What was the outcome of Tenancy Tribunal case 4930533?

The tribunal order states: Jolene Iwingaro Ngariki must pay Maranello Property Investments Limited

How much money was awarded in case 4930533?

Rubbish Removal: $2,200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $168.00 awarded to landlord; Property Damage: $379.50 awarded to landlord; Rent Arrears: $1,937.85 awarded to landlord; Kitchen Vinyl: $2,005.00 awarded to landlord; Kitchen, Bath, Fence: $1,250.00 awarded to landlord; Painting: $1,745.00 awarded to landlord; Replace Furnishings: - Curtains: $389.96 awarded to landlord

What type of tenancy dispute was case 4930533?

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

Where can I read the official tribunal order for case 4930533?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11173298-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4930533?

The tribunal order states: Jolene Iwingaro Ngariki must pay Maranello Property Investments Limited

How much money was awarded in case 4930533?

Rubbish Removal: $2,200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $168.00 awarded to landlord; Property Damage: $379.50 awarded to landlord; Rent Arrears: $1,937.85 awarded to landlord; Kitchen Vinyl: $2,005.00 awarded to landlord; Kitchen, Bath, Fence: $1,250.00 awarded to landlord; Painting: $1,745.00 awarded to landlord; Replace Furnishings: - Curtains: $389.96 awarded to landlord

What type of tenancy dispute was case 4930533?

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

Where can I read the official tribunal order for case 4930533?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11173298-Tribunal_Order.pdf.

Unit/Flat 5, 482 Hereford Street, Linwood, Christchurch Tenancy Tribunal Case 4930533 — Property damage

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Unit/Flat 5, 482 Hereford Street, Linwood, Christchurch Tenancy Tribunal Case 4930533 — 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 4930533 — net $10,102.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,937.85	Rent arrears
Cleaning: and Rubbish Removal	$2,200.00	Cleaning: and Rubbish Removal
Lock/key replacement	$168.00	Lock/key replacement
Replace furnishings: - Curtains	$389.96	Replace furnishings: - Curtains
Repairs: Painting	$1,745.00	Repairs: Painting
Repairs: Carpet & Vinyl	$2,005.00	Repairs: Carpet & Vinyl
Repairs: Kitchen, Bath, Fence	$1,250.00	Repairs: Kitchen, Bath, Fence
Window repairs	$379.50	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,102.31
Total payable by Tenant to Landlord	$10,102.31

Claims and awards for application 4930533 — net $10,102.31 NZD. Verify on MoJ.

Rent arrears

Amount: $1,937.85
Awarded to: Landlord
Reason: Rent arrears

Cleaning: and Rubbish Removal

Amount: $2,200.00
Awarded to: Landlord
Reason: Cleaning: and Rubbish Removal

Lock/key replacement

Amount: $168.00
Awarded to: Landlord
Reason: Lock/key replacement

Replace furnishings: - Curtains

Amount: $389.96
Awarded to: Landlord
Reason: Replace furnishings: - Curtains

Repairs: Painting

Amount: $1,745.00
Awarded to: Landlord
Reason: Repairs: Painting

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage Rent arrears

Order

Jolene Iwingaro Ngariki must pay Maranello Property Investments Limited $10,102.31 1 immediately, calculated as shown in table below.
The landlord’s other claims are dismissed.

Reasons

Representatives of the landlord attended the hearing. The tenant did not attend. 1 This Order was recalled and reissued on 5 December 2024 to correct a calculation error in the Order issued on 7 October 2024. In all other respects, the decision is the same.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 1 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord has received the bond and applied that to the outstanding rent, leaving a balance owing of $1,937.85.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant did not return the keys.
The landlord claimed over $4,000 for cleaning, rubbish removal and some miscellaneous items. I have considered the invoices for $3,720.25 and $316.74 and the photographs provided by the landlord. The photographs do not establish cleaning and rubbish removal costs to the extent claimed by the landlord. Having regard to similar proved claims in the Tribunal, I award $2,200 for cleaning and rubbish removal.
The landlord provided a receipt for lock/key replacement. I award the amount claimed.

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.
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 following damage was caused during the tenancy: significant wall/paint damage, carpet and vinyl flooring destroyed, curtains ripped, kitchen toe kicks removed, bath damaged, fence graffitied, and palings removed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord claimed for a range of other miscellaneous and minor repairs, those issues were not proved and/or were regular landlord maintenance obligations at the end of any tenancy.
The landlord provided photographs and receipts for repairs. I have taken into account betterment and depreciation in relation to the painting, carpet and vinyl replacement. The amounts ordered are proved.
As the landlord was the successful party, I have also awarded reimbursement of the Tribunal application 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 4930533 — net $10,102.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,937.85	Rent arrears
Cleaning: and Rubbish Removal	$2,200.00	Cleaning: and Rubbish Removal
Lock/key replacement	$168.00	Lock/key replacement
Replace furnishings: - Curtains	$389.96	Replace furnishings: - Curtains
Repairs: Painting	$1,745.00	Repairs: Painting
Repairs: Carpet & Vinyl	$2,005.00	Repairs: Carpet & Vinyl
Repairs: Kitchen, Bath, Fence	$1,250.00	Repairs: Kitchen, Bath, Fence
Window repairs	$379.50	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,102.31
Total payable by Tenant to Landlord	$10,102.31

Claims and awards for application 4930533 — net $10,102.31 NZD. Verify on MoJ.

Rent arrears

Amount: $1,937.85
Awarded to: Landlord
Reason: Rent arrears

Cleaning: and Rubbish Removal

Amount: $2,200.00
Awarded to: Landlord
Reason: Cleaning: and Rubbish Removal

Lock/key replacement

Amount: $168.00
Awarded to: Landlord
Reason: Lock/key replacement

Replace furnishings: - Curtains

Amount: $389.96
Awarded to: Landlord
Reason: Replace furnishings: - Curtains

Repairs: Painting

Amount: $1,745.00
Awarded to: Landlord
Reason: Repairs: Painting

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage Rent arrears

Order

Jolene Iwingaro Ngariki must pay Maranello Property Investments Limited $10,102.31 1 immediately, calculated as shown in table below.
The landlord’s other claims are dismissed.

Reasons

Representatives of the landlord attended the hearing. The tenant did not attend. 1 This Order was recalled and reissued on 5 December 2024 to correct a calculation error in the Order issued on 7 October 2024. In all other respects, the decision is the same.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 1 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord has received the bond and applied that to the outstanding rent, leaving a balance owing of $1,937.85.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant did not return the keys.
The landlord claimed over $4,000 for cleaning, rubbish removal and some miscellaneous items. I have considered the invoices for $3,720.25 and $316.74 and the photographs provided by the landlord. The photographs do not establish cleaning and rubbish removal costs to the extent claimed by the landlord. Having regard to similar proved claims in the Tribunal, I award $2,200 for cleaning and rubbish removal.
The landlord provided a receipt for lock/key replacement. I award the amount claimed.

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.
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 following damage was caused during the tenancy: significant wall/paint damage, carpet and vinyl flooring destroyed, curtains ripped, kitchen toe kicks removed, bath damaged, fence graffitied, and palings removed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord claimed for a range of other miscellaneous and minor repairs, those issues were not proved and/or were regular landlord maintenance obligations at the end of any tenancy.
The landlord provided photographs and receipts for repairs. I have taken into account betterment and depreciation in relation to the painting, carpet and vinyl replacement. The amounts ordered are proved.
As the landlord was the successful party, I have also awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 4930533 — Property damage at Unit/Flat 5, 482 Hereford Street, Linwood, Christchurch

At a glance

Tenancy Tribunal case 4930533 — Property damage at Unit/Flat 5, 482 Hereford Street, Linwood, Christchurch

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