What was the outcome of Tenancy Tribunal case 5422654?

The tribunal order states: Aman Prasad and Ritu Prasad must pay A1 Property Managers Limited

How much money was awarded in case 5422654?

Cleaning: $280.00 awarded to landlord; Cleaning: $204.13 awarded to landlord; Cleaning: $230.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Cooktop: $500.00 awarded to landlord; Paintwork (50% Of Invoice: $776.25 awarded to landlord; Rubbish Removal: $108.68 awarded to landlord

What type of tenancy dispute was case 5422654?

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

Where can I read the official tribunal order for case 5422654?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13308046-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5422654?

The tribunal order states: Aman Prasad and Ritu Prasad must pay A1 Property Managers Limited

How much money was awarded in case 5422654?

Cleaning: $280.00 awarded to landlord; Cleaning: $204.13 awarded to landlord; Cleaning: $230.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Cooktop: $500.00 awarded to landlord; Paintwork (50% Of Invoice: $776.25 awarded to landlord; Rubbish Removal: $108.68 awarded to landlord

What type of tenancy dispute was case 5422654?

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

Where can I read the official tribunal order for case 5422654?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13308046-Tenancy_Tribunal_Order.pdf.

12 Kittyhawk Avenue, Wigram, Christchurch 8042 Tenancy Tribunal Case 5422654 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5422654 — net $147.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$204.13	Cleaning
Carpet cleaning	$280.00	Carpet cleaning
Curtain cleaning	$230.00	Curtain cleaning
Repairs: Cooktop	$500.00	Repairs: Cooktop
Rubbish removal: carpet in garage	$108.68	Rubbish removal: carpet in garage
Repairs: Paintwork (50% of invoice	$776.25	Repairs: Paintwork (50% of invoice
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$147.06
Total payable by Tenant to Landlord	$147.06

The landlord attended the hearing. The tenant did not appear.

The absence of a party does not prevent the matter from being heard and determined.

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 did not leave the premises reasonably clean and tidy in some minor areas as noted on the general cleaning invoice, and did not remove their old carpet from the garage. The carpets were stained, and bedroom curtains were not left reasonably clean.

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 caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess (usually per event) 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.

Although I acknowledge some minor pre-existing marks on walls and a fair degree of wear and tear, I also acknowledge damage to some walls and paintwork which occurred during this tenancy, and is more than wear and tear.

The tenant has not disproved liability for the damage.

I award 50% of the invoice provided as fair, reasonable and proportionate compensation. The amount ordered is proved.

The cooktop was damaged during this tenancy and had to be replaced. I award $500.00 insurance excess as claimed.

As the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5422654 — net $147.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$204.13	Cleaning
Carpet cleaning	$280.00	Carpet cleaning
Curtain cleaning	$230.00	Curtain cleaning
Repairs: Cooktop	$500.00	Repairs: Cooktop
Rubbish removal: carpet in garage	$108.68	Rubbish removal: carpet in garage
Repairs: Paintwork (50% of invoice	$776.25	Repairs: Paintwork (50% of invoice
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$147.06
Total payable by Tenant to Landlord	$147.06

Order

Aman Prasad and Ritu Prasad must pay A1 Property Managers Limited $147.06 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,980.00 (6005735-003) to A1 Property Managers Limited immediately.

Reasons

The landlord attended the hearing. The tenant did not appear.
The absence of a party does not prevent the matter from being heard and determined.
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 did not leave the premises reasonably clean and tidy in some minor areas as noted on the general cleaning invoice, and did not remove their old carpet from the garage. The carpets were stained, and bedroom curtains were not left reasonably clean.
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 caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess (usually per event) 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.
Although I acknowledge some minor pre-existing marks on walls and a fair degree of wear and tear, I also acknowledge damage to some walls and paintwork which occurred during this tenancy, and is more than wear and tear.
The tenant has not disproved liability for the damage.
I award 50% of the invoice provided as fair, reasonable and proportionate compensation. The amount ordered is proved.
The cooktop was damaged during this tenancy and had to be replaced. I award $500.00 insurance excess as claimed.
As the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 5422654 — Property damage at 12 Kittyhawk Avenue, Wigram, Christchurch 8042

At a glance

Tenancy Tribunal case 5422654 — Property damage at 12 Kittyhawk Avenue, Wigram, Christchurch 8042

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