What was the outcome of Tenancy Tribunal case 5164954?

The tribunal order states: Kristina Long must pay Vision Property Management Limited $736.91

How much money was awarded in case 5164954?

Cleaning: $220.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $671.43 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Replace furnishings: curtains and ra…: $158.48 awarded to landlord

What type of tenancy dispute was case 5164954?

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

Where can I read the official tribunal order for case 5164954?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11883826-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5164954?

The tribunal order states: Kristina Long must pay Vision Property Management Limited $736.91

How much money was awarded in case 5164954?

Cleaning: $220.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $671.43 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Replace furnishings: curtains and ra…: $158.48 awarded to landlord

What type of tenancy dispute was case 5164954?

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

Where can I read the official tribunal order for case 5164954?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11883826-Tenancy_Tribunal_Order.pdf.

41B Valecrest Avenue, Parklands, Christchurch 8083 Tenancy Tribunal Case 5164954 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5164954 — net $736.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears by consent	$671.43	Rent arrears by consent
Carpet Cleaning: by consent	$220.00	Carpet Cleaning: by consent
Replace furnishings: curtains and rails by consent	$158.48	Replace furnishings: curtains and rails by consent
Repairs: wall damage	$1,500.00	Repairs: wall damage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$736.91
Total payable by Tenant to Landlord	$736.91

Kristina Long must pay Vision Property Management Limited $736.91 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,840.00 (3273420-006) to Vision Property Management Limited immediately.

Vision Property Management Limited claim for repair or replacement for shower dome and range hood were withdrawn at the hearing.

Vision Property Management Limited claim for removal of tenant property was withdrawn at the hearing.

Reasons

Both parties attended the hearing.

Ms Edwards attended for the landlord.

The landlord has applied for rent arrears, compensation, refund 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 10 January 2025 and the tenant accepted the landlord’s claim for $671.43 for rent arrears at the hearing.

The amount is ordered by consent.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

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

The tenant accepted the landlord’s claim for $220.00 for carpet cleaning at the hearing.

The tenant accepted the landlord claim for replacement curtains and curtain rails, being $158.48.

These amounts are ordered by consent.

The landlord’s claim for disposal of tenant’s property was withdrawn at the hearing.

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.

The following damage was caused during the tenancy: a. Living room walls b. Kitchen walls c. Bedroom walls d. Bedroom door e. Toilet door f. Garage floor

The tenant accepted liability for the damage to living room and certain kitchen walls. This was the most extensive damage included in this claim.

She also accepted responsibility for general wall damage in one (small) bedroom, damage to one wall in the master bedroom and damage to the toilet door and a bedroom door.

The landlord provided and email, photographs and an invoice to support its claims for repairs and painting to all walls ($2,300.00).

The photographs clearly show partly repaired damage to walls in the kitchen, living room and bedrooms. The tenant acknowledged that she had not been able to arrange painting to these areas prior to the tenancy ending.

In relation to one bedroom, the tenant provided a video that showed the relevant wall to be bowed. The tenant thought that this wall would have required repair anyway and she should therefore not be liable for the cost of repairing the damage, although she accepted it occurred during her tenancy.

The landlord confirmed that no repair had been made to this wall except repairs to the damage caused by the tenant.

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

The amounts ordered are proved.

The landlord also claimed costs for repairs to the hallway and a bathroom wall.

On the evidence provided, I cannot find that this damage was more than fair wear and tear. The bathroom damage is difficult to see, and the hall damage appears minor.

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.

The property was freshly painted at the beginning of the tenancy and was generally in good repair. This is clear from the ingoing photographs.

The tenancy was over three and a half years in duration, so some depreciation of paintwork is to be expected in a rental property over that time period.

I have reduced the landlord’s painting claim by $800.00 to take into account both depreciation and a deduction for the hallway and bathroom which I do not consider proven.

The amount ordered, being $1,500 is proved.

As Vision Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5164954 — net $736.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears by consent	$671.43	Rent arrears by consent
Carpet Cleaning: by consent	$220.00	Carpet Cleaning: by consent
Replace furnishings: curtains and rails by consent	$158.48	Replace furnishings: curtains and rails by consent
Repairs: wall damage	$1,500.00	Repairs: wall damage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$736.91
Total payable by Tenant to Landlord	$736.91

Order

Kristina Long must pay Vision Property Management Limited $736.91 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,840.00 (3273420-006) to Vision Property Management Limited immediately.
Vision Property Management Limited claim for repair or replacement for shower dome and range hood were withdrawn at the hearing.
Vision Property Management Limited claim for removal of tenant property was withdrawn at the hearing.

Reasons

Both parties attended the hearing.
Ms Edwards attended for the landlord.
The landlord has applied for rent arrears, compensation, refund 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 10 January 2025 and the tenant accepted the landlord’s claim for $671.43 for rent arrears at the hearing.
The amount is ordered by consent.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant accepted the landlord’s claim for $220.00 for carpet cleaning at the hearing.
The tenant accepted the landlord claim for replacement curtains and curtain rails, being $158.48.
These amounts are ordered by consent.
The landlord’s claim for disposal of tenant’s property was withdrawn at the hearing.

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.
The following damage was caused during the tenancy: a. Living room walls b. Kitchen walls c. Bedroom walls d. Bedroom door e. Toilet door f. Garage floor
The tenant accepted liability for the damage to living room and certain kitchen walls. This was the most extensive damage included in this claim.
She also accepted responsibility for general wall damage in one (small) bedroom, damage to one wall in the master bedroom and damage to the toilet door and a bedroom door.
The landlord provided and email, photographs and an invoice to support its claims for repairs and painting to all walls ($2,300.00).
The photographs clearly show partly repaired damage to walls in the kitchen, living room and bedrooms. The tenant acknowledged that she had not been able to arrange painting to these areas prior to the tenancy ending.
In relation to one bedroom, the tenant provided a video that showed the relevant wall to be bowed. The tenant thought that this wall would have required repair anyway and she should therefore not be liable for the cost of repairing the damage, although she accepted it occurred during her tenancy.
The landlord confirmed that no repair had been made to this wall except repairs to the damage caused by the tenant.
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord also claimed costs for repairs to the hallway and a bathroom wall.
On the evidence provided, I cannot find that this damage was more than fair wear and tear. The bathroom damage is difficult to see, and the hall damage appears minor.
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.
The property was freshly painted at the beginning of the tenancy and was generally in good repair. This is clear from the ingoing photographs.
The tenancy was over three and a half years in duration, so some depreciation of paintwork is to be expected in a rental property over that time period.
I have reduced the landlord’s painting claim by $800.00 to take into account both depreciation and a deduction for the hallway and bathroom which I do not consider proven.
The amount ordered, being $1,500 is proved.
As Vision Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5164954 — Property damage at 41B Valecrest Avenue, Parklands, Christchurch 8083

At a glance

Tenancy Tribunal case 5164954 — Property damage at 41B Valecrest Avenue, Parklands, Christchurch 8083

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