What was the outcome of Tenancy Tribunal case 4830177?

The tribunal order states: Muliauma Neli and Tanu Suavine to pay Orbit Property Management Limited

How much money was awarded in case 4830177?

Cleaning: $333.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $855.00 awarded to landlord; Rent Arrears: $503.57 awarded to landlord

What type of tenancy dispute was case 4830177?

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

Where can I read the official tribunal order for case 4830177?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10262870-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4830177?

The tribunal order states: Muliauma Neli and Tanu Suavine to pay Orbit Property Management Limited

How much money was awarded in case 4830177?

Cleaning: $333.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $855.00 awarded to landlord; Rent Arrears: $503.57 awarded to landlord

What type of tenancy dispute was case 4830177?

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

Where can I read the official tribunal order for case 4830177?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10262870-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 418 Manchester Street, St Albans, Christchurch Tenancy Tribunal Case 4830177 — Property damage

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Unit/Flat 2, 418 Manchester Street, St Albans, Christchurch Tenancy Tribunal Case 4830177 — 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 4830177 — net $1,712.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 December 2023 (consent	$503.57	Rent arrears to 7 December 2023 (consent
Carpet cleaning/stain removal (consent	$333.50	Carpet cleaning/stain removal (consent
Repair damage to wooden floors (part charge	$855.00	Repair damage to wooden floors (part charge
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,712.51
Bond	$1,800.00
Total payable by Tenant to Landlord	$1,712.51

Claims and awards for application 4830177 — net $1,712.51 NZD. Verify on MoJ.

Rent arrears to 7 December 2023 (consent

Amount: $503.57
Awarded to: Landlord
Reason: Rent arrears to 7 December 2023 (consent

Carpet cleaning/stain removal (consent

Amount: $333.50
Awarded to: Landlord
Reason: Carpet cleaning/stain removal (consent

Repair damage to wooden floors (part charge

Amount: $855.00
Awarded to: Landlord
Reason: Repair damage to wooden floors (part charge

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,712.51

Bond

Landlord $1,800.00

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears

Order

Muliauma Neli and Tanu Suavine to pay Orbit Property Management Limited as agent for Doug Properties Ltd $1,712.51 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,800.00 (6382776-004) immediately apportioned as follows: Orbit Property Management Limited as agent for Doug Properties Ltd: $1,712.51 Muliauma Neli and Tanu Suavine: $87.49

Reasons

Both parties attended the hearing. Ms Neli attended by phone for the tenants. Ms Croucher attended in person for the landlord.
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 ren?

The tenancy ended on 7 December 2023. The landlord provided rent records which prove the amount of rent owing at the end of the tenancy. Ms Neli accepted the amount of rent owing.

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 carpets required some stain removal. Ms Neli accepted the landlord’s claim for carpet cleaning/stain removal.

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.
The wooden flooring in the kitchen (a thoroughfare) and the dining area was damaged due to gouging.
I have assessed the evidence (photos) provided by the landlord and the evidence (a short video) provided by the tenant.
The premises were newly built at the start of the tenancy.
The tenant submitted that the damage to the wooden flooring was fair wear and tear.
Wooden floors can require care in the way they are managed.
I find that the damage is objectively more than fair wear and tear.
The landlord has only claimed a portion of the overall cost of sanding and varnishing the damaged flooring.
I find that the tenant is liable for the portion of the repair cost claimed.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.
Upon 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 4830177 — net $1,712.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 December 2023 (consent	$503.57	Rent arrears to 7 December 2023 (consent
Carpet cleaning/stain removal (consent	$333.50	Carpet cleaning/stain removal (consent
Repair damage to wooden floors (part charge	$855.00	Repair damage to wooden floors (part charge
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,712.51
Bond	$1,800.00
Total payable by Tenant to Landlord	$1,712.51

Claims and awards for application 4830177 — net $1,712.51 NZD. Verify on MoJ.

Rent arrears to 7 December 2023 (consent

Amount: $503.57
Awarded to: Landlord
Reason: Rent arrears to 7 December 2023 (consent

Carpet cleaning/stain removal (consent

Amount: $333.50
Awarded to: Landlord
Reason: Carpet cleaning/stain removal (consent

Repair damage to wooden floors (part charge

Amount: $855.00
Awarded to: Landlord
Reason: Repair damage to wooden floors (part charge

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,712.51

Bond

Landlord $1,800.00

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears

Order

Muliauma Neli and Tanu Suavine to pay Orbit Property Management Limited as agent for Doug Properties Ltd $1,712.51 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,800.00 (6382776-004) immediately apportioned as follows: Orbit Property Management Limited as agent for Doug Properties Ltd: $1,712.51 Muliauma Neli and Tanu Suavine: $87.49

Reasons

Both parties attended the hearing. Ms Neli attended by phone for the tenants. Ms Croucher attended in person for the landlord.
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 ren?

The tenancy ended on 7 December 2023. The landlord provided rent records which prove the amount of rent owing at the end of the tenancy. Ms Neli accepted the amount of rent owing.

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 carpets required some stain removal. Ms Neli accepted the landlord’s claim for carpet cleaning/stain removal.

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.
The wooden flooring in the kitchen (a thoroughfare) and the dining area was damaged due to gouging.
I have assessed the evidence (photos) provided by the landlord and the evidence (a short video) provided by the tenant.
The premises were newly built at the start of the tenancy.
The tenant submitted that the damage to the wooden flooring was fair wear and tear.
Wooden floors can require care in the way they are managed.
I find that the damage is objectively more than fair wear and tear.
The landlord has only claimed a portion of the overall cost of sanding and varnishing the damaged flooring.
I find that the tenant is liable for the portion of the repair cost claimed.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.
Upon my enquiry, neither party sought a name suppression order.

Tenancy Tribunal case 4830177 — Property damage at Unit/Flat 2, 418 Manchester Street, St Albans, Christchurch

At a glance

Tenancy Tribunal case 4830177 — Property damage at Unit/Flat 2, 418 Manchester Street, St Albans, Christchurch

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for ren?

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 ren?

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