What was Tenancy Tribunal case 5350301 about?

The tribunal order states: Canterbury Property Management Limited as agent for Judith Ross must take

How much money was awarded in case 5350301?

Cleaning: $284.00 awarded to landlord; Compensation: $750.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $255.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Removal Of Goods To Storage And Disp…: $400.00 awarded to landlord; Replace Fridge: $998.00 awarded to landlord; Rubbish Removal: $2,702.96 awarded to landlord

What type of tenancy dispute was case 5350301?

The primary dispute was Property damage. Related themes: Mould & damp.

Where can I read the official tribunal order for case 5350301?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12815113-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5350301 about?

The tribunal order states: Canterbury Property Management Limited as agent for Judith Ross must take

How much money was awarded in case 5350301?

Cleaning: $284.00 awarded to landlord; Compensation: $750.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $255.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Removal Of Goods To Storage And Disp…: $400.00 awarded to landlord; Replace Fridge: $998.00 awarded to landlord; Rubbish Removal: $2,702.96 awarded to landlord

What type of tenancy dispute was case 5350301?

The primary dispute was Property damage. Related themes: Mould & damp.

Where can I read the official tribunal order for case 5350301?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12815113-Tenancy_Tribunal_Order.pdf.

323 Cambridge Terrace, Christchurch Central, Christchurch Tenancy Tribunal Case 5350301 — Property damage

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323 Cambridge Terrace, Christchurch Central, Christchurch Tenancy Tribunal Case 5350301 — 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 5350301 — net $6,167.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Removal of goods to storage and disposal of goods following Tribunal order	$400.00	Removal of goods to storage and disposal of goods following Tribunal order
Lock/key replacement	$255.00	Lock/key replacement
Cleaning, rubbish removal and dump fees	$2,702.96	Cleaning, rubbish removal and dump fees
Insurance excess for carpet replacement	$750.00	Insurance excess for carpet replacement
Replace fridge	$998.00	Replace fridge
Blind cleaning due to mould	$284.00	Blind cleaning due to mould
Loss of rent compensation - 1 week	$750.00	Loss of rent compensation - 1 week
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$6,167.96
Total payable by Tenant to Landlord	$6,167.96

Claims and awards for application 5350301 — net $6,167.96 NZD. Verify on MoJ.

Removal of goods to storage and disposal of goods following Tribunal order

Amount: $400.00
Awarded to: Landlord
Reason: Removal of goods to storage and disposal of goods following Tribunal order

Lock/key replacement

Amount: $255.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning, rubbish removal and dump fees

Amount: $2,702.96
Awarded to: Landlord
Reason: Cleaning, rubbish removal and dump fees

Insurance excess for carpet replacement

Amount: $750.00
Awarded to: Landlord
Reason: Insurance excess for carpet replacement

Replace fridge

Amount: $998.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Compensation Filing Fee Property damage Rubbish Removal

Order

Canterbury Property Management Limited as agent for Judith Ross must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.
[The tenant/s] tenant/s] must pay Canterbury Property Management Limited as agent for Judith Ross $6,167.96 immediately, as calculated below:

Reasons

Ms Idour represented the landlord. The tenant did not attend the hearing
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy. An application for exemplary damages was withdrawn as no unlawful act defined in the Residential Tenancies Act 1986 (RTA) was identified.

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 1 .
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The blinds had to be cleaned due to mould. The amount of work required to clean the premises was considerable.
The tenant did not return all the keys.
A fridge in near new condition was missing at the end of the tenancy.

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 carpets throughout the premises had to be replaced as they were stained with what the landlord believes was blood that went through the carpet and underlay to the floor. After negotiations, the owner’s insurer applied only one excess to the claim for carpet replacement. The tenant’s liability is limited to that amount.
I have awarded the landlord one week’s loss of rent compensation. New tenants could not move into the premises for over three weeks due to the carpet requiring replacement. However, not all that delay was due to the tenant’s breach of his statutory responsibilities.
The amounts ordered are proved by invoices and photos and by the evidence Ms Idour gave at the hearing. 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. Disposal of goods
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord is unable to contact the tenant.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. The landlord is authorised to dispose of the goods 2 .
As the application is successful the landlord is entitled to have the filing fee reimbursed.

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 5350301 — net $6,167.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Removal of goods to storage and disposal of goods following Tribunal order	$400.00	Removal of goods to storage and disposal of goods following Tribunal order
Lock/key replacement	$255.00	Lock/key replacement
Cleaning, rubbish removal and dump fees	$2,702.96	Cleaning, rubbish removal and dump fees
Insurance excess for carpet replacement	$750.00	Insurance excess for carpet replacement
Replace fridge	$998.00	Replace fridge
Blind cleaning due to mould	$284.00	Blind cleaning due to mould
Loss of rent compensation - 1 week	$750.00	Loss of rent compensation - 1 week
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$6,167.96
Total payable by Tenant to Landlord	$6,167.96

Claims and awards for application 5350301 — net $6,167.96 NZD. Verify on MoJ.

Removal of goods to storage and disposal of goods following Tribunal order

Amount: $400.00
Awarded to: Landlord
Reason: Removal of goods to storage and disposal of goods following Tribunal order

Lock/key replacement

Amount: $255.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning, rubbish removal and dump fees

Amount: $2,702.96
Awarded to: Landlord
Reason: Cleaning, rubbish removal and dump fees

Insurance excess for carpet replacement

Amount: $750.00
Awarded to: Landlord
Reason: Insurance excess for carpet replacement

Replace fridge

Amount: $998.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Compensation Filing Fee Property damage Rubbish Removal

Order

Canterbury Property Management Limited as agent for Judith Ross must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.
[The tenant/s] tenant/s] must pay Canterbury Property Management Limited as agent for Judith Ross $6,167.96 immediately, as calculated below:

Reasons

Ms Idour represented the landlord. The tenant did not attend the hearing
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy. An application for exemplary damages was withdrawn as no unlawful act defined in the Residential Tenancies Act 1986 (RTA) was identified.

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 1 .
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The blinds had to be cleaned due to mould. The amount of work required to clean the premises was considerable.
The tenant did not return all the keys.
A fridge in near new condition was missing at the end of the tenancy.

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 carpets throughout the premises had to be replaced as they were stained with what the landlord believes was blood that went through the carpet and underlay to the floor. After negotiations, the owner’s insurer applied only one excess to the claim for carpet replacement. The tenant’s liability is limited to that amount.
I have awarded the landlord one week’s loss of rent compensation. New tenants could not move into the premises for over three weeks due to the carpet requiring replacement. However, not all that delay was due to the tenant’s breach of his statutory responsibilities.
The amounts ordered are proved by invoices and photos and by the evidence Ms Idour gave at the hearing. 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. Disposal of goods
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord is unable to contact the tenant.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. The landlord is authorised to dispose of the goods 2 .
As the application is successful the landlord is entitled to have the filing fee reimbursed.

Tenancy Tribunal case 5350301 — Property damage at 323 Cambridge Terrace, Christchurch Central, Christchurch

At a glance

Tenancy Tribunal case 5350301 — Property damage at 323 Cambridge Terrace, Christchurch Central, Christchurch

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

Reduce avoidable tribunal risk with proper tenant checks.

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

Reduce avoidable tribunal risk with proper tenant checks.