What was Tenancy Tribunal case 4652409 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4652409?

Filing Fee: $20.44 awarded to landlord; Property Damage: $375.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Rent Arrears: $290.57 awarded to landlord; Rubbish Removal: $517.50 awarded to landlord

What type of tenancy dispute was case 4652409?

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

Where can I read the official tribunal order for case 4652409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9535823-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4652409 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4652409?

Filing Fee: $20.44 awarded to landlord; Property Damage: $375.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Rent Arrears: $290.57 awarded to landlord; Rubbish Removal: $517.50 awarded to landlord

What type of tenancy dispute was case 4652409?

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

Where can I read the official tribunal order for case 4652409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9535823-Tribunal_Order_Redacted.pdf.

9 Lyall Place, Bryndwr, Christchurch 8053 Tenancy Tribunal Case 4652409 — Property damage

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9 Lyall Place, Bryndwr, Christchurch 8053 Tenancy Tribunal Case 4652409 — 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 4652409 — net $2,703.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$290.57	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lock/key replacement	$375.00	Lock/key replacement
Rubbish removal and Cleaning	$517.50	Rubbish removal and Cleaning
Repairs	$1,500.00	Repairs
Net award	$2,703.51
Total payable by Tenant to Landlord	$2,703.51

Claims and awards for application 4652409 — net $2,703.51 NZD. Verify on MoJ.

Rent arrears

Amount: $290.57
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Lock/key replacement

Amount: $375.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal and Cleaning

Amount: $517.50
Awarded to: Landlord
Reason: Rubbish removal and Cleaning

Repairs

Amount: $1,500.00
Awarded to: Landlord
Reason: Repairs

Dismissed claims

The Quotation Fee From TC House Serv… — as this is not a reasonably foreseeable cost which should be passed on to the tenant.

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Trevor Bradley Mackie (PRN 80740264) must pay [The landlord/s] $2,703.51 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant’s mother attended on behalf of the tenant.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 21 July 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that this amount is payable by the tenant.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. 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 tenant did not return the full set of keys which were provided at the start of the tenancy.
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 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 landlord provided entry and exit photographs in support of the claim for damage compensation.
The landlord claims that the tenant is responsible for damage to the kitchen cabinet door, the kitchen door, various walls and a wardrobe. I have also carefully considered the quotation provided by TC House Service Limited. Whilst I accept that the tenant did not leave the premises in an acceptable state I am not satisfied that the photographic evidence supports the full damage quotation as claimed by the landlord. I therefore order a reduced amount to reflect the evidence provided.
The compensation for damage as ordered is more than fair wear and tear.
The amounts ordered are proved.
The landlord’s claim for the quotation fee from TC House Service Limited is dismissed as this is not a reasonably foreseeable cost which should be passed on to the tenant.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

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 4652409 — net $2,703.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$290.57	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lock/key replacement	$375.00	Lock/key replacement
Rubbish removal and Cleaning	$517.50	Rubbish removal and Cleaning
Repairs	$1,500.00	Repairs
Net award	$2,703.51
Total payable by Tenant to Landlord	$2,703.51

Claims and awards for application 4652409 — net $2,703.51 NZD. Verify on MoJ.

Rent arrears

Amount: $290.57
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Lock/key replacement

Amount: $375.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal and Cleaning

Amount: $517.50
Awarded to: Landlord
Reason: Rubbish removal and Cleaning

Repairs

Amount: $1,500.00
Awarded to: Landlord
Reason: Repairs

Dismissed claims

The Quotation Fee From TC House Serv… — as this is not a reasonably foreseeable cost which should be passed on to the tenant.

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Trevor Bradley Mackie (PRN 80740264) must pay [The landlord/s] $2,703.51 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant’s mother attended on behalf of the tenant.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 21 July 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that this amount is payable by the tenant.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. 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 tenant did not return the full set of keys which were provided at the start of the tenancy.
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 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 landlord provided entry and exit photographs in support of the claim for damage compensation.
The landlord claims that the tenant is responsible for damage to the kitchen cabinet door, the kitchen door, various walls and a wardrobe. I have also carefully considered the quotation provided by TC House Service Limited. Whilst I accept that the tenant did not leave the premises in an acceptable state I am not satisfied that the photographic evidence supports the full damage quotation as claimed by the landlord. I therefore order a reduced amount to reflect the evidence provided.
The compensation for damage as ordered is more than fair wear and tear.
The amounts ordered are proved.
The landlord’s claim for the quotation fee from TC House Service Limited is dismissed as this is not a reasonably foreseeable cost which should be passed on to the tenant.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Tenancy Tribunal case 4652409 — Property damage at 9 Lyall Place, Bryndwr, Christchurch 8053

At a glance

Tenancy Tribunal case 4652409 — Property damage at 9 Lyall Place, Bryndwr, Christchurch 8053

At a glance

Award balance

Claims & awards

Dismissed claims

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions