What was the outcome of Tenancy Tribunal case 5024029?

The tribunal order states: Taureen Cheryl ALLAN must pay Braziers Limited - As Agent For Lifen Zhou

How much money was awarded in case 5024029?

Cleaning: $333.00 awarded to landlord; Cleaning: $199.24 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $414.63 awarded to landlord; Property Damage: $2,254.13 awarded to landlord

What type of tenancy dispute was case 5024029?

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

Where can I read the official tribunal order for case 5024029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11919050-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5024029?

The tribunal order states: Taureen Cheryl ALLAN must pay Braziers Limited - As Agent For Lifen Zhou

How much money was awarded in case 5024029?

Cleaning: $333.00 awarded to landlord; Cleaning: $199.24 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $414.63 awarded to landlord; Property Damage: $2,254.13 awarded to landlord

What type of tenancy dispute was case 5024029?

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

Where can I read the official tribunal order for case 5024029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11919050-Tenancy_Tribunal_Order.pdf.

152 Brookside Terrace, Bryndwr, Christchurch 8053 Tenancy Tribunal Case 5024029 — Property damage

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Order

Claims and awards in Tenancy Tribunal application 5024029 — net $2,512.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$333.00	Carpet Cleaning
Cleaning	$199.24	Cleaning
Rubbish removal and garden work	$414.63	Rubbish removal and garden work
Repairs	$2,254.13	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,512.73
Total payable by Tenant to Landlord	$2,512.73

Taureen Cheryl ALLAN must pay Braziers Limited - As Agent For Lifen Zhou $2,512.73 immediately, calculated as shown in table below.

The Bond Centre is to pay the remaining bond of $715.27 (5923239-004) to Braziers Limited - As Agent For Lifen Zhou immediately.

I am satisfied that the application has been brought to the tenant’s attention and direct that the usual service requirements may be dispensed with.

Reasons

Ms Holdem attended the hearing for the landlord. The tenant did not attend. Service

This application was made more than two months following the end of the tenancy, but the landlord has provided evidence that the tenant responded to emails sent to the email address provided by the tenant as an address for service in the tenancy agreement. The tenant responded to emails from the landlord on 23 October 2024 and again on 3 February 2025.

I am satisfied that the application has been brought to the tenant’s attention and further attempts at service are not required.

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

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) Residential Tenancies Act 1986.

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

The landlord provided invoices and photographs to show that the interior of the properly required further cleaning to bring it to a reasonably clean and tidy level.

The landlord provided photographs to show that the carpets were badly stained and required professional cleaning to remove stains and wax debris.

Photographs also confirm that rubbish was left at the property and the garden was not weeded or tidied prior to the tenancy ending. The invoice included an amount for lawn mowing which did not look to be required. The invoiced amount has been reduced by $100.00 to remove the allowance for lawn mowing.

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.

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.

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: wall damage in hallway, bedroom one and sunroom, internal door damage, kitchen vinyl damage, and bedroom blind.

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.

I have reduced the claim for repairs to walls by 66% as the wall surfaces were close to the end of their reasonable life.

There was a replacement door included in this part of the invoice and doors can reasonably be expected to last longer than wall surfaces. Additionally, there were repairs required to damaged walls which would not have been necessary but for damage caused by this tenant, so the depreciation amount was adjusted to take these matters into account.

The amounts claimed for the kitchen vinyl and the bedroom blind were reduced by 33% as these were newer and in better repair but still at least five years old. Filing fee

As Braziers Limited - As Agent For Lifen Zhou has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5024029 — net $2,512.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$333.00	Carpet Cleaning
Cleaning	$199.24	Cleaning
Rubbish removal and garden work	$414.63	Rubbish removal and garden work
Repairs	$2,254.13	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,512.73
Total payable by Tenant to Landlord	$2,512.73

Taureen Cheryl ALLAN must pay Braziers Limited - As Agent For Lifen Zhou $2,512.73 immediately, calculated as shown in table below.

The Bond Centre is to pay the remaining bond of $715.27 (5923239-004) to Braziers Limited - As Agent For Lifen Zhou immediately.

I am satisfied that the application has been brought to the tenant’s attention and direct that the usual service requirements may be dispensed with.

Reasons

Ms Holdem attended the hearing for the landlord. The tenant did not attend. Service

I am satisfied that the application has been brought to the tenant’s attention and further attempts at service are not required.

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

Did the tenant comply with their obligations at the end of the tenancy?

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

The landlord provided invoices and photographs to show that the interior of the properly required further cleaning to bring it to a reasonably clean and tidy level.

The landlord provided photographs to show that the carpets were badly stained and required professional cleaning to remove stains and wax debris.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy: wall damage in hallway, bedroom one and sunroom, internal door damage, kitchen vinyl damage, and bedroom blind.

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 reduced the claim for repairs to walls by 66% as the wall surfaces were close to the end of their reasonable life.

The amounts claimed for the kitchen vinyl and the bedroom blind were reduced by 33% as these were newer and in better repair but still at least five years old. Filing fee

As Braziers Limited - As Agent For Lifen Zhou has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5024029 — Property damage at 152 Brookside Terrace, Bryndwr, Christchurch 8053

At a glance

Tenancy Tribunal case 5024029 — Property damage at 152 Brookside Terrace, Bryndwr, Christchurch 8053

At a glance

Award balance

Claims & awards

Order

Reasons

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

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