What was the outcome of Tenancy Tribunal case 4857449?

The tribunal order states: Jodie Bowdler and Dillon McLaughlan must pay Pride Property Management

How much money was awarded in case 4857449?

Cleaning: $330.83 awarded to landlord; Cleaning: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,689.29 awarded to landlord; Lawns and Garden Work: $2,249.25 awarded to landlord

What type of tenancy dispute was case 4857449?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4857449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10484800-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4857449?

The tribunal order states: Jodie Bowdler and Dillon McLaughlan must pay Pride Property Management

How much money was awarded in case 4857449?

Cleaning: $330.83 awarded to landlord; Cleaning: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,689.29 awarded to landlord; Lawns and Garden Work: $2,249.25 awarded to landlord

What type of tenancy dispute was case 4857449?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4857449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10484800-Tribunal_Order.pdf.

128 Waiau Crescent, Kingswell, Invercargill 9812 Tenancy Tribunal Case 4857449 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4857449 — net $4,009.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4/5/2024	$2,689.29	Rent arrears to 4/5/2024
Rubbish removal: and repairs/replacement curtains and blinds, replace door handles and hinges and lawns and gardens	$2,249.25	Rubbish removal: and repairs/replacement curtains and blinds, replace door handles and hinges and lawns and gardens
Carpet Cleaning: including stain and odor removal	$330.83	Carpet Cleaning: including stain and odor removal
Cleaning	$600.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,009.81
Total payable by Tenant to Landlord	$4,009.81

Both parties attended the hearing. Ms Bowdler on behalf of both herself and Mr McLaughlan who is a joint tenant and had been served with notice of the claims.

While he had requested that he be removed as a tenant towards the end of the tenancy this had not been finalised and he remains jointly liable for the amounts awarded. The landlord did not pursue a claim for administration charges associated with his removal from the tenancy.

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 4/5/2024 with the end of the fixed term. 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, 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. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove extensive rubbish, that was scattered throughout the inside of the house, the garage and the exterior. The landlord hired a large skip which was filled and then additional rubbish also needed to be taken to the tip The lawns and gardens were overgrown.

The cleaning cost is reduced a little to reflect the reasonable standard the premises need to be left in as opposed to the higher standard applicable so the premises can be relet. There is therefore a small amount of maintenance cleaning and garden work that is deducted.

The carpets required professional cleaning to remove stains and odour.

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.

The landlord withdrew most of the claims for repairs. The cost of repairs to curtain rails and blinds and rehanging curtains is included as that damage is attributable to the tenant as careless. The repairs to the kitchen cabinetry is also allowed. The claim for reinstating the meter box, replacing the bedroom door handle and snib and repairs to window latches are dismissed as fairly attributable to fair wear and tear.

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 amounts ordered are proved.

I have not taken into account betterment and depreciation. The landlord has only claimed for repairs and therefore the awards only returned the landlord to the position they would have been in had the tenant not breached their obligations.

Because Pride Property Management Limited As Agent For Lucy Liang And Chris Hilton has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4857449 — net $4,009.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4/5/2024	$2,689.29	Rent arrears to 4/5/2024
Rubbish removal: and repairs/replacement curtains and blinds, replace door handles and hinges and lawns and gardens	$2,249.25	Rubbish removal: and repairs/replacement curtains and blinds, replace door handles and hinges and lawns and gardens
Carpet Cleaning: including stain and odor removal	$330.83	Carpet Cleaning: including stain and odor removal
Cleaning	$600.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,009.81
Total payable by Tenant to Landlord	$4,009.81

Order

Jodie Bowdler and Dillon McLaughlan must pay Pride Property Management Limited As Agent For Lucy Liang And Chris Hilton $4,009.81 immediately, calculated as shown in table below.
The Bond centre is to refund the bond to the landlord.

Reasons

Both parties attended the hearing. Ms Bowdler on behalf of both herself and Mr McLaughlan who is a joint tenant and had been served with notice of the claims.
While he had requested that he be removed as a tenant towards the end of the tenancy this had not been finalised and he remains jointly liable for the amounts awarded. The landlord did not pursue a claim for administration charges associated with his removal from the tenancy.
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 4/5/2024 with the end of the fixed term. 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, 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. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove extensive rubbish, that was scattered throughout the inside of the house, the garage and the exterior. The landlord hired a large skip which was filled and then additional rubbish also needed to be taken to the tip The lawns and gardens were overgrown.
The cleaning cost is reduced a little to reflect the reasonable standard the premises need to be left in as opposed to the higher standard applicable so the premises can be relet. There is therefore a small amount of maintenance cleaning and garden work that is deducted.
The carpets required professional cleaning to remove stains and odour.
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.
The landlord withdrew most of the claims for repairs. The cost of repairs to curtain rails and blinds and rehanging curtains is included as that damage is attributable to the tenant as careless. The repairs to the kitchen cabinetry is also allowed. The claim for reinstating the meter box, replacing the bedroom door handle and snib and repairs to window latches are dismissed as fairly attributable to fair wear and tear.
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 amounts ordered are proved.
I have not taken into account betterment and depreciation. The landlord has only claimed for repairs and therefore the awards only returned the landlord to the position they would have been in had the tenant not breached their obligations.
Because Pride Property Management Limited As Agent For Lucy Liang And Chris Hilton has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4857449 — Rent arrears at 128 Waiau Crescent, Kingswell, Invercargill 9812

At a glance

Tenancy Tribunal case 4857449 — Rent arrears at 128 Waiau Crescent, Kingswell, Invercargill 9812

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