Published tribunal order
Tenancy Tribunal case 4838760 — Property damage at Unit/Flat 2, 33 Tower Street, Hornby, Christchurch 8042
Decided 10 Jun 2024 · Published 10 Jun 2024 · Application 4838760
Landlord favoured
- Property damage
Order
- Shanice Therese Whiu must pay Accommodation Centre Limited as agent for Jun Lu $593.35 immediately, calculated as shown in table below:
Reasons
- Mr Bowden represented the landlord. The tenant did not attend the hearing.
- The landlord has applied for compensation following the end of the tenancy.
- The parties reached an agreement about the tenant’s liability for costs, but the agreement was never formalised.
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 (RTA). The tenant must also replace standard light bulbs.
- The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
- The landlord had to replace light bulbs.
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 following damage was caused during the tenancy: the wardrobe door in the master bedroom was removed and had to be replaced, a kitchen drawer and front were removed and had to be replaced, there were holes in walls that had to be repaired, and tiles in the entrance way were damaged or missing.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved by invoices and photos and by the evidence Mr Bowden gave at the hearing.
- The landlord did not seek reimbursement of the Tribunal filing fee.