What was the outcome of Tenancy Tribunal case 5052736?

The tribunal order states: Dayna Richardson must pay Layton Holdings Limited trading as Quinovic

How much money was awarded in case 5052736?

Cleaning: $226.79 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Methamphetamine Test Report Fees X 3: $2,658.80 awarded to landlord; Previous Order Application 5008289 D…: $1,500.47 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Property Damage: $2,500.00 awarded to landlord; Rent Arrears: $74.28 awarded to landlord; Replace Wardrobe Rail: $196.08 awarded to landlord; Rubbish Removal: $248.98 awarded to landlord; WINZ - Tenancy Cost Recovery Credit: $2,000.00 awarded to tenant

What type of tenancy dispute was case 5052736?

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

Where can I read the official tribunal order for case 5052736?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11205743-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5052736?

The tribunal order states: Dayna Richardson must pay Layton Holdings Limited trading as Quinovic

How much money was awarded in case 5052736?

Cleaning: $226.79 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Methamphetamine Test Report Fees X 3: $2,658.80 awarded to landlord; Previous Order Application 5008289 D…: $1,500.47 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Property Damage: $2,500.00 awarded to landlord; Rent Arrears: $74.28 awarded to landlord; Replace Wardrobe Rail: $196.08 awarded to landlord; Rubbish Removal: $248.98 awarded to landlord; WINZ - Tenancy Cost Recovery Credit: $2,000.00 awarded to tenant

What type of tenancy dispute was case 5052736?

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

Where can I read the official tribunal order for case 5052736?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11205743-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 3, 258 Armagh Street, Christchurch Central, Tenancy Tribunal Case 5052736 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5052736 — net $4,932.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 4 October 2024	$74.28		Rent arrears to 4 October 2024
Previous order application 5008289 dated 01/10/2024	$1,500.47		Previous order application 5008289 dated 01/10/2024
Cleaning	$226.79		Cleaning
Rubbish removal	$248.98		Rubbish removal
Replace wardrobe rail	$196.08		Replace wardrobe rail
Methamphetamine test report fees x 3	$2,658.80		Methamphetamine test report fees x 3
6 x insurance excesses for the repair of damage	$1,500.00		6 x insurance excesses for the repair of damage
1 x insurance excess for methamphetamine remediation	$2,500.00		1 x insurance excess for methamphetamine remediation
Filing fee reimbursement	$27.00		Filing fee reimbursement
WINZ - tenancy cost recovery credit		$2,000.00	WINZ - tenancy cost recovery credit
Total award	$8,932.40	$2,000.00
Net award	$4,932.40
Total payable by Tenant to Landlord	$4,932.40

Dayna Richardson must pay Layton Holdings Limited trading as Quinovic Properties Merivale as agent for Danny Ashkettle $4,932.40 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $2,000.00 (6502246-006) to Layton Holdings Limited trading as Quinovic Properties Merivale as agent for Danny Ashkettle immediately.

Reasons

The landlord’s representatives attended the hearing. The tenant did not attend.

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 Tribunal terminated the tenancy by order dated 1 October 2024 and awarded rent arrears to the possession dated of 4 October 2024 – see [2024] NZTT 5008289.

The landlord has an additional claim for further rent arrears proven today.

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 (RTA).

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

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. Walls throughout the premises were damaged and required plaster and paint repairs. Skirting boards were damaged and curtain rails had been ripped off the walls. A wardrobe rail was missing.

The premises were contaminated with methamphetamine. Some of the detected and tested levels exceed 15μg/100cm² which is the threshold level for damage.

The landlord (owner) is insured for tenant damage, so the tenant’s liability is limited to the amounts the insurer applied for excesses on the insurance policy. The damage to the walls is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage due to methamphetamine contamination is intentional damage.

The amounts ordered are proved by invoices, photos, the insurance scope report, the methamphetamine test reports and by the evidence the landlord’s representatives gave at the hearing.

I have not applied any depreciation to the amounts claimed by the landlord as the premises were newly built at the start of the tenancy which lasted about 14 months.

I have deducted a credit the landlord received from Work & Income as part of the tenancy cost recovery programme.

As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Claims and awards in Tenancy Tribunal application 5052736 — net $4,932.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 4 October 2024	$74.28		Rent arrears to 4 October 2024
Previous order application 5008289 dated 01/10/2024	$1,500.47		Previous order application 5008289 dated 01/10/2024
Cleaning	$226.79		Cleaning
Rubbish removal	$248.98		Rubbish removal
Replace wardrobe rail	$196.08		Replace wardrobe rail
Methamphetamine test report fees x 3	$2,658.80		Methamphetamine test report fees x 3
6 x insurance excesses for the repair of damage	$1,500.00		6 x insurance excesses for the repair of damage
1 x insurance excess for methamphetamine remediation	$2,500.00		1 x insurance excess for methamphetamine remediation
Filing fee reimbursement	$27.00		Filing fee reimbursement
WINZ - tenancy cost recovery credit		$2,000.00	WINZ - tenancy cost recovery credit
Total award	$8,932.40	$2,000.00
Net award	$4,932.40
Total payable by Tenant to Landlord	$4,932.40

Order

Dayna Richardson must pay Layton Holdings Limited trading as Quinovic Properties Merivale as agent for Danny Ashkettle $4,932.40 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,000.00 (6502246-006) to Layton Holdings Limited trading as Quinovic Properties Merivale as agent for Danny Ashkettle immediately.

Reasons

The landlord’s representatives attended the hearing. The tenant did not attend.
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 Tribunal terminated the tenancy by order dated 1 October 2024 and awarded rent arrears to the possession dated of 4 October 2024 – see [2024] NZTT 5008289.
The landlord has an additional claim for further rent arrears proven today.

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

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. Walls throughout the premises were damaged and required plaster and paint repairs. Skirting boards were damaged and curtain rails had been ripped off the walls. A wardrobe rail was missing.
The premises were contaminated with methamphetamine. Some of the detected and tested levels exceed 15μg/100cm² which is the threshold level for damage.
The landlord (owner) is insured for tenant damage, so the tenant’s liability is limited to the amounts the insurer applied for excesses on the insurance policy. The damage to the walls is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage due to methamphetamine contamination is intentional damage.
The amounts ordered are proved by invoices, photos, the insurance scope report, the methamphetamine test reports and by the evidence the landlord’s representatives gave at the hearing.
I have not applied any depreciation to the amounts claimed by the landlord as the premises were newly built at the start of the tenancy which lasted about 14 months.
I have deducted a credit the landlord received from Work & Income as part of the tenancy cost recovery programme.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 5052736 — Property damage at Unit/Flat Unit 3, 258 Armagh Street, Christchurch Central,

At a glance

Tenancy Tribunal case 5052736 — Property damage at Unit/Flat Unit 3, 258 Armagh Street, Christchurch Central,

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