What was the outcome of Tenancy Tribunal case 4591690?

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

How much money was awarded in case 4591690?

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 4591690?

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

Where can I read the official tribunal order for case 4591690?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9203086-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4591690?

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

How much money was awarded in case 4591690?

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 4591690?

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

Where can I read the official tribunal order for case 4591690?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9203086-Tenancy_Tribunal_Order.pdf.

12 Ranui Street, Hei Hei, Christchurch 8042 Tenancy Tribunal Case 4591690 — Property damage

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Caleb Brandon Akurangi must pay Results Realty Limited as agent for Dimin An & Xiaoqing Ji $10,160.45 immediately, calculated as shown in table below: 3.
The Bond Centre is to pay the bond of $1,800.00 (5909630-005) to Results Realty Limited as agent for Dimin An & Xiaoqing Ji immediately.

Reasons

Ms Youngman represented the landlord. The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 8 May 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 and tidy and did not remove all rubbish. The amount of rubbish that had to be removed was considerable.
The tenant did not return all the keys.
The landlord had to replace light bulbs.
The amounts ordered are proved by invoices and photos and by evidence given by Ms Youngman at the hearing.

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 Parties copy – Not for Publication 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: there were more than 50 holes in the walls, mostly in the sleepout; door and drawer handles were broken; curtains, binds and tracks were damaged; and a window was broken.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by invoices and photos and by the evidence Ms Youngman gave at the hearing.
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.
Caleb Brandon Akurangi must pay Results Realty Limited as agent for Dimin An & Xiaoqing Ji $10,160.45 immediately, calculated as shown in table below: 3.
The Bond Centre is to pay the bond of $1,800.00 (5909630-005) to Results Realty Limited as agent for Dimin An & Xiaoqing Ji immediately.

Reasons

Ms Youngman represented the landlord. The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 8 May 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 and tidy and did not remove all rubbish. The amount of rubbish that had to be removed was considerable.
The tenant did not return all the keys.
The landlord had to replace light bulbs.
The amounts ordered are proved by invoices and photos and by evidence given by Ms Youngman at the hearing.

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 Parties copy – Not for Publication 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: there were more than 50 holes in the walls, mostly in the sleepout; door and drawer handles were broken; curtains, binds and tracks were damaged; and a window was broken.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by invoices and photos and by the evidence Ms Youngman gave at the hearing.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 4591690 — Property damage at 12 Ranui Street, Hei Hei, Christchurch 8042

Tenancy Tribunal case 4591690 — Property damage at 12 Ranui Street, Hei Hei, Christchurch 8042

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