What was the outcome of Tenancy Tribunal case 5184032?

The tribunal order states: Claire Wright must pay Xclusive Property Management Nz 2013 Limited As

How much money was awarded in case 5184032?

Filing Fee: $27.00 awarded to landlord; Rubbish Removal: $285.14 awarded to landlord

What type of tenancy dispute was case 5184032?

The dispute type was not classified.

Where can I read the official tribunal order for case 5184032?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11872916-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5184032?

The tribunal order states: Claire Wright must pay Xclusive Property Management Nz 2013 Limited As

How much money was awarded in case 5184032?

Filing Fee: $27.00 awarded to landlord; Rubbish Removal: $285.14 awarded to landlord

What type of tenancy dispute was case 5184032?

The dispute type was not classified.

Where can I read the official tribunal order for case 5184032?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11872916-Tenancy_Tribunal_Order.pdf.

Unit/Flat 8, 317 Gloucester Street, Christchurch Central, Tenancy Tribunal Case 5184032 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 5184032 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: And rubbish removal	$285.14	Repairs: And rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

Claire Wright must pay Xclusive Property Management Nz 2013 Limited As Agent For A And J Schultz $27.00 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $285.14 (6231996-005) to Xclusive Property Management Nz 2013 Limited As Agent For A And J Schultz immediately.

Reasons

Both parties attended the hearing by video.

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

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 failed to remove all rubbish from the property at the end of the tenancy. Specifically, the Landlord submitted that one wheelie bin was left full of rubbish, which they were required to dispose of at the tip due to the arrival of the incoming tenant. Additionally, plastic covering was left in the garage. The Tenant asserted that the bins were placed at the kerbside for scheduled collection by the rubbish truck, and that it was the Landlord’s decision to take the rubbish to the tip. However, the Landlord provided both photographic evidence and an invoice substantiating the cost incurred for rubbish removal.

The Landlord further claimed that the Tenant failed to clean the heat pump prior to vacating the premises. The ingoing and outgoing inspection reports support this claim, showing the heat pump was clean at the commencement of the tenancy and unclean at the conclusion. An invoice for cleaning was submitted by the Landlord.

Upon consideration of the evidence, I find the Tenant was responsible for removing all rubbish from the premises at the end of the tenancy. This responsibility is not discharged by relying on routine rubbish truck collection services. The Tenant was also responsible for ensuring the heat pump was cleaned, a duty which they failed to fulfill, as supported by the inspection reports and photographic evidence.

The amounts claimed by the Landlord in relation to rubbish removal and cleaning are proven.

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.

Damage to the premises occurred during the tenancy in the form of paint chipping on the interior walls, resulting from the Tenant’s use of adhesive stickers. The Tenant acknowledged the use of 3M-brand adhesive stickers. The Landlord provided an invoice for the cost of repairs.

Upon consideration of the inspection reports and the Tenant’s own admission regarding the use of adhesive stickers, I find that the damage was caused by the Tenant’s careless conduct.

The repair costs claimed by the Landlord are substantiated by the evidence and are therefore awarded.

As Xclusive Property Management Nz 2013 Limited As Agent For A And J Schultz has wholly succeeded with the claim the Tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5184032 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: And rubbish removal	$285.14	Repairs: And rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

Order

Claire Wright must pay Xclusive Property Management Nz 2013 Limited As Agent For A And J Schultz $27.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $285.14 (6231996-005) to Xclusive Property Management Nz 2013 Limited As Agent For A And J Schultz immediately.

Reasons

Both parties attended the hearing by video.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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 failed to remove all rubbish from the property at the end of the tenancy. Specifically, the Landlord submitted that one wheelie bin was left full of rubbish, which they were required to dispose of at the tip due to the arrival of the incoming tenant. Additionally, plastic covering was left in the garage. The Tenant asserted that the bins were placed at the kerbside for scheduled collection by the rubbish truck, and that it was the Landlord’s decision to take the rubbish to the tip. However, the Landlord provided both photographic evidence and an invoice substantiating the cost incurred for rubbish removal.
The Landlord further claimed that the Tenant failed to clean the heat pump prior to vacating the premises. The ingoing and outgoing inspection reports support this claim, showing the heat pump was clean at the commencement of the tenancy and unclean at the conclusion. An invoice for cleaning was submitted by the Landlord.
Upon consideration of the evidence, I find the Tenant was responsible for removing all rubbish from the premises at the end of the tenancy. This responsibility is not discharged by relying on routine rubbish truck collection services. The Tenant was also responsible for ensuring the heat pump was cleaned, a duty which they failed to fulfill, as supported by the inspection reports and photographic evidence.
The amounts claimed by the Landlord in relation to rubbish removal and cleaning are proven.

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.
Damage to the premises occurred during the tenancy in the form of paint chipping on the interior walls, resulting from the Tenant’s use of adhesive stickers. The Tenant acknowledged the use of 3M-brand adhesive stickers. The Landlord provided an invoice for the cost of repairs.
Upon consideration of the inspection reports and the Tenant’s own admission regarding the use of adhesive stickers, I find that the damage was caused by the Tenant’s careless conduct.
The repair costs claimed by the Landlord are substantiated by the evidence and are therefore awarded.
As Xclusive Property Management Nz 2013 Limited As Agent For A And J Schultz has wholly succeeded with the claim the Tenant must reimburse the filing fee.

Tenancy Tribunal case 5184032 — Tenancy dispute at Unit/Flat 8, 317 Gloucester Street, Christchurch Central,

At a glance

Tenancy Tribunal case 5184032 — Tenancy dispute at Unit/Flat 8, 317 Gloucester Street, 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