How much money was awarded in case 5016028?

Cleaning: $510.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4855906 D…: $27.00 awarded to landlord; Property Damage: $252.00 awarded to landlord; Rent Arrears: $1,202.14 awarded to landlord; Rubbish Removal: $843.53 awarded to landlord

What type of tenancy dispute was case 5016028?

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

Where can I read the official tribunal order for case 5016028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11278587-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5016028?

Cleaning: $510.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4855906 D…: $27.00 awarded to landlord; Property Damage: $252.00 awarded to landlord; Rent Arrears: $1,202.14 awarded to landlord; Rubbish Removal: $843.53 awarded to landlord

What type of tenancy dispute was case 5016028?

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

Where can I read the official tribunal order for case 5016028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11278587-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 24 Heywood Terrace, Richmond, Christchurch Tenancy Tribunal Case 5016028 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5016028?

The tribunal order states: Cameron Kettlewell must pay Layton Holdings Limited T/A Quinovic Properties

Order

Claims and awards in Tenancy Tribunal application 5016028 — net $1,061.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,202.14	Rent arrears
Previous order application 4855906 dated 09/08/2024	$27.00	Previous order application 4855906 dated 09/08/2024
Cleaning	$510.00	Cleaning
Rubbish removal: and repairs	$843.53	Rubbish removal: and repairs
Lock/key replacement	$252.00	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,061.67
Total payable by Tenant to Landlord	$1,061.67

Cameron Kettlewell must pay Layton Holdings Limited T/A Quinovic Properties Merivale As Agent As Agent For Ferne Osborne $1,061.67 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 9 August 2024 under application 4855906.

The Bond Centre is to pay the bond of $1,800.00 (5953282-002) to Layton Holdings Limited T/A Quinovic Properties Merivale As Agent As Agent For Ferne Osborne immediately.

Reasons

The landlord attended this video hearing.

The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.

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 2 September 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,202.14.

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 and return all keys and security devices See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos and an invoice for cleaning and rubbish removal in support of the claim.

The tenant did not return the keys.

The amounts ordered are proven.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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. The landlord is insured. The policy of insurance carries an excess of $900.00 on each and every claim.

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: • Window latches in the toilet and kitchen were broken. • Damage to lounge ceiling. • Damage to walls.

The landlord provided photos of the damage and an invoice for repairs.

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

The amounts ordered are proved.

On 9 August 2024 the Tribunal made an order relating to this tenancy, for reimbursement of the filing fee. The previous order is incorporated into this order for enforcement purposes.

As Layton Holdings Limited T/A Quinovic Properties Merivale As Agent As Agent For Ferne Osborne has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5016028 — net $1,061.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,202.14	Rent arrears
Previous order application 4855906 dated 09/08/2024	$27.00	Previous order application 4855906 dated 09/08/2024
Cleaning	$510.00	Cleaning
Rubbish removal: and repairs	$843.53	Rubbish removal: and repairs
Lock/key replacement	$252.00	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,061.67
Total payable by Tenant to Landlord	$1,061.67

Order

Cameron Kettlewell must pay Layton Holdings Limited T/A Quinovic Properties Merivale As Agent As Agent For Ferne Osborne $1,061.67 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 9 August 2024 under application 4855906.
The Bond Centre is to pay the bond of $1,800.00 (5953282-002) to Layton Holdings Limited T/A Quinovic Properties Merivale As Agent As Agent For Ferne Osborne immediately.

Reasons

The landlord attended this video hearing.
The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
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 2 September 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,202.14.

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 and return all keys and security devices See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos and an invoice for cleaning and rubbish removal in support of the claim.
The tenant did not return the keys.
The amounts ordered are proven.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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. The landlord is insured. The policy of insurance carries an excess of $900.00 on each and every claim.
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: • Window latches in the toilet and kitchen were broken. • Damage to lounge ceiling. • Damage to walls.
The landlord provided photos of the damage and an invoice for repairs.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
On 9 August 2024 the Tribunal made an order relating to this tenancy, for reimbursement of the filing fee. The previous order is incorporated into this order for enforcement purposes.
As Layton Holdings Limited T/A Quinovic Properties Merivale As Agent As Agent For Ferne Osborne has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5016028 — Rent arrears at Unit/Flat 1, 24 Heywood Terrace, Richmond, Christchurch

At a glance

Tenancy Tribunal case 5016028 — Rent arrears at Unit/Flat 1, 24 Heywood Terrace, Richmond, 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