What was the outcome of Tenancy Tribunal case 5240091?

The tribunal order states: Chantelle Heather Duncan must pay Pride Property Management Ltd As Agent

How much money was awarded in case 5240091?

Cleaning: $120.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $619.28 awarded to landlord; Cleaning: $2,500.00 awarded to landlord; Previous Order Application 5229785 D…: $77.95 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $2,265.50 awarded to landlord; Heat Pump: $595.49 awarded to landlord; Rubbish Removal: $560.00 awarded to landlord; Skip Bins: $519.00 awarded to landlord; Tip Fees: $61.09 awarded to landlord

What type of tenancy dispute was case 5240091?

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

Where can I read the official tribunal order for case 5240091?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12046073-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5240091?

The tribunal order states: Chantelle Heather Duncan must pay Pride Property Management Ltd As Agent

How much money was awarded in case 5240091?

Cleaning: $120.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $619.28 awarded to landlord; Cleaning: $2,500.00 awarded to landlord; Previous Order Application 5229785 D…: $77.95 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $2,265.50 awarded to landlord; Heat Pump: $595.49 awarded to landlord; Rubbish Removal: $560.00 awarded to landlord; Skip Bins: $519.00 awarded to landlord; Tip Fees: $61.09 awarded to landlord

What type of tenancy dispute was case 5240091?

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

Where can I read the official tribunal order for case 5240091?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12046073-Tribunal_Order.pdf.

100 Oreti Street, Kingswell, Invercargill 9812 Tenancy Tribunal Case 5240091 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5240091 — net $9,345.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5229785 dated 15/04/2025	$77.95	Previous order application 5229785 dated 15/04/2025
Insurance excess for flooring repairs in kitchen	$500.00	Insurance excess for flooring repairs in kitchen
Excess for the damage to Aluminium joinery	$500.00	Excess for the damage to Aluminium joinery
2 x excess for Wall repairs in bedroom	$1,000.00	2 x excess for Wall repairs in bedroom
Cleaning	$120.00	Cleaning
Lock/key replacement: house, sleep put and garage	$619.28	Lock/key replacement: house, sleep put and garage
Rubbish removal	$560.00	Rubbish removal
Tip fees	$61.09	Tip fees
skip bins	$519.00	skip bins
Repairs not covered by insurance	$2,265.50	Repairs not covered by insurance
Repairs: Heat pump	$595.49	Repairs: Heat pump
Meth testing/Cleaning: Excess only	$2,500.00	Meth testing/Cleaning: Excess only
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,345.31
Total payable by Tenant to Landlord	$9,345.31

The tenant failed to make herself available for today’s hearing.

The landlord had previously sought termination for rent arrears and this order was made on 15 April 2025. The bond was paid to the landlord for the rent arrears leaving a balance of $77.95 owing. I have incorporated this into this order today.

The application before me today is for the extensive clean-up costs.

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.

Having considered the photo evidence, the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys. The tenant in fact abandoned the property leaving it insecure.

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.

The evidence before me shows that there was meth contamination during this tenancy. As a result, decontamination was required. This however was covered largely by the landlord’s insurance and therefore the claim is for the excess only.

There was further damage covered by the landlord insurance and therefore a number of individual excess claims were required.

There was significant damage to the internal walls and aluminium joinery, including windowsills and doors. The heat pump had also been damaged.

There was damage that was not covered by the insurance due to the cost to remedy. This included a hole in the wardrobe ceiling in a bedroom, wall repairs behind the hallway door, kitchen cabinet doors, dents in the lounge wall, burnout holes in the driveway and holes left behind where a security camera had been removed.

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

The amounts ordered are proved.

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.

Because Pride Property Management Ltd As Agent For Chami And Asitha Abeysinghe has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5240091 — net $9,345.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5229785 dated 15/04/2025	$77.95	Previous order application 5229785 dated 15/04/2025
Insurance excess for flooring repairs in kitchen	$500.00	Insurance excess for flooring repairs in kitchen
Excess for the damage to Aluminium joinery	$500.00	Excess for the damage to Aluminium joinery
2 x excess for Wall repairs in bedroom	$1,000.00	2 x excess for Wall repairs in bedroom
Cleaning	$120.00	Cleaning
Lock/key replacement: house, sleep put and garage	$619.28	Lock/key replacement: house, sleep put and garage
Rubbish removal	$560.00	Rubbish removal
Tip fees	$61.09	Tip fees
skip bins	$519.00	skip bins
Repairs not covered by insurance	$2,265.50	Repairs not covered by insurance
Repairs: Heat pump	$595.49	Repairs: Heat pump
Meth testing/Cleaning: Excess only	$2,500.00	Meth testing/Cleaning: Excess only
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,345.31
Total payable by Tenant to Landlord	$9,345.31

Order

Chantelle Heather Duncan must pay Pride Property Management Ltd As Agent For Chami And Asitha Abeysinghe $9,345.31 immediately, calculated as shown in table below.

Reasons

The tenant failed to make herself available for today’s hearing.
The landlord had previously sought termination for rent arrears and this order was made on 15 April 2025. The bond was paid to the landlord for the rent arrears leaving a balance of $77.95 owing. I have incorporated this into this order today.
The application before me today is for the extensive clean-up costs.

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.
Having considered the photo evidence, the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys. The tenant in fact abandoned the property leaving it insecure.
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.
The evidence before me shows that there was meth contamination during this tenancy. As a result, decontamination was required. This however was covered largely by the landlord’s insurance and therefore the claim is for the excess only.
There was further damage covered by the landlord insurance and therefore a number of individual excess claims were required.
There was significant damage to the internal walls and aluminium joinery, including windowsills and doors. The heat pump had also been damaged.
There was damage that was not covered by the insurance due to the cost to remedy. This included a hole in the wardrobe ceiling in a bedroom, wall repairs behind the hallway door, kitchen cabinet doors, dents in the lounge wall, burnout holes in the driveway and holes left behind where a security camera had been removed.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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.
Because Pride Property Management Ltd As Agent For Chami And Asitha Abeysinghe has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5240091 — Property damage at 100 Oreti Street, Kingswell, Invercargill 9812

At a glance

Tenancy Tribunal case 5240091 — Property damage at 100 Oreti Street, Kingswell, Invercargill 9812

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