What was Tenancy Tribunal case 4837062 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Harcourts Gold Property Management

How much money was awarded in case 4837062?

Bedroom Blind: $245.00 awarded to landlord; Cleaning: $390.00 awarded to landlord; Cleaning: $932.35 awarded to landlord; Cleaning: $644.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawnmower: $200.00 awarded to landlord; Property Damage: $2,691.58 awarded to landlord; Property Damage: $1,667.50 awarded to landlord; Rent Arrears: $3,379.96 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord

What type of tenancy dispute was case 4837062?

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

Where can I read the official tribunal order for case 4837062?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10294650-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4837062 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Harcourts Gold Property Management

How much money was awarded in case 4837062?

Bedroom Blind: $245.00 awarded to landlord; Cleaning: $390.00 awarded to landlord; Cleaning: $932.35 awarded to landlord; Cleaning: $644.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawnmower: $200.00 awarded to landlord; Property Damage: $2,691.58 awarded to landlord; Property Damage: $1,667.50 awarded to landlord; Rent Arrears: $3,379.96 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord

What type of tenancy dispute was case 4837062?

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

Where can I read the official tribunal order for case 4837062?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10294650-Tenancy_Tribunal_Order.pdf.

420 Marine Parade, South New Brighton, Christchurch 8062 Tenancy Tribunal Case 4837062 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4837062 — net $8,830.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 March 2024	$3,379.96	Rent arrears to 7 March 2024
Carpet Cleaning	$390.00	Carpet Cleaning
Cleaning	$932.35	Cleaning
Driveway cleaning	$644.00	Driveway cleaning
Rubbish removal	$300.00	Rubbish removal
Bedroom blind	$245.00	Bedroom blind
Wall damage	$2,691.58	Wall damage
Garage door damage	$1,667.50	Garage door damage
Lawnmower	$200.00	Lawnmower
Exemplary damages for abandonment	$1,000.00	Exemplary damages for abandonment
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,830.83
Total payable by Tenant to Landlord	$8,830.83

[The tenant/s] and [The tenant/s] must pay Harcourts Gold Property Management Limited as Agent for Kim & Craig Savage $8,830.83 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $2,640.00 (6206054-011) to Harcourts Gold Property Management Limited as Agent for Kim & Craig Savage immediately.

Reasons

Mr Christiansen attended the hearing for the landlord. The tenants did not attend.

The landlord has applied for rent arrears, compensation, exemplary damages, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent

The tenancy was for a fixed term ending on 10 June 2024. On 14 February, the tenants informed the landlord that they had vacated the premises and they were returning the premises to the care of the landlord. That constituted abandonment of the premises by the tenants.

The landlord relet the premises from 8 March.

The landlord provided rent records to prove the rent owing to the end of the tenancy on 7 March as awarded. The Tenants’ Other 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 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.

I must consider betterment and depreciation where appropriate. 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, the Tribunal considers the age and condition of the items at the start of the tenancy and their likely useful lifespan. Claims and Awards Cleaning and Rubbish

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The house needed a substantial amount of cleaning and there were significant oil stains in front of the garage that had to be cleaned off.

There was rubbish left inside and outside the house and the council bins were left full.

The carpet was stained and needed professional cleaning.

The amounts ordered were proved by the production of photographs and invoices. Damage and Chattels

The was damage to walls, the garage door and a blind during the tenancy. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

The premises were not insured, and so insurance is not a consideration. The weekly rent was $700 and none of the awards for damage exceed four weeks rent.

The garage door was in reasonable condition and working properly before it was damaged. It was approximately 20 years old and so it is appropriate to make a deduction for betterment. The cost of repair is $3,335 and an appropriate deduction is 50%. The award for the garage door repair is therefore $1,667.50.

A lawnmower that was provided for the tenants’ use was missing at the end of the tenancy.

The amounts ordered were proved by the production of photographs, invoices and a quotation for the garage door repair. Exemplary Damages

The landlord claims exemplary damages because the tenants abandoned the premises.

A tenancy is abandoned where the tenant leaves the premises without reasonable excuse not intending to return.

A tenant commits an unlawful act if they abandon the premises when the rent is in arrears. Exemplary damages may be awarded up to a maximum of $1,500.00.

The tenants abandoned the premises when rent was in arrears and therefore, they have committed an unlawful act.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest.

The striking feature of this case is the abruptness of the abandonment. There were some rent arrears, but the tenants had assured the landlord that they would be paid. The tenants then announced that they had left the premises. They did so without making any attempt to meet their obligations concerning cleaning, rubbish and repairs. That left the landlord having to deal with those things and find new tenants with no notice.

This is not the worst case of abandonment imaginable, but it was bad enough and it left the landlord with substantial cost and inconvenience. I significant award in therefore appropriate and I have awarded $1,000. Filing Fee

The landlord has been successful and so the tenants must pay the filing fee. Result

The bond will be paid to the landlord and the tenants must pay the remaining liability.

Claims and awards in Tenancy Tribunal application 4837062 — net $8,830.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 March 2024	$3,379.96	Rent arrears to 7 March 2024
Carpet Cleaning	$390.00	Carpet Cleaning
Cleaning	$932.35	Cleaning
Driveway cleaning	$644.00	Driveway cleaning
Rubbish removal	$300.00	Rubbish removal
Bedroom blind	$245.00	Bedroom blind
Wall damage	$2,691.58	Wall damage
Garage door damage	$1,667.50	Garage door damage
Lawnmower	$200.00	Lawnmower
Exemplary damages for abandonment	$1,000.00	Exemplary damages for abandonment
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,830.83
Total payable by Tenant to Landlord	$8,830.83

Order

[The tenant/s] and [The tenant/s] must pay Harcourts Gold Property Management Limited as Agent for Kim & Craig Savage $8,830.83 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,640.00 (6206054-011) to Harcourts Gold Property Management Limited as Agent for Kim & Craig Savage immediately.

Reasons

Mr Christiansen attended the hearing for the landlord. The tenants did not attend.
The landlord has applied for rent arrears, compensation, exemplary damages, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy was for a fixed term ending on 10 June 2024. On 14 February, the tenants informed the landlord that they had vacated the premises and they were returning the premises to the care of the landlord. That constituted abandonment of the premises by the tenants.
The landlord relet the premises from 8 March.
The landlord provided rent records to prove the rent owing to the end of the tenancy on 7 March as awarded. The Tenants’ Other 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 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.
I must consider betterment and depreciation where appropriate. 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, the Tribunal considers the age and condition of the items at the start of the tenancy and their likely useful lifespan. Claims and Awards Cleaning and Rubbish
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The house needed a substantial amount of cleaning and there were significant oil stains in front of the garage that had to be cleaned off.
There was rubbish left inside and outside the house and the council bins were left full.
The carpet was stained and needed professional cleaning.
The amounts ordered were proved by the production of photographs and invoices. Damage and Chattels
The was damage to walls, the garage door and a blind during the tenancy. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The premises were not insured, and so insurance is not a consideration. The weekly rent was $700 and none of the awards for damage exceed four weeks rent.
The garage door was in reasonable condition and working properly before it was damaged. It was approximately 20 years old and so it is appropriate to make a deduction for betterment. The cost of repair is $3,335 and an appropriate deduction is 50%. The award for the garage door repair is therefore $1,667.50.
A lawnmower that was provided for the tenants’ use was missing at the end of the tenancy.
The amounts ordered were proved by the production of photographs, invoices and a quotation for the garage door repair. Exemplary Damages
The landlord claims exemplary damages because the tenants abandoned the premises.
A tenancy is abandoned where the tenant leaves the premises without reasonable excuse not intending to return.
A tenant commits an unlawful act if they abandon the premises when the rent is in arrears. Exemplary damages may be awarded up to a maximum of $1,500.00.
The tenants abandoned the premises when rent was in arrears and therefore, they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest.
The striking feature of this case is the abruptness of the abandonment. There were some rent arrears, but the tenants had assured the landlord that they would be paid. The tenants then announced that they had left the premises. They did so without making any attempt to meet their obligations concerning cleaning, rubbish and repairs. That left the landlord having to deal with those things and find new tenants with no notice.
This is not the worst case of abandonment imaginable, but it was bad enough and it left the landlord with substantial cost and inconvenience. I significant award in therefore appropriate and I have awarded $1,000. Filing Fee
The landlord has been successful and so the tenants must pay the filing fee. Result
The bond will be paid to the landlord and the tenants must pay the remaining liability.

Tenancy Tribunal case 4837062 — Property damage at 420 Marine Parade, South New Brighton, Christchurch 8062

At a glance

Tenancy Tribunal case 4837062 — Property damage at 420 Marine Parade, South New Brighton, Christchurch 8062

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