What was Tenancy Tribunal case 4659632 about?

The tribunal order states: [The tenant/s] must pay Holmwood Real Estate Limited as agent for

How much money was awarded in case 4659632?

Cleaning: $546.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Interior Painting: $1,718.68 awarded to landlord; Previous Order Application 4602309 D…: $527.58 awarded to landlord; Property Damage: $711.85 awarded to landlord; Property Damage: $303.54 awarded to landlord; Property Damage: $263.68 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Remove Couch: $142.50 awarded to landlord; Remove Items To Garage: $148.35 awarded to landlord; Rubbish Removal: $636.75 awarded to landlord; Smoke Alarms: $140.30 awarded to landlord

What type of tenancy dispute was case 4659632?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4659632?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9569176-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4659632 about?

The tribunal order states: [The tenant/s] must pay Holmwood Real Estate Limited as agent for

How much money was awarded in case 4659632?

Cleaning: $546.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Interior Painting: $1,718.68 awarded to landlord; Previous Order Application 4602309 D…: $527.58 awarded to landlord; Property Damage: $711.85 awarded to landlord; Property Damage: $303.54 awarded to landlord; Property Damage: $263.68 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Remove Couch: $142.50 awarded to landlord; Remove Items To Garage: $148.35 awarded to landlord; Rubbish Removal: $636.75 awarded to landlord; Smoke Alarms: $140.30 awarded to landlord

What type of tenancy dispute was case 4659632?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4659632?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9569176-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 198 Greers Road, Bryndwr, Christchurch 8053 Tenancy Tribunal Case 4659632 — Property damage

Tenantcheck Insights

Unit/Flat 3, 198 Greers Road, Bryndwr, Christchurch 8053 Tenancy Tribunal Case 4659632 — 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 4659632 — net $6,259.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4602309 dated 02/08/2023	$527.58	Previous order application 4602309 dated 02/08/2023
Remove items to garage	$148.35	Remove items to garage
Replace smoke alarm and re-fit new padlock	$140.30	Replace smoke alarm and re-fit new padlock
Rubbish removal	$636.75	Rubbish removal
Remove couch	$142.50	Remove couch
Interior painting	$1,718.68	Interior painting
Cleaning	$546.25	Cleaning
Repairs	$711.85	Repairs
Lock/key replacement	$303.54	Lock/key replacement
Repair damaged window	$263.68	Repair damaged window
Replace broken front door (insurance excess	$550.00	Replace broken front door (insurance excess
Replace garage door motor (insurance excess	$550.00	Replace garage door motor (insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,259.92
Total payable by Tenant to Landlord	$6,259.92

Claims and awards for application 4659632 — net $6,259.92 NZD. Verify on MoJ.

Previous order application 4602309 dated 02/08/2023

Amount: $527.58
Awarded to: Landlord
Reason: Previous order application 4602309 dated 02/08/2023

Remove items to garage

Amount: $148.35
Awarded to: Landlord
Reason: Remove items to garage

Replace smoke alarm and re-fit new padlock

Amount: $140.30
Awarded to: Landlord
Reason: Replace smoke alarm and re-fit new padlock

Rubbish removal

Amount: $636.75
Awarded to: Landlord
Reason: Rubbish removal

Remove couch

Amount: $142.50
Awarded to: Landlord
Reason: Remove couch

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Replace Smoke Alarms

Order

[The tenant/s] must pay Holmwood Real Estate Limited as agent for Kian & Siew $6,259.92 immediately, calculated as shown in table below:
The application for plumbing work (tap replacement) is withdrawn.

Reasons

Both parties attended the hearing. Ms Brown and Ms Hall represented the landlord.
The application named the tenant’s father as a guarantor. He guaranteed the first tenancy but did not sign the renewal of the tenancy so is not a guarantor for the tenancy that started on 20 November 2023. I have removed him as a party.
The tenancy was a fixed term tenancy until 19 November 2023. However, the tenant’s flatmates caused damage to the premises, bullied him, and caused him mental distress. The tenant moved away for a time but did not vacate the tenancy. While he was absent his flatmates were involved in a police incident and much of the damage occurred then. Accepted claims
The tenant accepted many of the landlord’s claim. I have marked those claims with *. Those amounts are awarded by consent. Disputed claims
There are 4 disputed claims – lock/key replacement; the repair of a broken window; the replacement of a damaged front door; and the replacement of the garage door motor. Lock and key replacement
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 did not return the keys at the end of the tenancy. Due to the actions of his flatmates and the involvement of the police, the landlord had to change the locks and keys. The tenant said there was no point returning the keys at that stage.
The tenant is properly liable for the costs the landlord incurred changing the locks. I find this claim proved. Replace/repair window, front door and garage door motor
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.
Here, the damage was either caused, or by their actions, permitted, by the tenant’s flatmates. They were residing at the premises with his consent. He is therefore liable for their actions.
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.
The landlord is insured for tenant damage but has not made any claim. The excess on the insurance policy is $550.00.
The claims for repairing the front door and for replacing the garage door motor are limited to the amount of the insurance excess as the repair costs exceeded the excess in both cases.
The claim for the damage to the window is allowed as claimed since the repair cost was less than the insurance excess.
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 has not provided evidence about the actual actions of the tenant’s flatmates, whether they were charged with criminal offences, or whether, if charged, they committed any imprisonable offence.
I have therefore proceeded on the basis that the damage to the property was careless damage rather than intentional damage which caps the tenant’s liability for the 2 claims that exceed the amount of the insurance excess.
The amounts ordered are proved by invoices and photos and by the evidence Ms Brown and Ms Hall gave at the hearing.
The landlord withdrew a claim for the replacement cost of a kitchen tap. Result
The tenant will pay the landlord $6,259.92. This includes the outstanding balance of the order the Tribunal made on 2 August 2023 as that order has not been enforced.
The tenant should be aware that he can pursue his flatmates for these costs in the Disputes Tribunal since the claims resulted from their actions. But because they were not tenants, he as the sole tenant is liable for their actions.
As the application is successful, I award the landlord the Tribunal filing fee. Name suppression
On my enquiry, neither party sought a name suppression 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 4659632 — net $6,259.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4602309 dated 02/08/2023	$527.58	Previous order application 4602309 dated 02/08/2023
Remove items to garage	$148.35	Remove items to garage
Replace smoke alarm and re-fit new padlock	$140.30	Replace smoke alarm and re-fit new padlock
Rubbish removal	$636.75	Rubbish removal
Remove couch	$142.50	Remove couch
Interior painting	$1,718.68	Interior painting
Cleaning	$546.25	Cleaning
Repairs	$711.85	Repairs
Lock/key replacement	$303.54	Lock/key replacement
Repair damaged window	$263.68	Repair damaged window
Replace broken front door (insurance excess	$550.00	Replace broken front door (insurance excess
Replace garage door motor (insurance excess	$550.00	Replace garage door motor (insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,259.92
Total payable by Tenant to Landlord	$6,259.92

Claims and awards for application 4659632 — net $6,259.92 NZD. Verify on MoJ.

Previous order application 4602309 dated 02/08/2023

Amount: $527.58
Awarded to: Landlord
Reason: Previous order application 4602309 dated 02/08/2023

Remove items to garage

Amount: $148.35
Awarded to: Landlord
Reason: Remove items to garage

Replace smoke alarm and re-fit new padlock

Amount: $140.30
Awarded to: Landlord
Reason: Replace smoke alarm and re-fit new padlock

Rubbish removal

Amount: $636.75
Awarded to: Landlord
Reason: Rubbish removal

Remove couch

Amount: $142.50
Awarded to: Landlord
Reason: Remove couch

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Replace Smoke Alarms

Order

[The tenant/s] must pay Holmwood Real Estate Limited as agent for Kian & Siew $6,259.92 immediately, calculated as shown in table below:
The application for plumbing work (tap replacement) is withdrawn.

Reasons

Both parties attended the hearing. Ms Brown and Ms Hall represented the landlord.
The application named the tenant’s father as a guarantor. He guaranteed the first tenancy but did not sign the renewal of the tenancy so is not a guarantor for the tenancy that started on 20 November 2023. I have removed him as a party.
The tenancy was a fixed term tenancy until 19 November 2023. However, the tenant’s flatmates caused damage to the premises, bullied him, and caused him mental distress. The tenant moved away for a time but did not vacate the tenancy. While he was absent his flatmates were involved in a police incident and much of the damage occurred then. Accepted claims
The tenant accepted many of the landlord’s claim. I have marked those claims with *. Those amounts are awarded by consent. Disputed claims
There are 4 disputed claims – lock/key replacement; the repair of a broken window; the replacement of a damaged front door; and the replacement of the garage door motor. Lock and key replacement
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 did not return the keys at the end of the tenancy. Due to the actions of his flatmates and the involvement of the police, the landlord had to change the locks and keys. The tenant said there was no point returning the keys at that stage.
The tenant is properly liable for the costs the landlord incurred changing the locks. I find this claim proved. Replace/repair window, front door and garage door motor
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.
Here, the damage was either caused, or by their actions, permitted, by the tenant’s flatmates. They were residing at the premises with his consent. He is therefore liable for their actions.
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.
The landlord is insured for tenant damage but has not made any claim. The excess on the insurance policy is $550.00.
The claims for repairing the front door and for replacing the garage door motor are limited to the amount of the insurance excess as the repair costs exceeded the excess in both cases.
The claim for the damage to the window is allowed as claimed since the repair cost was less than the insurance excess.
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 has not provided evidence about the actual actions of the tenant’s flatmates, whether they were charged with criminal offences, or whether, if charged, they committed any imprisonable offence.
I have therefore proceeded on the basis that the damage to the property was careless damage rather than intentional damage which caps the tenant’s liability for the 2 claims that exceed the amount of the insurance excess.
The amounts ordered are proved by invoices and photos and by the evidence Ms Brown and Ms Hall gave at the hearing.
The landlord withdrew a claim for the replacement cost of a kitchen tap. Result
The tenant will pay the landlord $6,259.92. This includes the outstanding balance of the order the Tribunal made on 2 August 2023 as that order has not been enforced.
The tenant should be aware that he can pursue his flatmates for these costs in the Disputes Tribunal since the claims resulted from their actions. But because they were not tenants, he as the sole tenant is liable for their actions.
As the application is successful, I award the landlord the Tribunal filing fee. Name suppression
On my enquiry, neither party sought a name suppression order.

Tenancy Tribunal case 4659632 — Property damage at Unit/Flat 3, 198 Greers Road, Bryndwr, Christchurch 8053

At a glance

Tenancy Tribunal case 4659632 — Property damage at Unit/Flat 3, 198 Greers Road, Bryndwr, Christchurch 8053

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions