What was the outcome of Tenancy Tribunal case 5054552?

The tribunal order states: The tenancy of Marion Emma Andersen and Georgina Katherine Anderson at

How much money was awarded in case 5054552?

Cleaning: $333.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,592.86 awarded to landlord

What type of tenancy dispute was case 5054552?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5054552?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11249949-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5054552?

The tribunal order states: The tenancy of Marion Emma Andersen and Georgina Katherine Anderson at

How much money was awarded in case 5054552?

Cleaning: $333.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,592.86 awarded to landlord

What type of tenancy dispute was case 5054552?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5054552?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11249949-Tenancy_Tribunal_Order.pdf.

510 Ilam Road, Bryndwr, Christchurch 8052 Tenancy Tribunal Case 5054552 — Rent arrears

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510 Ilam Road, Bryndwr, Christchurch 8052 Tenancy Tribunal Case 5054552 — Rent arrears | 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 5054552 — net $4,353.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20/12/24	$6,592.86	Rent arrears to 20/12/24
Carpet Cleaning	$333.50	Carpet Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,353.36
Total payable by Tenant to Landlord	$4,353.36

Claims and awards for application 5054552 — net $4,353.36 NZD. Verify on MoJ.

Rent arrears to 20/12/24

Amount: $6,592.86
Awarded to: Landlord
Reason: Rent arrears to 20/12/24

Carpet Cleaning

Amount: $333.50
Awarded to: Landlord
Reason: Carpet Cleaning

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $4,353.36

Total payable by Tenant to Landlord

Landlord $4,353.36

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears

Order

The tenancy of Marion Emma Andersen and Georgina Katherine Anderson at 510 Ilam Road, Bryndwr, Christchurch 8052 is terminated, and possession is granted to Rempstone Property Management Limited Acting Agent For Jiayin Feng, Shihkuang Yang, at 11:59pm today, Friday 20 December 2024.
The Bond Centre is to pay the bond of $2,600.00 (4081443-002) to Rempstone Property Management Limited Acting Agent For Jiayin Feng, Shihkuang Yang immediately.
Marion Emma Andersen and Georgina Katherine Anderson must pay Rempstone Property Management Limited Acting Agent For Jiayin Feng, Shihkuang Yang $4,353.36 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing represented by Mr Bai.
There was no attendance for the tenant Georgina Anderson and her phone was switched off when calls were made to it during the hearing. She had been notified of the hearing by letter and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) RTA.
Rent is well in excess of 21 days in arrears at the hearing date as the last payment was made on 8 October 2024. Accordingly, the tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy.
The landlord has also applied for compensation for having to clean and dry carpets after the toilet got blocked. The landlord has paid the plumber’s cost however believes the tenant should be responsible for the cost to clean the carpets as they say the carpets would not have got wet had the tenant not repeatedly flushed the toilet. Their plumber reported that the toilet was blocked with items that should not be in a toilet and it would not have overflowed had it not been flushed repetitively.
Tenants are liable for damage that occurs in a property that is caused by their intentional acts or carelessness. See sections 40(2)(a), 41 and 49B RTA.
I accept the landlord’s submission that it was careless of the tenant to repeatedly flush the toilet instead of trying to unblock it, especially when it started overflowing. Accordingly, I find the tenant liable for the amount sought.
Because Rempstone Property Management Limited Acting Agent For Jiayin Feng, Shihkuang Yang has wholly succeeded with the claim I must reimburse the filing fee.

Is the guarantor liable?

On 13 August 2024 Marion Emma Andersen, the guarantor, provided a guarantee to the landlord, which undertook that the guarantor would be liable for any breach of the tenant's obligations.
The Tribunal has ordered the tenant, Georgina Katherine Anderson to pay $4,353.36 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee.
I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka) RTA.

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 5054552 — net $4,353.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20/12/24	$6,592.86	Rent arrears to 20/12/24
Carpet Cleaning	$333.50	Carpet Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,353.36
Total payable by Tenant to Landlord	$4,353.36

Claims and awards for application 5054552 — net $4,353.36 NZD. Verify on MoJ.

Rent arrears to 20/12/24

Amount: $6,592.86
Awarded to: Landlord
Reason: Rent arrears to 20/12/24

Carpet Cleaning

Amount: $333.50
Awarded to: Landlord
Reason: Carpet Cleaning

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $4,353.36

Total payable by Tenant to Landlord

Landlord $4,353.36

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears

Order

The tenancy of Marion Emma Andersen and Georgina Katherine Anderson at 510 Ilam Road, Bryndwr, Christchurch 8052 is terminated, and possession is granted to Rempstone Property Management Limited Acting Agent For Jiayin Feng, Shihkuang Yang, at 11:59pm today, Friday 20 December 2024.
The Bond Centre is to pay the bond of $2,600.00 (4081443-002) to Rempstone Property Management Limited Acting Agent For Jiayin Feng, Shihkuang Yang immediately.
Marion Emma Andersen and Georgina Katherine Anderson must pay Rempstone Property Management Limited Acting Agent For Jiayin Feng, Shihkuang Yang $4,353.36 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing represented by Mr Bai.
There was no attendance for the tenant Georgina Anderson and her phone was switched off when calls were made to it during the hearing. She had been notified of the hearing by letter and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) RTA.
Rent is well in excess of 21 days in arrears at the hearing date as the last payment was made on 8 October 2024. Accordingly, the tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy.
The landlord has also applied for compensation for having to clean and dry carpets after the toilet got blocked. The landlord has paid the plumber’s cost however believes the tenant should be responsible for the cost to clean the carpets as they say the carpets would not have got wet had the tenant not repeatedly flushed the toilet. Their plumber reported that the toilet was blocked with items that should not be in a toilet and it would not have overflowed had it not been flushed repetitively.
Tenants are liable for damage that occurs in a property that is caused by their intentional acts or carelessness. See sections 40(2)(a), 41 and 49B RTA.
I accept the landlord’s submission that it was careless of the tenant to repeatedly flush the toilet instead of trying to unblock it, especially when it started overflowing. Accordingly, I find the tenant liable for the amount sought.
Because Rempstone Property Management Limited Acting Agent For Jiayin Feng, Shihkuang Yang has wholly succeeded with the claim I must reimburse the filing fee.

Is the guarantor liable?

On 13 August 2024 Marion Emma Andersen, the guarantor, provided a guarantee to the landlord, which undertook that the guarantor would be liable for any breach of the tenant's obligations.
The Tribunal has ordered the tenant, Georgina Katherine Anderson to pay $4,353.36 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee.
I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka) RTA.

Tenancy Tribunal case 5054552 — Rent arrears at 510 Ilam Road, Bryndwr, Christchurch 8052

At a glance

Tenancy Tribunal case 5054552 — Rent arrears at 510 Ilam Road, Bryndwr, Christchurch 8052

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Is the guarantor liable?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Is the guarantor liable?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions