What was the outcome of Tenancy Tribunal case 5079148?

The tribunal order states: Kelly Shearman must pay Otautahi Community Housing Trust $1,716.21

How much money was awarded in case 5079148?

Cleaning: $230.00 awarded to landlord; Cleaning: $57.50 awarded to landlord; Cleaning: $57.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Rent Credit: $82.29 awarded to tenant; Property Damage: $690.00 awarded to landlord; Painting Of Walls: $460.00 awarded to landlord; Kitchen Vinyl: $460.00 awarded to landlord

What type of tenancy dispute was case 5079148?

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

Where can I read the official tribunal order for case 5079148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11283289-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5079148?

The tribunal order states: Kelly Shearman must pay Otautahi Community Housing Trust $1,716.21

How much money was awarded in case 5079148?

Cleaning: $230.00 awarded to landlord; Cleaning: $57.50 awarded to landlord; Cleaning: $57.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Rent Credit: $82.29 awarded to tenant; Property Damage: $690.00 awarded to landlord; Painting Of Walls: $460.00 awarded to landlord; Kitchen Vinyl: $460.00 awarded to landlord

What type of tenancy dispute was case 5079148?

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

Where can I read the official tribunal order for case 5079148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11283289-Tenancy_Tribunal_Order.pdf.

Unit/Flat 11, 263 Ferry Road, Waltham, Christchurch 8011, Tenancy Tribunal Case 5079148 — Property damage

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Unit/Flat 11, 263 Ferry Road, Waltham, Christchurch 8011, Tenancy Tribunal Case 5079148 — 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 5079148 — net $1,716.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: vinyl floor	$460.00		Repairs: vinyl floor
Cleaning: kitchen cupboard	$57.50		Cleaning: kitchen cupboard
Cleaning: oven	$57.50		Cleaning: oven
Cleaning	$230.00		Cleaning
Repairs: carpet replacement	$690.00		Repairs: carpet replacement
Repairs: painting of walls	$460.00		Repairs: painting of walls
Lock/key replacement	$172.50		Lock/key replacement
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent credit		$82.29	Rent credit
Total award	$2,154.50	$82.29
Net award	$1,716.21
Total payable by Tenant to Landlord	$1,716.21

Claims and awards for application 5079148 — net $1,716.21 NZD. Verify on MoJ.

Repairs: vinyl floor

Amount: $460.00
Awarded to: Landlord
Reason: Repairs: vinyl floor

Cleaning: kitchen cupboard

Amount: $57.50
Awarded to: Landlord
Reason: Cleaning: kitchen cupboard

Cleaning: oven

Amount: $57.50
Awarded to: Landlord
Reason: Cleaning: oven

Cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Cleaning

Repairs: carpet replacement

Amount: $690.00
Awarded to: Landlord
Reason: Repairs: carpet replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Kelly Shearman must pay Otautahi Community Housing Trust $1,716.21 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $356.00 (5739823-003) to Otautahi Community Housing Trust immediately.

Reasons

Only the landlord’s representatives attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord indicated that at the end of the tenancy the rent is in credit of $82.29.

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.
The tenant did not return the keys.
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.
The following damage was caused during the tenancy: flooring, carpet and walls. 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.

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 5079148 — net $1,716.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: vinyl floor	$460.00		Repairs: vinyl floor
Cleaning: kitchen cupboard	$57.50		Cleaning: kitchen cupboard
Cleaning: oven	$57.50		Cleaning: oven
Cleaning	$230.00		Cleaning
Repairs: carpet replacement	$690.00		Repairs: carpet replacement
Repairs: painting of walls	$460.00		Repairs: painting of walls
Lock/key replacement	$172.50		Lock/key replacement
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent credit		$82.29	Rent credit
Total award	$2,154.50	$82.29
Net award	$1,716.21
Total payable by Tenant to Landlord	$1,716.21

Claims and awards for application 5079148 — net $1,716.21 NZD. Verify on MoJ.

Repairs: vinyl floor

Amount: $460.00
Awarded to: Landlord
Reason: Repairs: vinyl floor

Cleaning: kitchen cupboard

Amount: $57.50
Awarded to: Landlord
Reason: Cleaning: kitchen cupboard

Cleaning: oven

Amount: $57.50
Awarded to: Landlord
Reason: Cleaning: oven

Cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Cleaning

Repairs: carpet replacement

Amount: $690.00
Awarded to: Landlord
Reason: Repairs: carpet replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Kelly Shearman must pay Otautahi Community Housing Trust $1,716.21 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $356.00 (5739823-003) to Otautahi Community Housing Trust immediately.

Reasons

Only the landlord’s representatives attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord indicated that at the end of the tenancy the rent is in credit of $82.29.

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.
The tenant did not return the keys.
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.
The following damage was caused during the tenancy: flooring, carpet and walls. 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.

Tenancy Tribunal case 5079148 — Property damage at Unit/Flat 11, 263 Ferry Road, Waltham, Christchurch 8011,

At a glance

Tenancy Tribunal case 5079148 — Property damage at Unit/Flat 11, 263 Ferry Road, Waltham, Christchurch 8011,

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