What was the outcome of Tenancy Tribunal case 4945735?

The tribunal order states: Rangimaria Lucy Chase Crawford to pay Seddon Street Property Management

How much money was awarded in case 4945735?

Break Lease Fee: $404.14 awarded to landlord; Filing Fee: $27.00 awarded to landlord; To Exterior Of House: $475.66 awarded to landlord; Rubbish Removal: $179.00 awarded to landlord

What type of tenancy dispute was case 4945735?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4945735?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10983880-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4945735?

The tribunal order states: Rangimaria Lucy Chase Crawford to pay Seddon Street Property Management

How much money was awarded in case 4945735?

Break Lease Fee: $404.14 awarded to landlord; Filing Fee: $27.00 awarded to landlord; To Exterior Of House: $475.66 awarded to landlord; Rubbish Removal: $179.00 awarded to landlord

What type of tenancy dispute was case 4945735?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4945735?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10983880-Tenancy_Tribunal_Order.pdf.

34C Stafford Street, Shannon, Shannon 4821 Tenancy Tribunal Case 4945735 — Property damage

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34C Stafford Street, Shannon, Shannon 4821 Tenancy Tribunal Case 4945735 — 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 4945735 — net $1,085.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: to exterior of house	$475.66	Repairs: to exterior of house
Rubbish removal	$179.00	Rubbish removal
Break lease fee	$404.14	Break lease fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,085.80
Bond	$1,254.56
Total payable by Tenant to Landlord	$1,085.80

Claims and awards for application 4945735 — net $1,085.80 NZD. Verify on MoJ.

Repairs: to exterior of house

Amount: $475.66
Awarded to: Landlord
Reason: Repairs: to exterior of house

Rubbish removal

Amount: $179.00
Awarded to: Landlord
Reason: Rubbish removal

Break lease fee

Amount: $404.14
Awarded to: Landlord
Reason: Break lease fee

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,085.80

Bond

Landlord $1,254.56

Total payable by Tenant to Landlord

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal

Order

Rangimaria Lucy Chase Crawford to pay Seddon Street Property Management Limited As Agent For Catherine Geraghty $1,085.80 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,254.56 (6526844-009) immediately apportioned as follows: Seddon Street Property Management Limited As Agent For Catherine Geraghty: $1,085.80 Rangimaria Lucy Chase Crawford: $168.76

Reasons

Only the applicant landlord attended the hearing. The tenant could not be contacted, despite multiple calls to her cell phone.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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 remove all rubbish.
The amount ordered is proved by the invoice and photographs provided. Is the tenant responsible for the costs associated with breaking the fixed term contract early?
The tenancy was for a fixed term due to end in March 2025.
As the tenant has broken that contract, she is liable to pay the costs associated with reletting the premises, which are actual and reasonable costs as established by the breakdown provided.

Is the tenant responsible for the costs of repairing 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: the exterior weatherboards of the house were damaged and required replacement and repainting. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The amount ordered is for actual repair costs only. The landlord is returned only to the position they would have been in had the tenant not breached their obligations.
Because Seddon Street Property Management Limited As Agent For Catherine Geraghty has wholly succeeded with the claim I must reimburse the 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 4945735 — net $1,085.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: to exterior of house	$475.66	Repairs: to exterior of house
Rubbish removal	$179.00	Rubbish removal
Break lease fee	$404.14	Break lease fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,085.80
Bond	$1,254.56
Total payable by Tenant to Landlord	$1,085.80

Claims and awards for application 4945735 — net $1,085.80 NZD. Verify on MoJ.

Repairs: to exterior of house

Amount: $475.66
Awarded to: Landlord
Reason: Repairs: to exterior of house

Rubbish removal

Amount: $179.00
Awarded to: Landlord
Reason: Rubbish removal

Break lease fee

Amount: $404.14
Awarded to: Landlord
Reason: Break lease fee

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,085.80

Bond

Landlord $1,254.56

Total payable by Tenant to Landlord

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal

Order

Rangimaria Lucy Chase Crawford to pay Seddon Street Property Management Limited As Agent For Catherine Geraghty $1,085.80 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,254.56 (6526844-009) immediately apportioned as follows: Seddon Street Property Management Limited As Agent For Catherine Geraghty: $1,085.80 Rangimaria Lucy Chase Crawford: $168.76

Reasons

Only the applicant landlord attended the hearing. The tenant could not be contacted, despite multiple calls to her cell phone.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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 remove all rubbish.
The amount ordered is proved by the invoice and photographs provided. Is the tenant responsible for the costs associated with breaking the fixed term contract early?
The tenancy was for a fixed term due to end in March 2025.
As the tenant has broken that contract, she is liable to pay the costs associated with reletting the premises, which are actual and reasonable costs as established by the breakdown provided.

Is the tenant responsible for the costs of repairing 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: the exterior weatherboards of the house were damaged and required replacement and repainting. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The amount ordered is for actual repair costs only. The landlord is returned only to the position they would have been in had the tenant not breached their obligations.
Because Seddon Street Property Management Limited As Agent For Catherine Geraghty has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4945735 — Property damage at 34C Stafford Street, Shannon, Shannon 4821

At a glance

Tenancy Tribunal case 4945735 — Property damage at 34C Stafford Street, Shannon, Shannon 4821

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 costs of repairing 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 costs of repairing damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions