What was the outcome of Tenancy Tribunal case 4988568?

The tribunal order states: Ujitha Prabodha Dasun Pinnagodage must pay Opes Property Management

How much money was awarded in case 4988568?

Cleaning: $195.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Landlord Expenses: $373.89 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $1,884.29 awarded to landlord; Ceiling And Wall: $297.28 awarded to landlord

What type of tenancy dispute was case 4988568?

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

Where can I read the official tribunal order for case 4988568?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11284052-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4988568?

The tribunal order states: Ujitha Prabodha Dasun Pinnagodage must pay Opes Property Management

How much money was awarded in case 4988568?

Cleaning: $195.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Landlord Expenses: $373.89 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $1,884.29 awarded to landlord; Ceiling And Wall: $297.28 awarded to landlord

What type of tenancy dispute was case 4988568?

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

Where can I read the official tribunal order for case 4988568?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11284052-Tenancy_Tribunal_Order.pdf.

95D Poulson Street, Addington, Christchurch 8024 Tenancy Tribunal Case 4988568 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4988568 — net $977.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/8/24	$1,884.29	Rent arrears to 15/8/24
Repairs: Ceiling and wall	$297.28	Repairs: Ceiling and wall
Landlord expenses	$373.89	Landlord expenses
Cleaning	$195.50	Cleaning
Repairs to Glass stove - insurance excess	$400.00	Repairs to Glass stove - insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$977.96
Total payable by Tenant to Landlord	$977.96

The landlord attended the hearing by video conference.

The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.

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

A mediator’s report records some claims have been agreed and I have been asked to include all matters in the Order. Where a claim has been agreed in the report I have recorded this below.

How much is owed for rent?

The tenancy ended on 15 August 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy is $1,884.29 and I make an order for the amount claimed. I make this order with the agreement of the parties. Landlord expenses

The tenancy was for a fixed term with a contractual end date of 23 February 2025. The landlord consented to an early termination of the fixed term tenancy.

Where are landlord consents to the early termination of a fixed term tenancy the landlord is entitled to recover the reasonable costs incurred as a result of the early termination. A landlord who seeks to recover expenses from a tenant must first provide an itemised account of the expenses to the tenant. See Section 44A of the Residential Tenancies Act 1986.

The landlord has provided an itemised account of the expenses incurred and I make an order for the full amount claimed of $373.89. I make this order with the agreement of the parties.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy. The landlord provided an outgoing inspection report and invoice which confirms the carpet required cleaning as it was stained and needed deodorising. The amount claimed was $195.50 and I make an order for the amount in full.

The amount ordered is proved. I make this order with the agreement of the parties.

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.

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). See section 49B(3)(a) RTA.

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). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) 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: a. The walls and ceiling in a bedroom were damaged. i. The damage appears likely to be from careless and intentional acts of the tenant. The amount claimed for the repair was $297.28 is ordered in full. I make this order with the agreement of the parties. b. The stovetop glass was cracked. i. The landlord said from experience stovetops can crack when heavy pots are placed on them, which appears likely to be the case here. I consider this damage likely to have been caused by a lack of care by the tenant when using the stove top. ii. The IR265 (general depreciation rates) states a stoves estimated useful life span is 8 years. The stove was new at the commencement of the tenancy in January 2023. The landlord claimed the insurance excess of $400.00 which is ordered in full. The quote for the repair was $787.75 therefore amount ordered take into account betterment and depreciation.

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 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. Bond

The bond has been paid to the landlord by the Bond Centre to offset the claims by agreement. Filing fee

Because the landlord has wholly succeeded with the claim I must reimburse the filing fee. Suppression

The landlord did not seek name suppression.

Claims and awards in Tenancy Tribunal application 4988568 — net $977.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/8/24	$1,884.29	Rent arrears to 15/8/24
Repairs: Ceiling and wall	$297.28	Repairs: Ceiling and wall
Landlord expenses	$373.89	Landlord expenses
Cleaning	$195.50	Cleaning
Repairs to Glass stove - insurance excess	$400.00	Repairs to Glass stove - insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$977.96
Total payable by Tenant to Landlord	$977.96

Order

Ujitha Prabodha Dasun Pinnagodage must pay Opes Property Management South Limited $977.96 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by video conference.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The landlord has applied for rent arrears, expenses, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
A mediator’s report records some claims have been agreed and I have been asked to include all matters in the Order. Where a claim has been agreed in the report I have recorded this below.

How much is owed for rent?

The tenancy ended on 15 August 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy is $1,884.29 and I make an order for the amount claimed. I make this order with the agreement of the parties. Landlord expenses
The tenancy was for a fixed term with a contractual end date of 23 February 2025. The landlord consented to an early termination of the fixed term tenancy.
Where are landlord consents to the early termination of a fixed term tenancy the landlord is entitled to recover the reasonable costs incurred as a result of the early termination. A landlord who seeks to recover expenses from a tenant must first provide an itemised account of the expenses to the tenant. See Section 44A of the Residential Tenancies Act 1986.
The landlord has provided an itemised account of the expenses incurred and I make an order for the full amount claimed of $373.89. I make this order with the agreement of the parties.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy. The landlord provided an outgoing inspection report and invoice which confirms the carpet required cleaning as it was stained and needed deodorising. The amount claimed was $195.50 and I make an order for the amount in full.
The amount ordered is proved. I make this order with the agreement of the parties.

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.
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). See section 49B(3)(a) RTA.
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). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) 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: a. The walls and ceiling in a bedroom were damaged. i. The damage appears likely to be from careless and intentional acts of the tenant. The amount claimed for the repair was $297.28 is ordered in full. I make this order with the agreement of the parties. b. The stovetop glass was cracked. i. The landlord said from experience stovetops can crack when heavy pots are placed on them, which appears likely to be the case here. I consider this damage likely to have been caused by a lack of care by the tenant when using the stove top. ii. The IR265 (general depreciation rates) states a stoves estimated useful life span is 8 years. The stove was new at the commencement of the tenancy in January 2023. The landlord claimed the insurance excess of $400.00 which is ordered in full. The quote for the repair was $787.75 therefore amount ordered take into account betterment and depreciation.
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 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. Bond
The bond has been paid to the landlord by the Bond Centre to offset the claims by agreement. Filing fee
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee. Suppression
The landlord did not seek name suppression.

Tenancy Tribunal case 4988568 — Rent arrears at 95D Poulson Street, Addington, Christchurch 8024

At a glance

Tenancy Tribunal case 4988568 — Rent arrears at 95D Poulson Street, Addington, Christchurch 8024

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