How much money was awarded in case 4931696?

Cleaning: $1,126.43 awarded to landlord; Cleaning: $105.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $438.96 awarded to landlord; Rent Overpayment: $257.14 awarded to tenant; Property Damage: $855.60 awarded to landlord; Dishwasher: $364.00 awarded to landlord; Property Damage: $226.55 awarded to landlord; Repaint Replaced Windows: $253.00 awarded to landlord; Replace furnishings: heat pump remot…: $50.00 awarded to landlord; Returned: $135.00 awarded to landlord; Rubbish Removal: $937.25 awarded to landlord; Smoke Alarms: $25.83 awarded to landlord; Property Damage: $414.35 awarded to landlord

What type of tenancy dispute was case 4931696?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4931696?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10759092-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4931696?

Cleaning: $1,126.43 awarded to landlord; Cleaning: $105.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $438.96 awarded to landlord; Rent Overpayment: $257.14 awarded to tenant; Property Damage: $855.60 awarded to landlord; Dishwasher: $364.00 awarded to landlord; Property Damage: $226.55 awarded to landlord; Repaint Replaced Windows: $253.00 awarded to landlord; Replace furnishings: heat pump remot…: $50.00 awarded to landlord; Returned: $135.00 awarded to landlord; Rubbish Removal: $937.25 awarded to landlord; Smoke Alarms: $25.83 awarded to landlord; Property Damage: $414.35 awarded to landlord

What type of tenancy dispute was case 4931696?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4931696?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10759092-Tenancy_Tribunal_Order.pdf.

28 Cottonwood Street, Parklands, Christchurch 8083 Tenancy Tribunal Case 4931696 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4931696?

The tribunal order states: Rebecca Averill Eggers must pay Accommodation Centre Limited T/A Harcourts

Order

Claims and awards in Tenancy Tribunal application 4931696 — net $3,163.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$1,126.43		Cleaning
Cleaning: emptying and cleaning council bins	$105.00		Cleaning: emptying and cleaning council bins
Rubbish removal	$937.25		Rubbish removal
Lock/key replacement: all locks and keys as keys not	$438.96		Lock/key replacement: all locks and keys as keys not
returned	$135.00		returned
Replace smoke alarms	$25.83		Replace smoke alarms
Replace furnishings: heat pump remote (second hand	$50.00		Replace furnishings: heat pump remote (second hand
Window repairs: bed and living room windows	$414.35		Window repairs: bed and living room windows
Repairs: damaged walls 2x lounge and 1x bedroom	$855.60		Repairs: damaged walls 2x lounge and 1x bedroom
Repairs: dishwasher	$364.00		Repairs: dishwasher
Repairs: repaint replaced windows	$253.00		Repairs: repaint replaced windows
Repairs: reinstall damaged towel rail	$226.55		Repairs: reinstall damaged towel rail
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent overpayment		$257.14	Rent overpayment
Total award	$4,958.97	$257.14
Net award	$3,163.70
Total payable by Tenant to Landlord	$3,163.70

Rebecca Averill Eggers must pay Accommodation Centre Limited T/A Harcourts As Agent For R Battersby $3,163.70 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,538.13 (3035970-010) to Accommodation Centre Limited T/A Harcourts As Agent For R Battersby immediately.

Reasons

Mr Siebert attended the hearing on behalf of the landlord. The tenant did not attend.

The landlord has applied for compensation, refund of the remaining bond, and reimbursement of the filing fee following the end of the tenancy. Rent credit

The tenancy ended, pursuant to a Tribunal Order (4843322), on 8 May 2024. Rent was paid under that order to that date.

The tenant did not remove all of her possessions from the outside of the property and was given to 12 May 2024 to do so (four additional days being, $342.86 additional rent)

The tenant paid an additional week of rent after the tenancy had ended ($600.00) leaving a credit balance of $257.14.

Despite assuring the landlord that she would attend to removal of the remaining items, she did not remove all remining furnishings and other items from the outside of the premises and the landlord disposed of these after 12 May 2024.

The landlord provided rent records which show the credit amount which has been set off against the amounts ordered above.

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 under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act). The tenant is required to replace worn out smoke alarm batteries during the tenancy under section 40(1)(ca) of the Act.

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

The landlord provided invoices and photographs to show that the property was not left reasonably clean and tidy at the end of the tenancy and the tenant left large amounts of unwanted personal possessions and furniture outside the property.

The council bins were left contaminated and were not emptied or cleaned.

The tenant did not return the keys and invoices were provided for replacement of all locks and removal of a lock put on the bedroom door by the tenant (for which no key was provided).

The following chattels were missing at the end of the tenancy: one smoke alarm and one heat pump remote control.

Invoices were provided to show amounts spent to replace and repair locks and to replace missing items.

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 under sections 40(2)(a), 41 and 49B of the Act.

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) under section 49B(3)(a) of the Act.

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) under section 49B(3)(b) of the Act. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage under section 49B(3A)(a) of the Act.

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 under section 49B(1) of the Act.

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).

During the tenancy” a. Two windows were broken (lounge and bedroom) and had to be reglazed. b. The broken window surrounds had to be repainted once the putty was dry. c. Three walls were damaged (2x lounge and 1x bedroom) and had to be repaired and repainted. d. The dishwasher was damaged, and parts were missing and had to be replaced. e. A heated towel rail had been detached from the wall and had to be reattached.

Invoices were provided to prove the amounts owing.

A quotation was provided for the repainting of the repaired windows as the work could not be completed until the putty dried, and the tradesperson was available to complete the work.

The amounts ordered are proved.

As Accommodation Centre Limited T/A Harcourts As Agent For R Battersby has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4931696 — net $3,163.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$1,126.43		Cleaning
Cleaning: emptying and cleaning council bins	$105.00		Cleaning: emptying and cleaning council bins
Rubbish removal	$937.25		Rubbish removal
Lock/key replacement: all locks and keys as keys not	$438.96		Lock/key replacement: all locks and keys as keys not
returned	$135.00		returned
Replace smoke alarms	$25.83		Replace smoke alarms
Replace furnishings: heat pump remote (second hand	$50.00		Replace furnishings: heat pump remote (second hand
Window repairs: bed and living room windows	$414.35		Window repairs: bed and living room windows
Repairs: damaged walls 2x lounge and 1x bedroom	$855.60		Repairs: damaged walls 2x lounge and 1x bedroom
Repairs: dishwasher	$364.00		Repairs: dishwasher
Repairs: repaint replaced windows	$253.00		Repairs: repaint replaced windows
Repairs: reinstall damaged towel rail	$226.55		Repairs: reinstall damaged towel rail
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent overpayment		$257.14	Rent overpayment
Total award	$4,958.97	$257.14
Net award	$3,163.70
Total payable by Tenant to Landlord	$3,163.70

Order

Rebecca Averill Eggers must pay Accommodation Centre Limited T/A Harcourts As Agent For R Battersby $3,163.70 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,538.13 (3035970-010) to Accommodation Centre Limited T/A Harcourts As Agent For R Battersby immediately.

Reasons

Mr Siebert attended the hearing on behalf of the landlord. The tenant did not attend.
The landlord has applied for compensation, refund of the remaining bond, and reimbursement of the filing fee following the end of the tenancy. Rent credit
The tenancy ended, pursuant to a Tribunal Order (4843322), on 8 May 2024. Rent was paid under that order to that date.
The tenant did not remove all of her possessions from the outside of the property and was given to 12 May 2024 to do so (four additional days being, $342.86 additional rent)
The tenant paid an additional week of rent after the tenancy had ended ($600.00) leaving a credit balance of $257.14.
Despite assuring the landlord that she would attend to removal of the remaining items, she did not remove all remining furnishings and other items from the outside of the premises and the landlord disposed of these after 12 May 2024.
The landlord provided rent records which show the credit amount which has been set off against the amounts ordered above.

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 under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act). The tenant is required to replace worn out smoke alarm batteries during the tenancy under section 40(1)(ca) of the Act.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided invoices and photographs to show that the property was not left reasonably clean and tidy at the end of the tenancy and the tenant left large amounts of unwanted personal possessions and furniture outside the property.
The council bins were left contaminated and were not emptied or cleaned.
The tenant did not return the keys and invoices were provided for replacement of all locks and removal of a lock put on the bedroom door by the tenant (for which no key was provided).
The following chattels were missing at the end of the tenancy: one smoke alarm and one heat pump remote control.
Invoices were provided to show amounts spent to replace and repair locks and to replace missing items.
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 under sections 40(2)(a), 41 and 49B of the Act.
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) under section 49B(3)(a) of the Act.
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) under section 49B(3)(b) of the Act. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage under section 49B(3A)(a) of the Act.
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 under section 49B(1) of the Act.
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).
During the tenancy” a. Two windows were broken (lounge and bedroom) and had to be reglazed. b. The broken window surrounds had to be repainted once the putty was dry. c. Three walls were damaged (2x lounge and 1x bedroom) and had to be repaired and repainted. d. The dishwasher was damaged, and parts were missing and had to be replaced. e. A heated towel rail had been detached from the wall and had to be reattached.
Invoices were provided to prove the amounts owing.
A quotation was provided for the repainting of the repaired windows as the work could not be completed until the putty dried, and the tradesperson was available to complete the work.
The amounts ordered are proved.
As Accommodation Centre Limited T/A Harcourts As Agent For R Battersby has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4931696 — Property damage at 28 Cottonwood Street, Parklands, Christchurch 8083

At a glance

Tenancy Tribunal case 4931696 — Property damage at 28 Cottonwood Street, Parklands, Christchurch 8083

At a glance

Award balance

Claims & awards

Order

Reasons

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

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