What was the outcome of Tenancy Tribunal case 4951015?

The tribunal order states: Dionysia Keen must pay Birds Nest Property Management Limited As Agent

How much money was awarded in case 4951015?

Break Lease Costs: $299.00 awarded to landlord; Cleaning: $175.20 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,785.71 awarded to landlord; Skirting, Windowsill And Stairwell: $400.00 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord

What type of tenancy dispute was case 4951015?

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

Where can I read the official tribunal order for case 4951015?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10785690-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4951015?

The tribunal order states: Dionysia Keen must pay Birds Nest Property Management Limited As Agent

How much money was awarded in case 4951015?

Break Lease Costs: $299.00 awarded to landlord; Cleaning: $175.20 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,785.71 awarded to landlord; Skirting, Windowsill And Stairwell: $400.00 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord

What type of tenancy dispute was case 4951015?

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

Where can I read the official tribunal order for case 4951015?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10785690-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 675 Worcester Street, Linwood, Christchurch Tenancy Tribunal Case 4951015 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4951015 — net $986.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,785.71		Rent arrears
Cleaning	$175.20		Cleaning
Rubbish removal	$300.00		Rubbish removal
Break lease costs	$299.00		Break lease costs
Repairs: skirting, windowsill and stairwell	$400.00		Repairs: skirting, windowsill and stairwell
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond already paid to landlord by consent		$2,000.00	Bond already paid to landlord by consent
Total award	$2,986.91	$2,000.00
Net award	$986.91
Total payable by Tenant to Landlord	$986.91

Ms Bird attended the hearing on behalf of the landlord.

The tenant did not attend.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

The bond has already been paid to the landlord by mutual agreement.

The tenancy began on 8 January 2024 and was fixed to 12 January 2025.

At the tenant’s request, the landlord consented to end the fixed term tenancy early on payment of certain costs and with rent to be paid until a new tenant was secured for the property.

How much is owed for rent and break lease fees?

The tenancy ended on 4 July 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy being $1,785.71.

The landlord held viewings of the property and advertised the property for rent on Trade-me at a total cost of $299.00. The tenant had agreed to cover these costs as part of the break lease agreement.

These amounts are proved.

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

The landlord provided an invoice for further cleaning that was required to bring the property to a reasonably clean and tidy state ($175.20).

The tenant was given an opportunity to dispose of rubbish left at the property at the end of the tenancy but did not do so. Rubbish had to be removed at a cost of $300.00.

The landlord provided photographs and invoices to support these claims.

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 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.

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.

The landlord provided evidence that a skirting, stairwell, and various walls were damaged during the tenancy.

The cost to repair the damage was $400.00.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

As the property had been almost fully repainted before this tenancy began in January this year, no depreciation is required.

As Birds Nest Property Management Limited As Agent For Jayson Ross And Kathy Hammil has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4951015 — net $986.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,785.71		Rent arrears
Cleaning	$175.20		Cleaning
Rubbish removal	$300.00		Rubbish removal
Break lease costs	$299.00		Break lease costs
Repairs: skirting, windowsill and stairwell	$400.00		Repairs: skirting, windowsill and stairwell
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond already paid to landlord by consent		$2,000.00	Bond already paid to landlord by consent
Total award	$2,986.91	$2,000.00
Net award	$986.91
Total payable by Tenant to Landlord	$986.91

Order

Dionysia Keen must pay Birds Nest Property Management Limited As Agent For Jayson Ross And Kathy Hammil $986.91 immediately, calculated as shown in table below.

Reasons

Ms Bird attended the hearing on behalf of the landlord.
The tenant did not attend.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
The bond has already been paid to the landlord by mutual agreement.
The tenancy began on 8 January 2024 and was fixed to 12 January 2025.
At the tenant’s request, the landlord consented to end the fixed term tenancy early on payment of certain costs and with rent to be paid until a new tenant was secured for the property.

How much is owed for rent and break lease fees?

The tenancy ended on 4 July 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy being $1,785.71.
The landlord held viewings of the property and advertised the property for rent on Trade-me at a total cost of $299.00. The tenant had agreed to cover these costs as part of the break lease agreement.
These amounts are proved.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided an invoice for further cleaning that was required to bring the property to a reasonably clean and tidy state ($175.20).
The tenant was given an opportunity to dispose of rubbish left at the property at the end of the tenancy but did not do so. Rubbish had to be removed at a cost of $300.00.
The landlord provided photographs and invoices to support these claims.
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 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.
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.
The landlord provided evidence that a skirting, stairwell, and various walls were damaged during the tenancy.
The cost to repair the damage was $400.00.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As the property had been almost fully repainted before this tenancy began in January this year, no depreciation is required.
As Birds Nest Property Management Limited As Agent For Jayson Ross And Kathy Hammil has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4951015 — Rent arrears at Unit/Flat 3, 675 Worcester Street, Linwood, Christchurch

At a glance

Tenancy Tribunal case 4951015 — Rent arrears at Unit/Flat 3, 675 Worcester Street, Linwood, Christchurch

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and break lease fees?

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 and break lease fees?

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