What was the outcome of Tenancy Tribunal case 4978048?

The tribunal order states: Josh Ross Le Breton must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 4978048?

Cut Grass: $49.54 awarded to landlord; Property Damage: $72.81 awarded to landlord; Rent Arrears: $7,789.72 awarded to landlord; Rubbish Removal: $410.30 awarded to landlord

What type of tenancy dispute was case 4978048?

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

Where can I read the official tribunal order for case 4978048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11142178-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4978048?

The tribunal order states: Josh Ross Le Breton must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 4978048?

Cut Grass: $49.54 awarded to landlord; Property Damage: $72.81 awarded to landlord; Rent Arrears: $7,789.72 awarded to landlord; Rubbish Removal: $410.30 awarded to landlord

What type of tenancy dispute was case 4978048?

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

Where can I read the official tribunal order for case 4978048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11142178-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 15 Roxburgh Street, Sydenham, Christchurch Tenancy Tribunal Case 4978048 — Rent arrears

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Unit/Flat 1, 15 Roxburgh Street, Sydenham, Christchurch Tenancy Tribunal Case 4978048 — 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 4978048 — net $8,322.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 June 2024	$7,789.72	Rent arrears to 26 June 2024
Repair hole in the wall	$72.81	Repair hole in the wall
Cut grass	$49.54	Cut grass
Rubbish removal	$410.30	Rubbish removal
Net award	$8,322.37
Total payable by Tenant to Landlord	$8,322.37

Claims and awards for application 4978048 — net $8,322.37 NZD. Verify on MoJ.

Rent arrears to 26 June 2024

Amount: $7,789.72
Awarded to: Landlord
Reason: Rent arrears to 26 June 2024

Repair hole in the wall

Amount: $72.81
Awarded to: Landlord
Reason: Repair hole in the wall

Cut grass

Amount: $49.54
Awarded to: Landlord
Reason: Cut grass

Rubbish removal

Amount: $410.30
Awarded to: Landlord
Reason: Rubbish removal

Net award

Landlord $8,322.37

Total payable by Tenant to Landlord

Landlord $8,322.37

Claim types — money lines allowed on this order

Property damage Rent arrears Rubbish Removal

Order

Josh Ross Le Breton must pay Kāinga Ora–Homes And Communities $8,322.37 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing which was held on 27 November 2024. The Tribunal was unable to contact the other party on the contact number provided in the application. I was satisfied that adequate service of the hearing notice had been complete and therefore proceeded with the hearing in the other party’s absence.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 26 June 2024. The landlord provided rent records which prove the amount owing.

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) RTA.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photographic evidence demonstrating that the grass was overgrown, and several items, including tyres, were left scattered throughout the property, particularly outdoors.
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. See sections 40(2)(a), 41 and 49B RTA.
The following damage was caused during the tenancy: a hole in the wall behind the door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

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 4978048 — net $8,322.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 June 2024	$7,789.72	Rent arrears to 26 June 2024
Repair hole in the wall	$72.81	Repair hole in the wall
Cut grass	$49.54	Cut grass
Rubbish removal	$410.30	Rubbish removal
Net award	$8,322.37
Total payable by Tenant to Landlord	$8,322.37

Claims and awards for application 4978048 — net $8,322.37 NZD. Verify on MoJ.

Rent arrears to 26 June 2024

Amount: $7,789.72
Awarded to: Landlord
Reason: Rent arrears to 26 June 2024

Repair hole in the wall

Amount: $72.81
Awarded to: Landlord
Reason: Repair hole in the wall

Cut grass

Amount: $49.54
Awarded to: Landlord
Reason: Cut grass

Rubbish removal

Amount: $410.30
Awarded to: Landlord
Reason: Rubbish removal

Net award

Landlord $8,322.37

Total payable by Tenant to Landlord

Landlord $8,322.37

Claim types — money lines allowed on this order

Property damage Rent arrears Rubbish Removal

Order

Josh Ross Le Breton must pay Kāinga Ora–Homes And Communities $8,322.37 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing which was held on 27 November 2024. The Tribunal was unable to contact the other party on the contact number provided in the application. I was satisfied that adequate service of the hearing notice had been complete and therefore proceeded with the hearing in the other party’s absence.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 26 June 2024. The landlord provided rent records which prove the amount owing.

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) RTA.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photographic evidence demonstrating that the grass was overgrown, and several items, including tyres, were left scattered throughout the property, particularly outdoors.
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. See sections 40(2)(a), 41 and 49B RTA.
The following damage was caused during the tenancy: a hole in the wall behind the door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 4978048 — Rent arrears at Unit/Flat 1, 15 Roxburgh Street, Sydenham, Christchurch

At a glance

Tenancy Tribunal case 4978048 — Rent arrears at Unit/Flat 1, 15 Roxburgh Street, Sydenham, 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

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

Frequently asked questions