What was the outcome of Tenancy Tribunal case 4865409?

The tribunal order states: Karissa Leeanne Orchard must pay Orbit Property Management Limited as

How much money was awarded in case 4865409?

Cleaning: $379.50 awarded to landlord; Cleaning: $103.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,297.57 awarded to landlord; Property Damage: $2,300.00 awarded to landlord; Replace Lounge And Bedroom Curtains…: $324.99 awarded to landlord; Replace Net Curtains In Lounge And M…: $32.49 awarded to landlord

What type of tenancy dispute was case 4865409?

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

Where can I read the official tribunal order for case 4865409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10542792-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4865409?

The tribunal order states: Karissa Leeanne Orchard must pay Orbit Property Management Limited as

How much money was awarded in case 4865409?

Cleaning: $379.50 awarded to landlord; Cleaning: $103.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,297.57 awarded to landlord; Property Damage: $2,300.00 awarded to landlord; Replace Lounge And Bedroom Curtains…: $324.99 awarded to landlord; Replace Net Curtains In Lounge And M…: $32.49 awarded to landlord

What type of tenancy dispute was case 4865409?

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

Where can I read the official tribunal order for case 4865409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10542792-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 434 Cashel Street, Linwood, Christchurch 8011 Tenancy Tribunal Case 4865409 — Rent arrears

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Unit/Flat 1, 434 Cashel Street, Linwood, Christchurch 8011 Tenancy Tribunal Case 4865409 — Rent arrears | 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 4865409 — net $4,738.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 May 2024	$3,297.57	Rent arrears to 21 May 2024
Carpet cleaning	$379.50	Carpet cleaning
Repairs: Interior and exterior wall repairs and repainting	$2,300.00	Repairs: Interior and exterior wall repairs and repainting
Replace net curtains in lounge and master bedroom (depreciated 50	$32.49	Replace net curtains in lounge and master bedroom (depreciated 50
Replace lounge and bedroom curtains (depreciated 50	$324.99	Replace lounge and bedroom curtains (depreciated 50
Empty and clean bins and remove rubbish	$103.50	Empty and clean bins and remove rubbish
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,738.49
Total payable by Tenant to Landlord	$4,738.49

Claims and awards for application 4865409 — net $4,738.49 NZD. Verify on MoJ.

Rent arrears to 21 May 2024

Amount: $3,297.57
Awarded to: Landlord
Reason: Rent arrears to 21 May 2024

Carpet cleaning

Amount: $379.50
Awarded to: Landlord
Reason: Carpet cleaning

Repairs: Interior and exterior wall repairs and repainting

Amount: $2,300.00
Awarded to: Landlord
Reason: Repairs: Interior and exterior wall repairs and repainting

Replace net curtains in lounge and master bedroom (depreciated 50

Amount: $32.49
Awarded to: Landlord
Reason: Replace net curtains in lounge and master bedroom (depreciated 50

Replace lounge and bedroom curtains (depreciated 50

Amount: $324.99
Awarded to: Landlord

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears Property damage

Order

Karissa Leeanne Orchard must pay Orbit Property Management Limited as agent for David and Hillie Moot $4,738.49 immediately, calculated as shown in table below:
The Bond Centre to pay the bond of $1,720.00 (3300684-014) to Orbit Property Management Limited as agent for David and Hillie Moot immediately.

Reasons

Ms Croucher represented the landlord. The tenant did not attend the hearing.
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 21 May 2024. The landlord provided rent records which prove the amount of rent 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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The rubbish bins had to be emptied and cleaned. The carpets required cleaning due to significant soiling.

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.
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. Interior and exterior walls had been drawn on and had to be repainted. Net curtains in the lounge and master bedroom were damaged and had to be replaced. Curtains in the lounge and a bedroom were damaged and had to be replaced.
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 the landlord’s representative gave at the hearing.
The landlord applied depreciation of 50% to the claims for curtain and net curtain replacement. The Tribunal accepts that as appropriate to take account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

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 4865409 — net $4,738.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 May 2024	$3,297.57	Rent arrears to 21 May 2024
Carpet cleaning	$379.50	Carpet cleaning
Repairs: Interior and exterior wall repairs and repainting	$2,300.00	Repairs: Interior and exterior wall repairs and repainting
Replace net curtains in lounge and master bedroom (depreciated 50	$32.49	Replace net curtains in lounge and master bedroom (depreciated 50
Replace lounge and bedroom curtains (depreciated 50	$324.99	Replace lounge and bedroom curtains (depreciated 50
Empty and clean bins and remove rubbish	$103.50	Empty and clean bins and remove rubbish
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,738.49
Total payable by Tenant to Landlord	$4,738.49

Claims and awards for application 4865409 — net $4,738.49 NZD. Verify on MoJ.

Rent arrears to 21 May 2024

Amount: $3,297.57
Awarded to: Landlord
Reason: Rent arrears to 21 May 2024

Carpet cleaning

Amount: $379.50
Awarded to: Landlord
Reason: Carpet cleaning

Repairs: Interior and exterior wall repairs and repainting

Amount: $2,300.00
Awarded to: Landlord
Reason: Repairs: Interior and exterior wall repairs and repainting

Replace net curtains in lounge and master bedroom (depreciated 50

Amount: $32.49
Awarded to: Landlord
Reason: Replace net curtains in lounge and master bedroom (depreciated 50

Replace lounge and bedroom curtains (depreciated 50

Amount: $324.99
Awarded to: Landlord

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears Property damage

Order

Karissa Leeanne Orchard must pay Orbit Property Management Limited as agent for David and Hillie Moot $4,738.49 immediately, calculated as shown in table below:
The Bond Centre to pay the bond of $1,720.00 (3300684-014) to Orbit Property Management Limited as agent for David and Hillie Moot immediately.

Reasons

Ms Croucher represented the landlord. The tenant did not attend the hearing.
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 21 May 2024. The landlord provided rent records which prove the amount of rent 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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The rubbish bins had to be emptied and cleaned. The carpets required cleaning due to significant soiling.

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.
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. Interior and exterior walls had been drawn on and had to be repainted. Net curtains in the lounge and master bedroom were damaged and had to be replaced. Curtains in the lounge and a bedroom were damaged and had to be replaced.
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 the landlord’s representative gave at the hearing.
The landlord applied depreciation of 50% to the claims for curtain and net curtain replacement. The Tribunal accepts that as appropriate to take account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 4865409 — Rent arrears at Unit/Flat 1, 434 Cashel Street, Linwood, Christchurch 8011

At a glance

Tenancy Tribunal case 4865409 — Rent arrears at Unit/Flat 1, 434 Cashel Street, Linwood, Christchurch 8011

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