What was the outcome of Tenancy Tribunal case 5055708?

The tribunal order states: Ken Esslemont must pay Emerge Aotearoa Housing Trust $3,477.50

How much money was awarded in case 5055708?

Cleaning: $1,082.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Kitchen Vinyl: $1,155.00 awarded to landlord; Walls: $1,032.00 awarded to landlord; Rubbish Removal: $449.00 awarded to landlord

What type of tenancy dispute was case 5055708?

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

Where can I read the official tribunal order for case 5055708?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11445349-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5055708?

The tribunal order states: Ken Esslemont must pay Emerge Aotearoa Housing Trust $3,477.50

How much money was awarded in case 5055708?

Cleaning: $1,082.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Kitchen Vinyl: $1,155.00 awarded to landlord; Walls: $1,032.00 awarded to landlord; Rubbish Removal: $449.00 awarded to landlord

What type of tenancy dispute was case 5055708?

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

Where can I read the official tribunal order for case 5055708?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11445349-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5, 463 Madras Street, St Albans, Christchurch Tenancy Tribunal Case 5055708 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Unit/Flat 5, 463 Madras Street, St Albans, Christchurch Tenancy Tribunal Case 5055708 — 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 5055708 — net $3,477.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Rubbish removal	$449.00	Rubbish removal
Cleaning: incl heat pump	$1,082.50	Cleaning: incl heat pump
Replace vinyl flooring	$1,155.00	Replace vinyl flooring
Repairs: Walls	$1,032.00	Repairs: Walls
Net award	$3,477.50
Total payable by Tenant to Landlord	$3,477.50

Claims and awards for application 5055708 — net $3,477.50 NZD. Verify on MoJ.

Filing fee reimbursement

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

Rubbish removal

Amount: $449.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning: incl heat pump

Amount: $1,082.50
Awarded to: Landlord
Reason: Cleaning: incl heat pump

Replace vinyl flooring

Amount: $1,155.00
Awarded to: Landlord
Reason: Replace vinyl flooring

Repairs: Walls

Amount: $1,032.00
Awarded to: Landlord
Reason: Repairs: Walls

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Ken Esslemont must pay Emerge Aotearoa Housing Trust $3,477.50 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $268.00 () to Emerge Aotearoa Housing Trust immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. The call to the number provided for the tenant was answered. It was actually the number for a support person assisting the tenant, rather than the tenant. The landlord advised the application and evidence had been emailed to the support person previously. He committed to reviewing that, and this order, with Ken. No request for representation had been made and after hearing from the support person they were thanked and they left the hearing. I was satisfied adequate service had completed and I continued with the hearing.
The landlord has applied for 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 anywhere near reasonably clean and tidy, and did not remove all rubbish.
The landlord sought compensation for extensive cleaning, including the heat pump, as well as rubbish removal. In support of these claims the landlord provided photos and invoices. These establish the need and cost for the work undertaken by the landlord and are considered reasonable and they are awarded in full.
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 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:
Multiple burns to the vinyl flooring. The landlord stated these were caused over time and most likely by cigarette burns. The cost of removing and replacing the vinyl was $1155.00 (ex GST) and that amount was sought by the landlord. The landlord provided photos and an invoice to support the claim. The damage to the vinyl is considered intentional and not covered by any possible insurance claim
Damage to the premises wall. A photo evidences a hole in a wall section above the heat pump. The wall construct and material meant that section had to be removed and replaced. The heat pump had to be removed to allow the wall repair. The cost of $1,032.00 (ex GST) was sought for the replacement and repainting. This appears reasonable given the task involved.
The damage above 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 not applying any depreciation, I have taken into account the submission of the landlord that new wall painting and vinyl covering was installed just prior to this tenancy of less than one year. Filing fee
Because Emerge Aotearoa Housing Trust 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 5055708 — net $3,477.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Rubbish removal	$449.00	Rubbish removal
Cleaning: incl heat pump	$1,082.50	Cleaning: incl heat pump
Replace vinyl flooring	$1,155.00	Replace vinyl flooring
Repairs: Walls	$1,032.00	Repairs: Walls
Net award	$3,477.50
Total payable by Tenant to Landlord	$3,477.50

Claims and awards for application 5055708 — net $3,477.50 NZD. Verify on MoJ.

Filing fee reimbursement

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

Rubbish removal

Amount: $449.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning: incl heat pump

Amount: $1,082.50
Awarded to: Landlord
Reason: Cleaning: incl heat pump

Replace vinyl flooring

Amount: $1,155.00
Awarded to: Landlord
Reason: Replace vinyl flooring

Repairs: Walls

Amount: $1,032.00
Awarded to: Landlord
Reason: Repairs: Walls

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Ken Esslemont must pay Emerge Aotearoa Housing Trust $3,477.50 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $268.00 () to Emerge Aotearoa Housing Trust immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. The call to the number provided for the tenant was answered. It was actually the number for a support person assisting the tenant, rather than the tenant. The landlord advised the application and evidence had been emailed to the support person previously. He committed to reviewing that, and this order, with Ken. No request for representation had been made and after hearing from the support person they were thanked and they left the hearing. I was satisfied adequate service had completed and I continued with the hearing.
The landlord has applied for 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 anywhere near reasonably clean and tidy, and did not remove all rubbish.
The landlord sought compensation for extensive cleaning, including the heat pump, as well as rubbish removal. In support of these claims the landlord provided photos and invoices. These establish the need and cost for the work undertaken by the landlord and are considered reasonable and they are awarded in full.
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 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:
Multiple burns to the vinyl flooring. The landlord stated these were caused over time and most likely by cigarette burns. The cost of removing and replacing the vinyl was $1155.00 (ex GST) and that amount was sought by the landlord. The landlord provided photos and an invoice to support the claim. The damage to the vinyl is considered intentional and not covered by any possible insurance claim
Damage to the premises wall. A photo evidences a hole in a wall section above the heat pump. The wall construct and material meant that section had to be removed and replaced. The heat pump had to be removed to allow the wall repair. The cost of $1,032.00 (ex GST) was sought for the replacement and repainting. This appears reasonable given the task involved.
The damage above 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 not applying any depreciation, I have taken into account the submission of the landlord that new wall painting and vinyl covering was installed just prior to this tenancy of less than one year. Filing fee
Because Emerge Aotearoa Housing Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5055708 — Property damage at Unit/Flat 5, 463 Madras Street, St Albans, Christchurch

At a glance

Tenancy Tribunal case 5055708 — Property damage at Unit/Flat 5, 463 Madras Street, St Albans, Christchurch

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