What was Tenancy Tribunal case 4711750 about?

The tribunal order states: [The tenant/s] must pay Sinclair Property Group Limited as Agent for Othlie

How much money was awarded in case 4711750?

Cleaning: $160.00 awarded to landlord; Cleaning: $839.50 awarded to landlord; Curtains: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Goods Removal, Storage And Rubbish D…: $5,248.13 awarded to landlord; Lawns and Garden Work: $600.00 awarded to landlord; Loss Of Rent: $2,580.00 awarded to landlord; Property Damage: $7,831.50 awarded to landlord; Property Damage: $250.00 awarded to landlord; Property Damage: $1,776.40 awarded to landlord; Property Damage: $420.00 awarded to landlord; Property Damage: $1,400.00 awarded to landlord

What type of tenancy dispute was case 4711750?

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

Where can I read the official tribunal order for case 4711750?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9645537-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4711750 about?

The tribunal order states: [The tenant/s] must pay Sinclair Property Group Limited as Agent for Othlie

How much money was awarded in case 4711750?

Cleaning: $160.00 awarded to landlord; Cleaning: $839.50 awarded to landlord; Curtains: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Goods Removal, Storage And Rubbish D…: $5,248.13 awarded to landlord; Lawns and Garden Work: $600.00 awarded to landlord; Loss Of Rent: $2,580.00 awarded to landlord; Property Damage: $7,831.50 awarded to landlord; Property Damage: $250.00 awarded to landlord; Property Damage: $1,776.40 awarded to landlord; Property Damage: $420.00 awarded to landlord; Property Damage: $1,400.00 awarded to landlord

What type of tenancy dispute was case 4711750?

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

Where can I read the official tribunal order for case 4711750?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9645537-Tenancy_Tribunal_Order.pdf.

26 Cottonwood Street, Parklands, Christchurch 8083 Tenancy Tribunal Case 4711750 — Property damage

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4711750 — net $21,725.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$160.00	Carpet Cleaning
Repairs and painting	$7,831.50	Repairs and painting
Window repairs	$250.00	Window repairs
Miscellaneous repairs	$1,776.40	Miscellaneous repairs
Cleaning	$839.50	Cleaning
Lock/key replacement	$420.00	Lock/key replacement
Goods removal, storage and rubbish disposal	$5,248.13	Goods removal, storage and rubbish disposal
Curtains	$600.00	Curtains
Lawns and Garden work	$600.00	Lawns and Garden work
Electrical fittings replacement/repair	$1,400.00	Electrical fittings replacement/repair
Loss of rent	$2,580.00	Loss of rent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$21,725.97
Total payable by Tenant to Landlord	$21,725.97

[The tenant/s] must pay Sinclair Property Group Limited as Agent for Othlie Cook as Trustee for Wilderness Trust $21,725.97 immediately, calculated as shown in the table below.

No order has been made for the bailiff’s fee because that is recoverable under the Tribunal’s order made on 4 August 2023 under application 4616750.

Reasons

Mr Sinclair attended the hearing for the landlord. The tenant did not attend.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The Tribunal made an order on 4 August 2023 under application 4616750 for rent arrears and payment of the bond to the landlord. That order cannot be incorporated in this order because the landlord has taken enforcement action on the previous order.

This tenancy ended on 14 August by order of the Tribunal. The landlord obtained possession on 22 August under a warrant of possession. The tenant was still in occupation of the premises when the bailiff attended to enforce the possession order.

The premises were relet on 29 September as soon as they were put into a condition suitable to be relet. The Tenant’s Obligations

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. The tenant must also replace standard light bulbs.

The tenant must not carelessly or intentionally damage 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.

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.

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).

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. The Landlord’s Claims

The landlord produced good evidence in support of their claims including an ingoing condition report, two outgoing condition reports with photographs (one immediately after the landlord took back possession of the premises and one after the premises were cleared of rubbish and cleaned) and invoices for the costs claimed.

When the landlord took back possession of the premises, the tenant had done nothing to remove her belongings or rubbish or to clean the premises. There was a substantial amount of tenant’s furniture and rubbish left at the premises and they required extensive cleaning.

The landlord removed and dumped rubbish and removed the tenant’s belongings and put them into storage. They complied fully with their obligations in terms of contacting the tenant and trying to arrange for her to collect her belongings, but the tenant did not arrange to collect anything. Ultimately, the goods were either given to charity or dumped. Their value did not exceed the cost of selling them.

There was extensive damage to walls in the premises during the tenancy. They had been damaged in numerous places and the damage had been repaired, in some cases inadequately, and there had been no painting of walls to restore them to an acceptable condition.

There were numerous other items that were damaged such as window catches and stays, the laundry bench, a window in the bathroom, curtains and electrical fittings.

The damage exceeded fair wear and tear and no single incident of damage exceeded the landlord’s insurance excess of $550. As well, the nature and extent of the wall damage indicated that it was caused intentionally.

The amount of costs awarded were proved by the production of invoices. I made some deductions from the claims for work and materials that constituted landlord’s improvements. The invoice for miscellaneous repairs was reduced from $2,231.51 to $1,722 and the invoice for Electrical work was reduced from $1,664.29 to $1,400.

I reduced the cost of replacing the damaged window in the bathroom from $416.69 to $250 because I did not accept that the tenant should have to pay for the cost of replacing the adjacent window to match. A close match would be acceptable.

I did not award the filing fee for the warrant of possession in this order because it is recoverable under the Tribunal’s previous order.

I have awarded six weeks rent as compensation for the time that it took to ready the premises for reletting. I accept that if the premises had been left in the condition that Act requires, it would have been relet immediately after this tenancy ended. Filing Fee

The landlord has been substantially successful, and the tenant must pay the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4711750 — net $21,725.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$160.00	Carpet Cleaning
Repairs and painting	$7,831.50	Repairs and painting
Window repairs	$250.00	Window repairs
Miscellaneous repairs	$1,776.40	Miscellaneous repairs
Cleaning	$839.50	Cleaning
Lock/key replacement	$420.00	Lock/key replacement
Goods removal, storage and rubbish disposal	$5,248.13	Goods removal, storage and rubbish disposal
Curtains	$600.00	Curtains
Lawns and Garden work	$600.00	Lawns and Garden work
Electrical fittings replacement/repair	$1,400.00	Electrical fittings replacement/repair
Loss of rent	$2,580.00	Loss of rent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$21,725.97
Total payable by Tenant to Landlord	$21,725.97

[The tenant/s] must pay Sinclair Property Group Limited as Agent for Othlie Cook as Trustee for Wilderness Trust $21,725.97 immediately, calculated as shown in the table below.

No order has been made for the bailiff’s fee because that is recoverable under the Tribunal’s order made on 4 August 2023 under application 4616750.

Reasons

Mr Sinclair attended the hearing for the landlord. The tenant did not attend.

The premises were relet on 29 September as soon as they were put into a condition suitable to be relet. The Tenant’s Obligations

The tenant must not carelessly or intentionally damage the premises.

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).

There were numerous other items that were damaged such as window catches and stays, the laundry bench, a window in the bathroom, curtains and electrical fittings.

I did not award the filing fee for the warrant of possession in this order because it is recoverable under the Tribunal’s previous order.

The landlord has been substantially successful, and the tenant must pay the filing fee.

Tenancy Tribunal case 4711750 — Property damage at 26 Cottonwood Street, Parklands, Christchurch 8083

At a glance

Tenancy Tribunal case 4711750 — Property damage at 26 Cottonwood Street, Parklands, Christchurch 8083

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