What was Tenancy Tribunal case 5110108 about?

The tribunal order states: [One tenant’s] name and identifying details must not be published.

How much money was awarded in case 5110108?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5110108?

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

Where can I read the official tribunal order for case 5110108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11492784-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5110108 about?

The tribunal order states: [One tenant’s] name and identifying details must not be published.

How much money was awarded in case 5110108?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5110108?

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

Where can I read the official tribunal order for case 5110108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11492784-Tribunal_Order_Redacted.pdf.

Flat 5, 3 Shearer Avenue, Papanui, Christchurch 8052 Tenancy Tribunal Case 5110108 — Rent arrears

Order

[One tenant’s] name and identifying details must not be published.
[A tenant, name suppressed] and Justice Laulusa must pay Vision Property Management Limited as agent for Kylie Wilson (KC Wilson Investments Ltd) $4,206.52 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 ([Bond number suppressed]) to Vision Property Management Limited as agent for Kylie Wilson (KC Wilson Investments Ltd) immediately.

Reasons

The hearing was conducted on Microsoft Teams.
Tracey Edwards and Nicole Hamilton attended the hearing for the landlord.
[One of the tenants] attended. Justice Laulusa did not attend. The hearing proceeded in her absence.
The landlord has applied for rent arrears, compensation, payment out of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 6 February 2025.
The landlord provided rent records and water which prove the amount owing at the end of the tenancy.
The Tribunal allows the claim for rent arrears.

Did the tenants 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. 1
The tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amounts ordered are proved.

Are the tenants liable for the damage to the premises?

The landlord claims for the cost of damage to repaint walls damaged by adhesive and for its excess to replace dented refrigerator doors.
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 tenants 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. 2 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 2 RTA, ss 40(2)(a), 41 and 49B RTA.
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. 3
The damage claimed for was caused during the tenancy. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The landlord provided an invoice for the cost of paying a contractor to repaint the damaged walls.
The landlord has filed a claim for the damage to the fridge. It is appropriate to order the tenants to reimburse the landlord for the excess. Filing fee
The tenants must reimburse the landlord for the filing fee. Bond
The Tribunal directs the Bond Centre to pay the bond out to the landlord. Non-publication
Under s 95A(4) of the Residential Tenancies Act 1986, Tribunal may on its own initiative, having regard to the interests of the parties and to the public interest, order that the particulars of any party not be published.
I was impressed by Mr [tenant’s surname]’s frankness, acceptance of responsibility, and remorse for the claim. The situation arose because he lost his job and the other tenant moved out.
He is 28 years of age. I do not consider he is likely to be a recidivist defaulter.
The landlord does not oppose non-publication. It would not be averse to the landlord’s interests to order non-publication.
It would be in the tenant’s interests to order non-publication to save embarrassment and preserve his ability to obtain suitable rental accommodation.
It is in the public interest to assist tenants like this who have defaulted but are not likely to do so again. 3 RTA, s 49B(3)(a).
Therefore, non-publication is ordered.

Order

[One tenant’s] name and identifying details must not be published.
[A tenant, name suppressed] and Justice Laulusa must pay Vision Property Management Limited as agent for Kylie Wilson (KC Wilson Investments Ltd) $4,206.52 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 ([Bond number suppressed]) to Vision Property Management Limited as agent for Kylie Wilson (KC Wilson Investments Ltd) immediately.

Reasons

The hearing was conducted on Microsoft Teams.
Tracey Edwards and Nicole Hamilton attended the hearing for the landlord.
[One of the tenants] attended. Justice Laulusa did not attend. The hearing proceeded in her absence.
The landlord has applied for rent arrears, compensation, payment out of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 6 February 2025.
The landlord provided rent records and water which prove the amount owing at the end of the tenancy.
The Tribunal allows the claim for rent arrears.

Did the tenants 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. 1
The tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amounts ordered are proved.

Are the tenants liable for the damage to the premises?

The landlord claims for the cost of damage to repaint walls damaged by adhesive and for its excess to replace dented refrigerator doors.
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 tenants 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. 2 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 2 RTA, ss 40(2)(a), 41 and 49B RTA.
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. 3
The damage claimed for was caused during the tenancy. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The landlord provided an invoice for the cost of paying a contractor to repaint the damaged walls.
The landlord has filed a claim for the damage to the fridge. It is appropriate to order the tenants to reimburse the landlord for the excess. Filing fee
The tenants must reimburse the landlord for the filing fee. Bond
The Tribunal directs the Bond Centre to pay the bond out to the landlord. Non-publication
Under s 95A(4) of the Residential Tenancies Act 1986, Tribunal may on its own initiative, having regard to the interests of the parties and to the public interest, order that the particulars of any party not be published.
I was impressed by Mr [tenant’s surname]’s frankness, acceptance of responsibility, and remorse for the claim. The situation arose because he lost his job and the other tenant moved out.
He is 28 years of age. I do not consider he is likely to be a recidivist defaulter.
The landlord does not oppose non-publication. It would not be averse to the landlord’s interests to order non-publication.
It would be in the tenant’s interests to order non-publication to save embarrassment and preserve his ability to obtain suitable rental accommodation.
It is in the public interest to assist tenants like this who have defaulted but are not likely to do so again. 3 RTA, s 49B(3)(a).
Therefore, non-publication is ordered.

Tenancy Tribunal case 5110108 — Rent arrears at Flat 5, 3 Shearer Avenue, Papanui, Christchurch 8052

Tenancy Tribunal case 5110108 — Rent arrears at Flat 5, 3 Shearer Avenue, Papanui, Christchurch 8052

Order

Reasons

How much is owed for rent?

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

Are the tenants liable for the damage to the premises?

Order

Reasons

How much is owed for rent?

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

Are the tenants liable for the damage to the premises?