How much money was awarded in case 4828997?

Cleaning: $241.50 awarded to landlord; Cleaning: $103.50 awarded to landlord; Cleaning: $368.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Rent Arrears: $1,628.57 awarded to landlord; Bedroom Wall - Excess: $650.00 awarded to landlord; Lounge Wall - Excess: $650.00 awarded to landlord; Property Damage: $747.50 awarded to landlord; Replace furnishings: Carpet 2 x bedr…: $400.00 awarded to landlord; Rubbish Removal: $747.50 awarded to landlord

What type of tenancy dispute was case 4828997?

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

Where can I read the official tribunal order for case 4828997?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10259898-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4828997?

Cleaning: $241.50 awarded to landlord; Cleaning: $103.50 awarded to landlord; Cleaning: $368.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Rent Arrears: $1,628.57 awarded to landlord; Bedroom Wall - Excess: $650.00 awarded to landlord; Lounge Wall - Excess: $650.00 awarded to landlord; Property Damage: $747.50 awarded to landlord; Replace furnishings: Carpet 2 x bedr…: $400.00 awarded to landlord; Rubbish Removal: $747.50 awarded to landlord

What type of tenancy dispute was case 4828997?

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

Where can I read the official tribunal order for case 4828997?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10259898-Tenancy_Tribunal_Order.pdf.

42 Rountree Street, Upper Riccarton, Christchurch 8041 Tenancy Tribunal Case 4828997 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4828997?

The tribunal order states: Achilles Alexander Tosimaea Emelio Fuimaono, Lovedeep Singh and Tabokai

Order

Claims and awards in Tenancy Tribunal application 4828997 — net $3,606.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,628.57	Rent arrears
Oven/stove cleaning	$103.50	Oven/stove cleaning
Cleaning	$368.00	Cleaning
Carpet Cleaning	$241.50	Carpet Cleaning
Rubbish removal	$747.50	Rubbish removal
Repairs: Lounge wall - excess	$650.00	Repairs: Lounge wall - excess
Repairs: Bedroom wall - excess	$650.00	Repairs: Bedroom wall - excess
Repairs: Minor painting/internal door replacement/ bathroom tile/dining room hole	$747.50	Repairs: Minor painting/internal door replacement/ bathroom tile/dining room hole
Replace furnishings: Carpet 2 x bedrooms (depreciated	$400.00	Replace furnishings: Carpet 2 x bedrooms (depreciated
Lock/key replacement	$150.00	Lock/key replacement
Net award	$3,606.57
Total payable by Tenant to Landlord	$3,606.57

Achilles Alexander Tosimaea Emelio Fuimaono, Lovedeep Singh and Tabokai Douglas Tausi must pay Orbit Property Management Limited T/A Harcourts As Agent For Lu Family Trust $3,606.57 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,080.00 (3351103-009) to Orbit Property Management Limited T/A Harcourts As Agent For Lu Family Trust immediately.

Reasons

The landlord attended the hearing. There was no appearance by the tenants.

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 12 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. This end date was one week later than per the notice to terminate after the tenants requested, and were granted, an extension.

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.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The oven was dirty and required a deep clean. The carpet needed a professional clean. The landlord supported these claims with an invoice and a number of photos. An ingoing condition report and photos was also provided. All are awarded in full but the invoice line item for window cleaning is dismissed due to a lack of evidence.

The tenant did not return the keys. The landlord sought $150.00 for the cost of changing the locks. This is awarded.

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. Holes in the lounge wall. The costs of repair is over $1,450.00 but an insurance claim is pending conclusion and the lower excess of $650.00 is awarded. b. Holes in the bedroom wall. The costs of repair is over $1,150.00 but an insurance claim is pending conclusion and the lower excess of $650.00 is awarded. c. Carpet in two bedrooms needs replacement. The landlord has a quote for $1,380.00 The insurer has indicated the carpet damage will be treated as multiple claims/excesses. Given that, all the carpet is yet to be replaced, I award $400.00 towards the carpet replacement after applying depreciation as best can best determined (the landlord did not know the age of the carpet but it was not new at the commencement of the tenancy some four years earlier. d. A bathroom tile was broken and needed replacement. e. An internal door was damaged and replaced. f. Minor touch-ups/repairs were required for outdoor graffiti and a small hole in the dining room wall.

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

The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Application filing fee

Because Orbit Property Management Limited T/A Harcourts As Agent For Lu Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4828997 — net $3,606.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,628.57	Rent arrears
Oven/stove cleaning	$103.50	Oven/stove cleaning
Cleaning	$368.00	Cleaning
Carpet Cleaning	$241.50	Carpet Cleaning
Rubbish removal	$747.50	Rubbish removal
Repairs: Lounge wall - excess	$650.00	Repairs: Lounge wall - excess
Repairs: Bedroom wall - excess	$650.00	Repairs: Bedroom wall - excess
Repairs: Minor painting/internal door replacement/ bathroom tile/dining room hole	$747.50	Repairs: Minor painting/internal door replacement/ bathroom tile/dining room hole
Replace furnishings: Carpet 2 x bedrooms (depreciated	$400.00	Replace furnishings: Carpet 2 x bedrooms (depreciated
Lock/key replacement	$150.00	Lock/key replacement
Net award	$3,606.57
Total payable by Tenant to Landlord	$3,606.57

Order

Achilles Alexander Tosimaea Emelio Fuimaono, Lovedeep Singh and Tabokai Douglas Tausi must pay Orbit Property Management Limited T/A Harcourts As Agent For Lu Family Trust $3,606.57 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,080.00 (3351103-009) to Orbit Property Management Limited T/A Harcourts As Agent For Lu Family Trust immediately.

Reasons

The landlord attended the hearing. There was no appearance by the tenants.
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 12 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. This end date was one week later than per the notice to terminate after the tenants requested, and were granted, an extension.

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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The oven was dirty and required a deep clean. The carpet needed a professional clean. The landlord supported these claims with an invoice and a number of photos. An ingoing condition report and photos was also provided. All are awarded in full but the invoice line item for window cleaning is dismissed due to a lack of evidence.
The tenant did not return the keys. The landlord sought $150.00 for the cost of changing the locks. This is awarded.
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. Holes in the lounge wall. The costs of repair is over $1,450.00 but an insurance claim is pending conclusion and the lower excess of $650.00 is awarded. b. Holes in the bedroom wall. The costs of repair is over $1,150.00 but an insurance claim is pending conclusion and the lower excess of $650.00 is awarded. c. Carpet in two bedrooms needs replacement. The landlord has a quote for $1,380.00 The insurer has indicated the carpet damage will be treated as multiple claims/excesses. Given that, all the carpet is yet to be replaced, I award $400.00 towards the carpet replacement after applying depreciation as best can best determined (the landlord did not know the age of the carpet but it was not new at the commencement of the tenancy some four years earlier. d. A bathroom tile was broken and needed replacement. e. An internal door was damaged and replaced. f. Minor touch-ups/repairs were required for outdoor graffiti and a small hole in the dining room wall.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Application filing fee
Because Orbit Property Management Limited T/A Harcourts As Agent For Lu Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4828997 — Property damage at 42 Rountree Street, Upper Riccarton, Christchurch 8041

At a glance

Tenancy Tribunal case 4828997 — Property damage at 42 Rountree Street, Upper Riccarton, Christchurch 8041

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