What was the outcome of Tenancy Tribunal case 5146174?

The tribunal order states: Nicholas Koel must pay A1 Property Managers Limited As Agent For D&S Bunn

How much money was awarded in case 5146174?

Cleaning: $100.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $139.15 awarded to landlord; Property Damage: $63.25 awarded to landlord; Rent Arrears: $420.71 awarded to landlord

What type of tenancy dispute was case 5146174?

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

Where can I read the official tribunal order for case 5146174?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11643542-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5146174?

The tribunal order states: Nicholas Koel must pay A1 Property Managers Limited As Agent For D&S Bunn

How much money was awarded in case 5146174?

Cleaning: $100.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $139.15 awarded to landlord; Property Damage: $63.25 awarded to landlord; Rent Arrears: $420.71 awarded to landlord

What type of tenancy dispute was case 5146174?

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

Where can I read the official tribunal order for case 5146174?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11643542-Tenancy_Tribunal_Order.pdf.

66 Southampton Street, Sydenham, Christchurch 8023 Tenancy Tribunal Case 5146174 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5146174 — net $1,200.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$420.71	Rent arrears
Carpet Cleaning – remove stains in living room	$100.00	Carpet Cleaning – remove stains in living room
Cleaning – general (including oven and inside windows	$450.00	Cleaning – general (including oven and inside windows
Rubbish removal and minor garden work	$139.15	Rubbish removal and minor garden work
Repairs – repaint one bedroom wall	$63.25	Repairs – repaint one bedroom wall
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,200.11
Total payable by Tenant to Landlord	$1,200.11

Ms Edwards and Ms van Beurten attended on behalf of the landlord.

The tenant did not attend.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on Friday 6 December 2024 and the tenant paid rent to Sunday 3 November 2024

The bond was paid to the landlord, with the agreement of the tenant, to cover rent arrears.

The landlord provided rent records which prove the balance owing at the end of the tenancy (after the bond was received) being $420.71.

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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord provided photographs and invoices to support the claims for general cleaning (including oven and interior windows), carpet cleaning, rubbish removal, council bin emptying and cleaning and some minor garden work.

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 occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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.

During the tenancy some damage was caused to a wall in one bedroom.

The landlord provided an ingoing inspection report which did not identify any damage to the walls of any bedrooms.

The landlord provided photographs to show the damage and an invoice for the repainting of one wall.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proved.

As A1 Property Managers Limited As Agent For D&S Bunn Investments Ltd has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5146174 — net $1,200.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$420.71	Rent arrears
Carpet Cleaning – remove stains in living room	$100.00	Carpet Cleaning – remove stains in living room
Cleaning – general (including oven and inside windows	$450.00	Cleaning – general (including oven and inside windows
Rubbish removal and minor garden work	$139.15	Rubbish removal and minor garden work
Repairs – repaint one bedroom wall	$63.25	Repairs – repaint one bedroom wall
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,200.11
Total payable by Tenant to Landlord	$1,200.11

Order

Nicholas Koel must pay A1 Property Managers Limited As Agent For D&S Bunn Investments Ltd $1,200.11 immediately, calculated as shown in table below.

Reasons

Ms Edwards and Ms van Beurten attended on behalf of the landlord.
The tenant did not attend.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on Friday 6 December 2024 and the tenant paid rent to Sunday 3 November 2024
The bond was paid to the landlord, with the agreement of the tenant, to cover rent arrears.
The landlord provided rent records which prove the balance owing at the end of the tenancy (after the bond was received) being $420.71.

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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided photographs and invoices to support the claims for general cleaning (including oven and interior windows), carpet cleaning, rubbish removal, council bin emptying and cleaning and some minor garden work.
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 occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
During the tenancy some damage was caused to a wall in one bedroom.
The landlord provided an ingoing inspection report which did not identify any damage to the walls of any bedrooms.
The landlord provided photographs to show the damage and an invoice for the repainting of one wall.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
As A1 Property Managers Limited As Agent For D&S Bunn Investments Ltd has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5146174 — Cleanliness at 66 Southampton Street, Sydenham, Christchurch 8023

At a glance

Tenancy Tribunal case 5146174 — Cleanliness at 66 Southampton Street, Sydenham, Christchurch 8023

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

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