What was the outcome of Tenancy Tribunal case 5132189?

The tribunal order states: Pablo Arias to pay Holmwood Real Estate Limited As Agent For Hannah Bolton

How much money was awarded in case 5132189?

Cleaning: $115.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $5.02 awarded to landlord

What type of tenancy dispute was case 5132189?

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

Where can I read the official tribunal order for case 5132189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11707451-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5132189?

The tribunal order states: Pablo Arias to pay Holmwood Real Estate Limited As Agent For Hannah Bolton

How much money was awarded in case 5132189?

Cleaning: $115.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $5.02 awarded to landlord

What type of tenancy dispute was case 5132189?

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

Where can I read the official tribunal order for case 5132189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11707451-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 137 Chester Street East, Christchurch Central, Tenancy Tribunal Case 5132189 — Cleanliness

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Unit/Flat 1, 137 Chester Street East, Christchurch Central, Tenancy Tribunal Case 5132189 — Cleanliness | 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 5132189 — net $147.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$115.00	Cleaning
Lock/key replacement	$5.02	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$147.02
Total payable by Tenant to Landlord	$147.02

Claims and awards for application 5132189 — net $147.02 NZD. Verify on MoJ.

Cleaning

Amount: $115.00
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Amount: $5.02
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

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

Net award

Landlord $147.02

Total payable by Tenant to Landlord

Landlord $147.02

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Pablo Arias to pay Holmwood Real Estate Limited As Agent For Hannah Bolton As Trustee For Polka Dot Trust $147.02 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,440.00 (3059993-041) immediately apportioned as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.
The tenant is seeking a refund of his bond.

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 in some areas.
The tenant was given 4 keys and only returned 3.
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 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.
I acknowledge that the tenant’s paintwork (authorised by the landlord) falls short of a workmanlike standard. However, the landlord has not provided sufficient evidence to prove that the tenant caused damage. There is no in-going inspection report to establish the state of the walls at the start of the tenancy, no invoice/estimate to quantify the landlord’s loss, and no information provided as to when the walls were last painted by the landlord.
Accordingly, this part of the claim is not proven to the requisite standard and must be dismissed.
As the landlord has partly succeeded with the claim, the tenant must pay 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 5132189 — net $147.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$115.00	Cleaning
Lock/key replacement	$5.02	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$147.02
Total payable by Tenant to Landlord	$147.02

Claims and awards for application 5132189 — net $147.02 NZD. Verify on MoJ.

Cleaning

Amount: $115.00
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Amount: $5.02
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

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

Net award

Landlord $147.02

Total payable by Tenant to Landlord

Landlord $147.02

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Pablo Arias to pay Holmwood Real Estate Limited As Agent For Hannah Bolton As Trustee For Polka Dot Trust $147.02 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,440.00 (3059993-041) immediately apportioned as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.
The tenant is seeking a refund of his bond.

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 in some areas.
The tenant was given 4 keys and only returned 3.
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 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.
I acknowledge that the tenant’s paintwork (authorised by the landlord) falls short of a workmanlike standard. However, the landlord has not provided sufficient evidence to prove that the tenant caused damage. There is no in-going inspection report to establish the state of the walls at the start of the tenancy, no invoice/estimate to quantify the landlord’s loss, and no information provided as to when the walls were last painted by the landlord.
Accordingly, this part of the claim is not proven to the requisite standard and must be dismissed.
As the landlord has partly succeeded with the claim, the tenant must pay the filing fee.

Tenancy Tribunal case 5132189 — Cleanliness at Unit/Flat 1, 137 Chester Street East, Christchurch Central,

At a glance

Tenancy Tribunal case 5132189 — Cleanliness at Unit/Flat 1, 137 Chester Street East, Christchurch Central,

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