What was the outcome of Tenancy Tribunal case 4718349?

The tribunal order states: Laura Curson must pay Fordyce Realty Limited $605.06 immediately,

How much money was awarded in case 4718349?

Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $760.00 awarded to landlord; Blocked Sewage Pipe: $439.53 awarded to landlord; Blocked Shower: $231.96 awarded to landlord; Blocked Toilet: $296.13 awarded to landlord; Cat Door: $97.00 awarded to landlord; Decking And Wallpaper: $759.00 awarded to landlord; Replace Furnishings: Curtains Rehang: $149.50 awarded to landlord; Lightbulbs: $11.50 awarded to landlord

What type of tenancy dispute was case 4718349?

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

Where can I read the official tribunal order for case 4718349?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9841123-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4718349?

The tribunal order states: Laura Curson must pay Fordyce Realty Limited $605.06 immediately,

How much money was awarded in case 4718349?

Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $760.00 awarded to landlord; Blocked Sewage Pipe: $439.53 awarded to landlord; Blocked Shower: $231.96 awarded to landlord; Blocked Toilet: $296.13 awarded to landlord; Cat Door: $97.00 awarded to landlord; Decking And Wallpaper: $759.00 awarded to landlord; Replace Furnishings: Curtains Rehang: $149.50 awarded to landlord; Lightbulbs: $11.50 awarded to landlord

What type of tenancy dispute was case 4718349?

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

Where can I read the official tribunal order for case 4718349?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9841123-Tenancy_Tribunal_Order.pdf.

6 Parkland Crescent, Terrace End, Palmerston North 4410 Tenancy Tribunal Case 4718349 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4718349 — net $605.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$760.00	Rent arrears
Carpet Cleaning	$400.00	Carpet Cleaning
Replace furnishings: curtains rehang	$149.50	Replace furnishings: curtains rehang
Repairs: blocked shower	$231.96	Repairs: blocked shower
Repairs: blocked toilet	$296.13	Repairs: blocked toilet
Repairs: blocked sewage pipe	$439.53	Repairs: blocked sewage pipe
Repairs: cat door	$97.00	Repairs: cat door
Repairs: decking and wallpaper	$759.00	Repairs: decking and wallpaper
Replace furnishings: light bulbs	$11.50	Replace furnishings: light bulbs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$605.06
Total payable by Tenant to Landlord	$605.06

Laura Curson must pay Fordyce Realty Limited $605.06 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $2,560.00 (3736390-001) to Fordyce Realty Limited immediately. DescriptionLandlord Rent arrears$760.00 Carpet Cleaning$400.00 Replace furnishings: curtains rehang$149.50 Repairs: blocked shower$231.96 Repairs: blocked toilet$296.13 Repairs: blocked sewage pipe$439.53 Repairs: cat door$97.00 Repairs: decking and wallpaper$759.00 Replace furnishings: light bulbs$11.50 Filing fee reimbursement$20.44 Total award$3,165.06 Bond$2,560.00 Total payable by Tenant to Landlord$605.06

Reasons

The landlord attended the hearing. 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 20 September 2023. The landlord provided rent records which prove the amount 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The landlord provided photographic evidence that the tenant did not leave the carpets or the deck reasonably clean and tidy. The carpets required professional cleaning. The deck required water blasting and the removal of a fixture.

The landlord had to replace light bulbs.

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 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: a. A candle blocked the toilet. b. The sewage pipe was blocked by flushing unsuitable items. c. The shower drain was blocked by a number of items. d. A hole in a bedroom wall required professional repapering. e. A curtain needed repair and rehanging. f. There were numerous stains in the carpet which the landlord wished to replace.

The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.

The landlord provided evidence that the tenant accepted responsibility for the drainage issues, the rehanging of the curtain and the cleaning of the carpet.

These items were caused by the tenant’s carelessness.

The landlord has claimed for the insurance excesses of $550.00 each for the replacement of the lounge and master bedroom carpets. The landlord advised that the carpets have not been replaced and the property has been re-tenanted. It was not clear if a successful insurance claim had been made.

In the absence of such proof of loss, the landlord’s claim must be dismissed.

The landlord advised that the tenant had accepted liability for the cat door.

The amounts ordered are proved.

Because Fordyce Realty Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4718349 — net $605.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$760.00	Rent arrears
Carpet Cleaning	$400.00	Carpet Cleaning
Replace furnishings: curtains rehang	$149.50	Replace furnishings: curtains rehang
Repairs: blocked shower	$231.96	Repairs: blocked shower
Repairs: blocked toilet	$296.13	Repairs: blocked toilet
Repairs: blocked sewage pipe	$439.53	Repairs: blocked sewage pipe
Repairs: cat door	$97.00	Repairs: cat door
Repairs: decking and wallpaper	$759.00	Repairs: decking and wallpaper
Replace furnishings: light bulbs	$11.50	Replace furnishings: light bulbs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$605.06
Total payable by Tenant to Landlord	$605.06

Order

Laura Curson must pay Fordyce Realty Limited $605.06 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,560.00 (3736390-001) to Fordyce Realty Limited immediately. DescriptionLandlord Rent arrears$760.00 Carpet Cleaning$400.00 Replace furnishings: curtains rehang$149.50 Repairs: blocked shower$231.96 Repairs: blocked toilet$296.13 Repairs: blocked sewage pipe$439.53 Repairs: cat door$97.00 Repairs: decking and wallpaper$759.00 Replace furnishings: light bulbs$11.50 Filing fee reimbursement$20.44 Total award$3,165.06 Bond$2,560.00 Total payable by Tenant to Landlord$605.06

Reasons

The landlord attended the hearing. 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 20 September 2023. The landlord provided rent records which prove the amount 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord provided photographic evidence that the tenant did not leave the carpets or the deck reasonably clean and tidy. The carpets required professional cleaning. The deck required water blasting and the removal of a fixture.
The landlord had to replace light bulbs.
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 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: a. A candle blocked the toilet. b. The sewage pipe was blocked by flushing unsuitable items. c. The shower drain was blocked by a number of items. d. A hole in a bedroom wall required professional repapering. e. A curtain needed repair and rehanging. f. There were numerous stains in the carpet which the landlord wished to replace.
The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
The landlord provided evidence that the tenant accepted responsibility for the drainage issues, the rehanging of the curtain and the cleaning of the carpet.
These items were caused by the tenant’s carelessness.
The landlord has claimed for the insurance excesses of $550.00 each for the replacement of the lounge and master bedroom carpets. The landlord advised that the carpets have not been replaced and the property has been re-tenanted. It was not clear if a successful insurance claim had been made.
In the absence of such proof of loss, the landlord’s claim must be dismissed.
The landlord advised that the tenant had accepted liability for the cat door.
The amounts ordered are proved.
Because Fordyce Realty Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4718349 — Property damage at 6 Parkland Crescent, Terrace End, Palmerston North 4410

At a glance

Tenancy Tribunal case 4718349 — Property damage at 6 Parkland Crescent, Terrace End, Palmerston North 4410

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