What was Tenancy Tribunal case 4579269 about?

The tribunal order states: Taylor Samuel Dickman must pay Braziers Limited as Agent for Gaye Louise

How much money was awarded in case 4579269?

Filing Fee: $20.44 awarded to landlord; Garage Remote: $184.00 awarded to landlord; Previous Order Application 4469182 D…: $3,734.73 awarded to landlord; Property Damage: $211.43 awarded to landlord; Property Damage: $325.65 awarded to landlord; Rent Arrears: $628.57 awarded to landlord; Rubbish Removal: $748.66 awarded to landlord; Towel Rail: $300.00 awarded to landlord; Warrant Of Possession: $200.00 awarded to landlord

What type of tenancy dispute was case 4579269?

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

Where can I read the official tribunal order for case 4579269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9322770-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4579269 about?

The tribunal order states: Taylor Samuel Dickman must pay Braziers Limited as Agent for Gaye Louise

How much money was awarded in case 4579269?

Filing Fee: $20.44 awarded to landlord; Garage Remote: $184.00 awarded to landlord; Previous Order Application 4469182 D…: $3,734.73 awarded to landlord; Property Damage: $211.43 awarded to landlord; Property Damage: $325.65 awarded to landlord; Rent Arrears: $628.57 awarded to landlord; Rubbish Removal: $748.66 awarded to landlord; Towel Rail: $300.00 awarded to landlord; Warrant Of Possession: $200.00 awarded to landlord

What type of tenancy dispute was case 4579269?

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

Where can I read the official tribunal order for case 4579269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9322770-Tribunal_Order_Redacted.pdf.

Unit 2, 359 Hereford Street, Linwood, Christchurch 8011 Tenancy Tribunal Case 4579269 — Rent arrears

Tenantcheck Insights

Unit 2, 359 Hereford Street, Linwood, Christchurch 8011 Tenancy Tribunal Case 4579269 — Rent arrears | 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 4579269 — net $6,353.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 14 February 2023 to 24 February 2023 (11 days	$628.57	Rent arrears 14 February 2023 to 24 February 2023 (11 days
Previous order application 4469182 dated 13 February 2023	$3,734.73	Previous order application 4469182 dated 13 February 2023
Window repairs	$211.43	Window repairs
Garage remote	$184.00	Garage remote
Lock/key replacement	$325.65	Lock/key replacement
Rubbish removal	$748.66	Rubbish removal
Towel rail	$300.00	Towel rail
Warrant of possession	$200.00	Warrant of possession
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,353.48
Total payable by Tenant to Landlord	$6,353.48

Claims and awards for application 4579269 — net $6,353.48 NZD. Verify on MoJ.

Rent arrears 14 February 2023 to 24 February 2023 (11 days

Amount: $628.57
Awarded to: Landlord
Reason: Rent arrears 14 February 2023 to 24 February 2023 (11 days

Previous order application 4469182 dated 13 February 2023

Amount: $3,734.73
Awarded to: Landlord
Reason: Previous order application 4469182 dated 13 February 2023

Window repairs

Amount: $211.43
Awarded to: Landlord
Reason: Window repairs

Garage remote

Amount: $184.00
Awarded to: Landlord
Reason: Garage remote

Lock/key replacement

Amount: $325.65
Awarded to: Landlord
Reason

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Taylor Samuel Dickman must pay Braziers Limited as Agent for Gaye Louise Harry Trustee of the Gaye Harry Family Trust $6,353.48 immediately, calculated as shown in the table below.
The claims relating to [Redacted] and all other claims are dismissed.
All references to [Redacted] in this order are suppressed.

Reasons

Both parties attended the hearing. Ms Holdem and Mr Peterson represented the landlord, Ms Harry, who also attended.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy ended on 24 February 2023 when the tenant was evicted under a warrant of possession.
The Tribunal made an order against the tenant on 13 February 2023 under application number 4469182 for rent arrears in the sum of $3,734.73 to the date of the order. The bond was ordered to be paid to the landlord. That order has been incorporated in this order for enforcement purposes.
The rent arrears ordered above are for the period 14 February to 24 February 2023.
The tenant accepted the rent claim. He said that he intends making a claim against the landlord based on [Redacted]. I explained that if he made a successful claim against the landlord, it would not affect his liability for rent but any money award in his favour would be set off against his liability under this order. The Tenant’s Other Obligations
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish and return all keys and security devices.
The tenant must not carelessly or intentionally damage 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.
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).
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).
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.
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.
The applicant is required to establish claims to the civil law standard of proof, on the balance of probabilities, which means that the facts needed to prove the claims are more likely than not to be true.
The standard of proof needed does not change because the alleged breach also constitutes a criminal offence. But the more serious the allegation, the better the evidence needs to be to reach the standard of proof. That is because the more serious or extreme the allegation, the less likely, inherently, it is to be true. Claims
The tenant accepted the claims for the garage remote, lock changing, rubbish removal and the court fee for the warrant of possession. The court fee is recoverable under the order for possession, but I have added to this order for convenience of enforcement. Broken Window
An upper storey window was damaged during the tenancy. The tenant said that neighbours were involved in an altercation, and one of them threw an object at the window causing the damage.
The landlords disputed that. They said that the tenant did not report the incident, and only mentioned it at the end of the tenancy. They also pointed to the glazier’s invoice that records that the window was broken from the inside.
I am not satisfied that the tenant has disproved liability for the damaged window. His explanation is inherently unlikely. It was not explained why a neighbour would throw an object at the window and there was no corroborating evidence that the incident was reported. I therefore find the claim proved. [Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted] Other Claims
The invoice for painting includes other claims. I accept the claim for the broken towel rail. The tenant accepted that it broke during the tenancy, and I find that it was careless damage. I have assessed the cost of replacing and installing it at $300.
The other claims were not proved. The evidence of damage to the kitchen vinyl was unsatisfactory. The outgoing photographs did not show the alleged damage clearly and there was already some damage to it recorded in the ingoing report.
The missing wheels on the shower door were at least as likely to be the result of fair wear and tear as the result of careless damage. Filing Fee
The landlord has had substantial success and so I have awarded them the filing fee. Suppression
Because the [Redacted] claims have not been proved, and [Redacted], I have ordered suppression of any reference to [Redacted] in this order.

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 4579269 — net $6,353.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 14 February 2023 to 24 February 2023 (11 days	$628.57	Rent arrears 14 February 2023 to 24 February 2023 (11 days
Previous order application 4469182 dated 13 February 2023	$3,734.73	Previous order application 4469182 dated 13 February 2023
Window repairs	$211.43	Window repairs
Garage remote	$184.00	Garage remote
Lock/key replacement	$325.65	Lock/key replacement
Rubbish removal	$748.66	Rubbish removal
Towel rail	$300.00	Towel rail
Warrant of possession	$200.00	Warrant of possession
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,353.48
Total payable by Tenant to Landlord	$6,353.48

Claims and awards for application 4579269 — net $6,353.48 NZD. Verify on MoJ.

Rent arrears 14 February 2023 to 24 February 2023 (11 days

Amount: $628.57
Awarded to: Landlord
Reason: Rent arrears 14 February 2023 to 24 February 2023 (11 days

Previous order application 4469182 dated 13 February 2023

Amount: $3,734.73
Awarded to: Landlord
Reason: Previous order application 4469182 dated 13 February 2023

Window repairs

Amount: $211.43
Awarded to: Landlord
Reason: Window repairs

Garage remote

Amount: $184.00
Awarded to: Landlord
Reason: Garage remote

Lock/key replacement

Amount: $325.65
Awarded to: Landlord
Reason

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Taylor Samuel Dickman must pay Braziers Limited as Agent for Gaye Louise Harry Trustee of the Gaye Harry Family Trust $6,353.48 immediately, calculated as shown in the table below.
The claims relating to [Redacted] and all other claims are dismissed.
All references to [Redacted] in this order are suppressed.

Reasons

Both parties attended the hearing. Ms Holdem and Mr Peterson represented the landlord, Ms Harry, who also attended.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy ended on 24 February 2023 when the tenant was evicted under a warrant of possession.
The Tribunal made an order against the tenant on 13 February 2023 under application number 4469182 for rent arrears in the sum of $3,734.73 to the date of the order. The bond was ordered to be paid to the landlord. That order has been incorporated in this order for enforcement purposes.
The rent arrears ordered above are for the period 14 February to 24 February 2023.
The tenant accepted the rent claim. He said that he intends making a claim against the landlord based on [Redacted]. I explained that if he made a successful claim against the landlord, it would not affect his liability for rent but any money award in his favour would be set off against his liability under this order. The Tenant’s Other Obligations
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish and return all keys and security devices.
The tenant must not carelessly or intentionally damage 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.
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).
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).
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.
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.
The applicant is required to establish claims to the civil law standard of proof, on the balance of probabilities, which means that the facts needed to prove the claims are more likely than not to be true.
The standard of proof needed does not change because the alleged breach also constitutes a criminal offence. But the more serious the allegation, the better the evidence needs to be to reach the standard of proof. That is because the more serious or extreme the allegation, the less likely, inherently, it is to be true. Claims
The tenant accepted the claims for the garage remote, lock changing, rubbish removal and the court fee for the warrant of possession. The court fee is recoverable under the order for possession, but I have added to this order for convenience of enforcement. Broken Window
An upper storey window was damaged during the tenancy. The tenant said that neighbours were involved in an altercation, and one of them threw an object at the window causing the damage.
The landlords disputed that. They said that the tenant did not report the incident, and only mentioned it at the end of the tenancy. They also pointed to the glazier’s invoice that records that the window was broken from the inside.
I am not satisfied that the tenant has disproved liability for the damaged window. His explanation is inherently unlikely. It was not explained why a neighbour would throw an object at the window and there was no corroborating evidence that the incident was reported. I therefore find the claim proved. [Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted] Other Claims
The invoice for painting includes other claims. I accept the claim for the broken towel rail. The tenant accepted that it broke during the tenancy, and I find that it was careless damage. I have assessed the cost of replacing and installing it at $300.
The other claims were not proved. The evidence of damage to the kitchen vinyl was unsatisfactory. The outgoing photographs did not show the alleged damage clearly and there was already some damage to it recorded in the ingoing report.
The missing wheels on the shower door were at least as likely to be the result of fair wear and tear as the result of careless damage. Filing Fee
The landlord has had substantial success and so I have awarded them the filing fee. Suppression
Because the [Redacted] claims have not been proved, and [Redacted], I have ordered suppression of any reference to [Redacted] in this order.

Tenancy Tribunal case 4579269 — Rent arrears at Unit 2, 359 Hereford Street, Linwood, Christchurch 8011

At a glance

Tenancy Tribunal case 4579269 — Rent arrears at Unit 2, 359 Hereford Street, Linwood, Christchurch 8011

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions