What was the outcome of Tenancy Tribunal case 4701511?

The tribunal order states: Raymond Vea and George Likiliki must pay Cowdy & Co Limited As Agent For

How much money was awarded in case 4701511?

Cleaning: $172.50 awarded to landlord; Cleaning: $586.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $419.41 awarded to landlord; Rent Arrears: $1,570.00 awarded to landlord; Kitchen Vinyl: $650.00 awarded to landlord

What type of tenancy dispute was case 4701511?

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

Where can I read the official tribunal order for case 4701511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9717937-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4701511?

The tribunal order states: Raymond Vea and George Likiliki must pay Cowdy & Co Limited As Agent For

How much money was awarded in case 4701511?

Cleaning: $172.50 awarded to landlord; Cleaning: $586.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $419.41 awarded to landlord; Rent Arrears: $1,570.00 awarded to landlord; Kitchen Vinyl: $650.00 awarded to landlord

What type of tenancy dispute was case 4701511?

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

Where can I read the official tribunal order for case 4701511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9717937-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5, 113 Huxley Street, Sydenham, Christchurch Tenancy Tribunal Case 4701511 — Rent arrears

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Unit/Flat 5, 113 Huxley Street, Sydenham, Christchurch Tenancy Tribunal Case 4701511 — 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 4701511 — net $1,458.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 8 October 2023	$1,570.00	Rent arrears (to 8 October 2023
Cleaning	$586.50	Cleaning
Lawns and Garden work: and Rubbish Removal	$419.41	Lawns and Garden work: and Rubbish Removal
Carpet Cleaning: stain treatment only	$172.50	Carpet Cleaning: stain treatment only
Repairs: Vinyl - Insurance Excess	$650.00	Repairs: Vinyl - Insurance Excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,458.85
Total payable by Tenant to Landlord	$1,458.85

Claims and awards for application 4701511 — net $1,458.85 NZD. Verify on MoJ.

Rent arrears (to 8 October 2023

Amount: $1,570.00
Awarded to: Landlord
Reason: Rent arrears (to 8 October 2023

Cleaning

Amount: $586.50
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work: and Rubbish Removal

Amount: $419.41
Awarded to: Landlord
Reason: Lawns and Garden work: and Rubbish Removal

Carpet Cleaning: stain treatment only

Amount: $172.50
Awarded to: Landlord
Reason: Carpet Cleaning: stain treatment only

Repairs: Vinyl - Insurance Excess

Amount: $650.00
Awarded to: Landlord
Reason: Repairs: Vinyl - Insurance Excess

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Rent arrears Property damage

Order

Raymond Vea and George Likiliki must pay Cowdy & Co Limited As Agent For PJ & FA Thompson Family Trust $1,458.85 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 8 October 2023)$1,570.00 Cleaning$586.50 Lawns and Garden work: and Rubbish Removal$419.41 Carpet Cleaning: stain treatment only$172.50 Repairs: Vinyl - Insurance Excess$650.00 Filing fee reimbursement$20.44 Total award$3,418.85 Bond$1,960.00 Total payable by Tenant to Landlord$1,458.85
The Bond Centre is to pay the bond of $1,960.00 (6474973-001) to Cowdy & Co Limited As Agent For PJ & FA Thompson Family Trust immediately.

Reasons

The landlord attended the hearing.
The tenants did not attend the hearing at the scheduled time. After the hearing ended, I was advised that the tenants arrived at Court late.
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 October 2023. The landlord provided rent records which prove the amount of $1,570.00 owing at the end of the tenancy.
This order supersedes an earlier Order for rent arrears dated 28 August 2023.

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 lawns and gardens were untidy and there were stains on the carpets. The landlord provided photographs from the end of the tenancy and receipts for the work done.
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 caused carelessly, and the landlord has 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.
Brand new vinyl planking was damaged by the tenants during the tenancy. The damage is more than fair wear and tear and the tenant has not disproved liability for the damage. The damage seems to have been caused carelessly as furniture was moved. I have awarded the landlord’s insurance excess.
As the landlord was the successful party, I have also awarded reimbursement of the tribunal application 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 4701511 — net $1,458.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 8 October 2023	$1,570.00	Rent arrears (to 8 October 2023
Cleaning	$586.50	Cleaning
Lawns and Garden work: and Rubbish Removal	$419.41	Lawns and Garden work: and Rubbish Removal
Carpet Cleaning: stain treatment only	$172.50	Carpet Cleaning: stain treatment only
Repairs: Vinyl - Insurance Excess	$650.00	Repairs: Vinyl - Insurance Excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,458.85
Total payable by Tenant to Landlord	$1,458.85

Claims and awards for application 4701511 — net $1,458.85 NZD. Verify on MoJ.

Rent arrears (to 8 October 2023

Amount: $1,570.00
Awarded to: Landlord
Reason: Rent arrears (to 8 October 2023

Cleaning

Amount: $586.50
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work: and Rubbish Removal

Amount: $419.41
Awarded to: Landlord
Reason: Lawns and Garden work: and Rubbish Removal

Carpet Cleaning: stain treatment only

Amount: $172.50
Awarded to: Landlord
Reason: Carpet Cleaning: stain treatment only

Repairs: Vinyl - Insurance Excess

Amount: $650.00
Awarded to: Landlord
Reason: Repairs: Vinyl - Insurance Excess

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Rent arrears Property damage

Order

Raymond Vea and George Likiliki must pay Cowdy & Co Limited As Agent For PJ & FA Thompson Family Trust $1,458.85 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 8 October 2023)$1,570.00 Cleaning$586.50 Lawns and Garden work: and Rubbish Removal$419.41 Carpet Cleaning: stain treatment only$172.50 Repairs: Vinyl - Insurance Excess$650.00 Filing fee reimbursement$20.44 Total award$3,418.85 Bond$1,960.00 Total payable by Tenant to Landlord$1,458.85
The Bond Centre is to pay the bond of $1,960.00 (6474973-001) to Cowdy & Co Limited As Agent For PJ & FA Thompson Family Trust immediately.

Reasons

The landlord attended the hearing.
The tenants did not attend the hearing at the scheduled time. After the hearing ended, I was advised that the tenants arrived at Court late.
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 October 2023. The landlord provided rent records which prove the amount of $1,570.00 owing at the end of the tenancy.
This order supersedes an earlier Order for rent arrears dated 28 August 2023.

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 lawns and gardens were untidy and there were stains on the carpets. The landlord provided photographs from the end of the tenancy and receipts for the work done.
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 caused carelessly, and the landlord has 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.
Brand new vinyl planking was damaged by the tenants during the tenancy. The damage is more than fair wear and tear and the tenant has not disproved liability for the damage. The damage seems to have been caused carelessly as furniture was moved. I have awarded the landlord’s insurance excess.
As the landlord was the successful party, I have also awarded reimbursement of the tribunal application fee.

Tenancy Tribunal case 4701511 — Rent arrears at Unit/Flat 5, 113 Huxley Street, Sydenham, Christchurch

At a glance

Tenancy Tribunal case 4701511 — Rent arrears at Unit/Flat 5, 113 Huxley Street, Sydenham, Christchurch

At a glance

Award balance

Claims & awards

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

Property management

Frequently asked questions

Award balance

Claims & awards

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

Property management

Frequently asked questions