What was the outcome of Tenancy Tribunal case 4583469?

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

How much money was awarded in case 4583469?

Cleaning: $182.50 awarded to landlord; Cleaning: $132.83 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Carpet: $230.00 awarded to landlord; Wall: $200.00 awarded to landlord; Rubbish Removal: $166.75 awarded to landlord

What type of tenancy dispute was case 4583469?

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

Where can I read the official tribunal order for case 4583469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9266163-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4583469?

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

How much money was awarded in case 4583469?

Cleaning: $182.50 awarded to landlord; Cleaning: $132.83 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Carpet: $230.00 awarded to landlord; Wall: $200.00 awarded to landlord; Rubbish Removal: $166.75 awarded to landlord

What type of tenancy dispute was case 4583469?

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

Where can I read the official tribunal order for case 4583469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9266163-Tenancy_Tribunal_Order.pdf.

428 Pages Road, Aranui, Christchurch 8061 Tenancy Tribunal Case 4583469 — Property damage

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428 Pages Road, Aranui, Christchurch 8061 Tenancy Tribunal Case 4583469 — 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 4583469 — net $932.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$132.83	Cleaning
Carpet Cleaning	$182.50	Carpet Cleaning
Rubbish removal	$166.75	Rubbish removal
Repairs: Carpet	$230.00	Repairs: Carpet
Repairs: Wall	$200.00	Repairs: Wall
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$932.52
Bond	$1,316.00
Total payable by Tenant to Landlord	$932.52

Claims and awards for application 4583469 — net $932.52 NZD. Verify on MoJ.

Cleaning

Amount: $132.83
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $182.50
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $166.75
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Carpet

Amount: $230.00
Awarded to: Landlord
Reason: Repairs: Carpet

Repairs: Wall

Amount: $200.00
Awarded to: Landlord
Reason: Repairs: Wall

Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Ben Job Waitohi to pay Braziers Limited as Agent for Ramon Glauser $932.52 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,316.00 (5664810-021) immediately apportioned as follows: Braziers Limited as Agent for Ramon Glauser: $932.52 Ben Job Waitohi: $383.48

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, 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) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs and receipts for costs incurred.
Mr Waitohi said that tyres removed from the property had been there at the start of the tenancy. However, I cannot identify them in photographs from the start of the tenancy.
The costs claimed are modest, having regard to the cleanliness of the property at the end of the tenancy. The amounts awarded 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.
The following damage was caused during the tenancy: a paint spill on some carpet and wall damage caused by the tenant’s attempt to patch a crack in the wall. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided in-going and outgoing photographs and receipts for costs incurred. The claim for carpet repair is proved.
I have not awarded the full amount claimed for wall repair as the invoice includes “large holes”, whereas the photograph the landlord relied on was for a defective crack repair by the tenant. Mr Waitohi said that he had repaired the crack but it was caused by a leak that the landlord was responsible for. If that was so, he should have advised the landlord of the need for repair rather than carrying out a substandard job himself. I award $200 for wall repairs.
As the landlord was substantially successful, I have awarded reimbursement of 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 4583469 — net $932.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$132.83	Cleaning
Carpet Cleaning	$182.50	Carpet Cleaning
Rubbish removal	$166.75	Rubbish removal
Repairs: Carpet	$230.00	Repairs: Carpet
Repairs: Wall	$200.00	Repairs: Wall
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$932.52
Bond	$1,316.00
Total payable by Tenant to Landlord	$932.52

Claims and awards for application 4583469 — net $932.52 NZD. Verify on MoJ.

Cleaning

Amount: $132.83
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $182.50
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $166.75
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Carpet

Amount: $230.00
Awarded to: Landlord
Reason: Repairs: Carpet

Repairs: Wall

Amount: $200.00
Awarded to: Landlord
Reason: Repairs: Wall

Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Ben Job Waitohi to pay Braziers Limited as Agent for Ramon Glauser $932.52 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,316.00 (5664810-021) immediately apportioned as follows: Braziers Limited as Agent for Ramon Glauser: $932.52 Ben Job Waitohi: $383.48

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, 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) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs and receipts for costs incurred.
Mr Waitohi said that tyres removed from the property had been there at the start of the tenancy. However, I cannot identify them in photographs from the start of the tenancy.
The costs claimed are modest, having regard to the cleanliness of the property at the end of the tenancy. The amounts awarded 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.
The following damage was caused during the tenancy: a paint spill on some carpet and wall damage caused by the tenant’s attempt to patch a crack in the wall. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided in-going and outgoing photographs and receipts for costs incurred. The claim for carpet repair is proved.
I have not awarded the full amount claimed for wall repair as the invoice includes “large holes”, whereas the photograph the landlord relied on was for a defective crack repair by the tenant. Mr Waitohi said that he had repaired the crack but it was caused by a leak that the landlord was responsible for. If that was so, he should have advised the landlord of the need for repair rather than carrying out a substandard job himself. I award $200 for wall repairs.
As the landlord was substantially successful, I have awarded reimbursement of the filing fee.

Tenancy Tribunal case 4583469 — Property damage at 428 Pages Road, Aranui, Christchurch 8061

At a glance

Tenancy Tribunal case 4583469 — Property damage at 428 Pages Road, Aranui, Christchurch 8061

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