What was the outcome of Tenancy Tribunal case 5171831?

The tribunal order states: Claire Alice Erickson must pay Ruby Property Enterprises Limited $3,765.34

How much money was awarded in case 5171831?

Bailiff Fee: $258.00 awarded to landlord; Property Damage: $120.75 awarded to landlord; Property Damage: $1,018.31 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $251.22 awarded to landlord; Property Damage: $516.06 awarded to landlord; Rent Arrears: $2,143.00 awarded to landlord; Painting: $546.25 awarded to landlord; Smoke Alarms: $304.75 awarded to landlord

What type of tenancy dispute was case 5171831?

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

Where can I read the official tribunal order for case 5171831?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11777091-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5171831?

The tribunal order states: Claire Alice Erickson must pay Ruby Property Enterprises Limited $3,765.34

How much money was awarded in case 5171831?

Bailiff Fee: $258.00 awarded to landlord; Property Damage: $120.75 awarded to landlord; Property Damage: $1,018.31 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $251.22 awarded to landlord; Property Damage: $516.06 awarded to landlord; Rent Arrears: $2,143.00 awarded to landlord; Painting: $546.25 awarded to landlord; Smoke Alarms: $304.75 awarded to landlord

What type of tenancy dispute was case 5171831?

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

Where can I read the official tribunal order for case 5171831?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11777091-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 1, 37 Hillier Place, Spreydon, Christchurch Tenancy Tribunal Case 5171831 — Property damage

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Unit/Flat Flat 1, 37 Hillier Place, Spreydon, Christchurch Tenancy Tribunal Case 5171831 — 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 5171831 — net $3,765.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 9 January 2025	$2,143.00	Rent arrears (to 9 January 2025
Bailiff Fee	$258.00	Bailiff Fee
Replace smoke alarms	$304.75	Replace smoke alarms
Lock/key replacement: secure premises	$251.22	Lock/key replacement: secure premises
Window repairs	$516.06	Window repairs
Electrical fittings replacement/repair: Bathroom Switch	$120.75	Electrical fittings replacement/repair: Bathroom Switch
Electrical fittings replacement/repair: Heaters & Heat Pump	$1,018.31	Electrical fittings replacement/repair: Heaters & Heat Pump
Repairs: Painting	$546.25	Repairs: Painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,765.34
Total payable by Tenant to Landlord	$3,765.34

Claims and awards for application 5171831 — net $3,765.34 NZD. Verify on MoJ.

Rent arrears (to 9 January 2025

Amount: $2,143.00
Awarded to: Landlord
Reason: Rent arrears (to 9 January 2025

Bailiff Fee

Amount: $258.00
Awarded to: Landlord
Reason: Bailiff Fee

Replace smoke alarms

Amount: $304.75
Awarded to: Landlord
Reason: Replace smoke alarms

Lock/key replacement: secure premises

Amount: $251.22
Awarded to: Landlord
Reason: Lock/key replacement: secure premises

Window repairs

Amount: $516.06
Awarded to: Landlord
Reason: Window repairs

Claim types — money lines allowed on this order

Property damage Filing Fee Rent arrears Replace Smoke Alarms

Order

Claire Alice Erickson must pay Ruby Property Enterprises Limited $3,765.34 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,420.00 (3290863-004) to Ruby Property Enterprises Limited immediately.
The claim for rubbish removal is dismissed.

Reasons

A representative of the landlord attended the hearing.
The tenant did not attend. She emailed the Tribunal on the morning of the hearing ad advised she was unwell and would not attend. Registry asked her to confirm whether she was seeking an adjournment or wished to attend by phone and to provide a medical certificate. She did not reply. In the circumstances, I consider that it is appropriate to proceed with the hearing.
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 Tribunal made an immediate possession order in favour of the landlord on 17 December 2024. The tenant did not comply with the order. It was enforced by the bailiff on 9 January 2025.
The landlord provided rent records which prove the amount of $2,143 owing for rent to 9 January 2025. The landlord is also entitled to reimbursement of the bailiff’s fee.

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 landlord claims that the tenant did not remove all rubbish but did not provide any photographs. That claim is dismissed.
The tenant did not return the keys. The landlord had to replace smoke alarms. The landlord provided photographs and invoices to support its claims. 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: Broken window, heater knob and panel broken, heat pump damaged, face plate removed from bathroom switch, paint damage to a ceiling, wall and door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided photographs and receipts/invoices for the repair costs. The amounts ordered are proved.
As the landlord was successful, I have awarded reimbursement of the Tribunal application 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 5171831 — net $3,765.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 9 January 2025	$2,143.00	Rent arrears (to 9 January 2025
Bailiff Fee	$258.00	Bailiff Fee
Replace smoke alarms	$304.75	Replace smoke alarms
Lock/key replacement: secure premises	$251.22	Lock/key replacement: secure premises
Window repairs	$516.06	Window repairs
Electrical fittings replacement/repair: Bathroom Switch	$120.75	Electrical fittings replacement/repair: Bathroom Switch
Electrical fittings replacement/repair: Heaters & Heat Pump	$1,018.31	Electrical fittings replacement/repair: Heaters & Heat Pump
Repairs: Painting	$546.25	Repairs: Painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,765.34
Total payable by Tenant to Landlord	$3,765.34

Claims and awards for application 5171831 — net $3,765.34 NZD. Verify on MoJ.

Rent arrears (to 9 January 2025

Amount: $2,143.00
Awarded to: Landlord
Reason: Rent arrears (to 9 January 2025

Bailiff Fee

Amount: $258.00
Awarded to: Landlord
Reason: Bailiff Fee

Replace smoke alarms

Amount: $304.75
Awarded to: Landlord
Reason: Replace smoke alarms

Lock/key replacement: secure premises

Amount: $251.22
Awarded to: Landlord
Reason: Lock/key replacement: secure premises

Window repairs

Amount: $516.06
Awarded to: Landlord
Reason: Window repairs

Claim types — money lines allowed on this order

Property damage Filing Fee Rent arrears Replace Smoke Alarms

Order

Claire Alice Erickson must pay Ruby Property Enterprises Limited $3,765.34 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,420.00 (3290863-004) to Ruby Property Enterprises Limited immediately.
The claim for rubbish removal is dismissed.

Reasons

A representative of the landlord attended the hearing.
The tenant did not attend. She emailed the Tribunal on the morning of the hearing ad advised she was unwell and would not attend. Registry asked her to confirm whether she was seeking an adjournment or wished to attend by phone and to provide a medical certificate. She did not reply. In the circumstances, I consider that it is appropriate to proceed with the hearing.
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 Tribunal made an immediate possession order in favour of the landlord on 17 December 2024. The tenant did not comply with the order. It was enforced by the bailiff on 9 January 2025.
The landlord provided rent records which prove the amount of $2,143 owing for rent to 9 January 2025. The landlord is also entitled to reimbursement of the bailiff’s fee.

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 landlord claims that the tenant did not remove all rubbish but did not provide any photographs. That claim is dismissed.
The tenant did not return the keys. The landlord had to replace smoke alarms. The landlord provided photographs and invoices to support its claims. 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: Broken window, heater knob and panel broken, heat pump damaged, face plate removed from bathroom switch, paint damage to a ceiling, wall and door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided photographs and receipts/invoices for the repair costs. The amounts ordered are proved.
As the landlord was successful, I have awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5171831 — Property damage at Unit/Flat Flat 1, 37 Hillier Place, Spreydon, Christchurch

At a glance

Tenancy Tribunal case 5171831 — Property damage at Unit/Flat Flat 1, 37 Hillier Place, Spreydon, Christchurch

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