The following chattels were missing at the end of the tenancy: kitchen drawer lining mats supplied at the start of the tenancy were missing and had to be replaced.
The amounts ordered are proved by invoices and photos and by the evidence given by Mr Hawke at the hearing. Proceeds from sale
The landlord sold a bed left at the premises by the tenant and sent the net proceeds of the sale ($386.00) to the Bond Centre. That amount has been added to the bond of $1,940.00, so a total of $2,326.00 has been deducted from the amounts awarded to the landlord.

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 occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: an upstairs wall between the ensuite bathroom and the bedroom was damaged and had to be repaired. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered for the repair of damage to the wall is proved by an invoice and photos.
I have dismissed the claim for the cost of methamphetamine testing ($152.98). The test was not required due to any tenant breach and cannot be claimed against the tenant. The test did not show the presence of any methamphetamine to a level that would establish contamination.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 4546438 — Rent arrears at Unit/Flat 2, 1036 Colombo Street, St Albans, Christchurch

Tenancy Tribunal case 4546438 — Rent arrears at Unit/Flat 2, 1036 Colombo Street, St Albans, Christchurch

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