What was the outcome of Tenancy Tribunal case 5007108?

The tribunal order states: Everly Henry and Bobby Maaka must pay A1 Property Managers Limited As

How much money was awarded in case 5007108?

By Tenant: $1,977.00 awarded to landlord; Cleaning: $160.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $195.50 awarded to landlord; Property Damage: $423.45 awarded to landlord; Rent Due From 4/9/2024 To End Of Ten…: $445.71 awarded to tenant; Refit Electric Towel Rail: $87.40 awarded to landlord; Property Damage: $402.50 awarded to landlord; Replace furnishings: Cook top and Mi…: $1,022.22 awarded to landlord

What type of tenancy dispute was case 5007108?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5007108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10941358-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5007108?

The tribunal order states: Everly Henry and Bobby Maaka must pay A1 Property Managers Limited As

How much money was awarded in case 5007108?

By Tenant: $1,977.00 awarded to landlord; Cleaning: $160.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $195.50 awarded to landlord; Property Damage: $423.45 awarded to landlord; Rent Due From 4/9/2024 To End Of Ten…: $445.71 awarded to tenant; Refit Electric Towel Rail: $87.40 awarded to landlord; Property Damage: $402.50 awarded to landlord; Replace furnishings: Cook top and Mi…: $1,022.22 awarded to landlord

What type of tenancy dispute was case 5007108?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5007108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10941358-Tenancy_Tribunal_Order.pdf.

139A Fitzgerald Avenue, Christchurch Central, Christchurch Tenancy Tribunal Case 5007108 — Property damage

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139A Fitzgerald Avenue, Christchurch Central, Christchurch Tenancy Tribunal Case 5007108 — 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 5007108 — net $2,289.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
by tenant	$1,977.00		by tenant
Cleaning	$160.00		Cleaning
Lawns and Garden work: rubbish removal, cleaning CCC	$195.50		Lawns and Garden work: rubbish removal, cleaning CCC
Lock/key replacement	$423.45		Lock/key replacement
Replace furnishings: Cook top and Microwave-combi	$1,022.22		Replace furnishings: Cook top and Microwave-combi
Repairs: Refit electric towel rail	$87.40		Repairs: Refit electric towel rail
Repairs: repair damage to walls, plaster and repaint	$402.50		Repairs: repair damage to walls, plaster and repaint
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent due from 4/9/2024 to end of tenancy less rent paid		$445.71	Rent due from 4/9/2024 to end of tenancy less rent paid
Total award	$4,295.07	$445.71
Net award	$2,289.36
Total payable by Tenant to Landlord	$2,289.36

Claims and awards for application 5007108 — net $2,289.36 NZD. Verify on MoJ.

by tenant

Amount: $1,977.00
Awarded to: Landlord
Reason: by tenant

Cleaning

Amount: $160.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work: rubbish removal, cleaning CCC

Amount: $195.50
Awarded to: Landlord
Reason: Lawns and Garden work: rubbish removal, cleaning CCC

Lock/key replacement

Amount: $423.45
Awarded to: Landlord
Reason: Lock/key replacement

Replace furnishings: Cook top and Microwave-combi

Amount: $1,022.22
Awarded to: Landlord
Reason: Replace furnishings: Cook top and Microwave-combi

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage

Order

Everly Henry and Bobby Maaka must pay A1 Property Managers Limited As Agent For Zoe Moore $2,289.36 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,560.00 (6539636-003) to A1 Property Managers Limited As Agent For Zoe Moore immediately.

Reasons

Ms Price and Ms Edwards parties attended the hearing on behalf of the landlord. The tenant did not attend.
The tenancy ended on 16 September 2024 following a conditional order of the Tribunal dated 3 September 2024.
The monetary order contained in order 4949534 is incorporated in this order.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 16 September 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
As at the date of the previous order (3 September 2024) the tenants owed $1,950.00 in rent arrears.
An additional rent debt of $724.29 accrued between that date and the date the tenancy ended.
The tenants made payments amounting to $1,170.00.
This left rent arrears outstanding at the end of the tenancy of $1,504.29.
The amount ordered is 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 invoices and photographs to support claims of $160.00 for cleaning and $195.50 for CCC bin cleaning, rubbish removal, lawn repair and disposal of tenants’ possessions left at the tenancy address.
The tenant did not return the keys.
The landlord provided an invoice in the sum, of $423.45 for rekeying two external door locks.
The following chattels were missing at the end of the tenancy: a Breville combi- microwave bench top oven and Twin induction hotplate.
The landlord provided invoices and photographs to support the amount claimed for these items which included $40.25 for dumping packaging, $698.00 for the oven and 283.97 for the replacement cooktop (total $1,022.22).
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.
The premises was brand new at the beginning of the tenancy and the total tenancy was less than three months long.
During the tenancy the tenant caused an electric towel rail to come loose, and this had to be refitted by an electrician at a cost of $87.40.
Damage was caused to some areas of walls at the premises. This had to be plastered and repainted at a cost of $402.50.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Given the premises was a new build and the tenancy short in duration, I do not consider that any depreciation is appropriate in this case.
As A1 Property Managers Limited As Agent For Zoe Moore 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 5007108 — net $2,289.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
by tenant	$1,977.00		by tenant
Cleaning	$160.00		Cleaning
Lawns and Garden work: rubbish removal, cleaning CCC	$195.50		Lawns and Garden work: rubbish removal, cleaning CCC
Lock/key replacement	$423.45		Lock/key replacement
Replace furnishings: Cook top and Microwave-combi	$1,022.22		Replace furnishings: Cook top and Microwave-combi
Repairs: Refit electric towel rail	$87.40		Repairs: Refit electric towel rail
Repairs: repair damage to walls, plaster and repaint	$402.50		Repairs: repair damage to walls, plaster and repaint
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent due from 4/9/2024 to end of tenancy less rent paid		$445.71	Rent due from 4/9/2024 to end of tenancy less rent paid
Total award	$4,295.07	$445.71
Net award	$2,289.36
Total payable by Tenant to Landlord	$2,289.36

Claims and awards for application 5007108 — net $2,289.36 NZD. Verify on MoJ.

by tenant

Amount: $1,977.00
Awarded to: Landlord
Reason: by tenant

Cleaning

Amount: $160.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work: rubbish removal, cleaning CCC

Amount: $195.50
Awarded to: Landlord
Reason: Lawns and Garden work: rubbish removal, cleaning CCC

Lock/key replacement

Amount: $423.45
Awarded to: Landlord
Reason: Lock/key replacement

Replace furnishings: Cook top and Microwave-combi

Amount: $1,022.22
Awarded to: Landlord
Reason: Replace furnishings: Cook top and Microwave-combi

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage

Order

Everly Henry and Bobby Maaka must pay A1 Property Managers Limited As Agent For Zoe Moore $2,289.36 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,560.00 (6539636-003) to A1 Property Managers Limited As Agent For Zoe Moore immediately.

Reasons

Ms Price and Ms Edwards parties attended the hearing on behalf of the landlord. The tenant did not attend.
The tenancy ended on 16 September 2024 following a conditional order of the Tribunal dated 3 September 2024.
The monetary order contained in order 4949534 is incorporated in this order.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 16 September 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
As at the date of the previous order (3 September 2024) the tenants owed $1,950.00 in rent arrears.
An additional rent debt of $724.29 accrued between that date and the date the tenancy ended.
The tenants made payments amounting to $1,170.00.
This left rent arrears outstanding at the end of the tenancy of $1,504.29.
The amount ordered is 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 invoices and photographs to support claims of $160.00 for cleaning and $195.50 for CCC bin cleaning, rubbish removal, lawn repair and disposal of tenants’ possessions left at the tenancy address.
The tenant did not return the keys.
The landlord provided an invoice in the sum, of $423.45 for rekeying two external door locks.
The following chattels were missing at the end of the tenancy: a Breville combi- microwave bench top oven and Twin induction hotplate.
The landlord provided invoices and photographs to support the amount claimed for these items which included $40.25 for dumping packaging, $698.00 for the oven and 283.97 for the replacement cooktop (total $1,022.22).
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.
The premises was brand new at the beginning of the tenancy and the total tenancy was less than three months long.
During the tenancy the tenant caused an electric towel rail to come loose, and this had to be refitted by an electrician at a cost of $87.40.
Damage was caused to some areas of walls at the premises. This had to be plastered and repainted at a cost of $402.50.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Given the premises was a new build and the tenancy short in duration, I do not consider that any depreciation is appropriate in this case.
As A1 Property Managers Limited As Agent For Zoe Moore has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5007108 — Property damage at 139A Fitzgerald Avenue, Christchurch Central, Christchurch

At a glance

Tenancy Tribunal case 5007108 — Property damage at 139A Fitzgerald Avenue, Christchurch Central, 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

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