What was Tenancy Tribunal case 5468832 about?

The tribunal order states: [The tenant/s] must pay Wolfbrook Property Management Limited As Agent For

How much money was awarded in case 5468832?

Cleaning: $460.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $529.00 awarded to landlord; Rubbish Removal: $339.25 awarded to landlord

What type of tenancy dispute was case 5468832?

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

Where can I read the official tribunal order for case 5468832?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13871440-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5468832 about?

The tribunal order states: [The tenant/s] must pay Wolfbrook Property Management Limited As Agent For

How much money was awarded in case 5468832?

Cleaning: $460.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $529.00 awarded to landlord; Rubbish Removal: $339.25 awarded to landlord

What type of tenancy dispute was case 5468832?

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

Where can I read the official tribunal order for case 5468832?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13871440-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 5, 406 Armagh Street, Linwood, Christchurch Tenancy Tribunal Case 5468832 — Property damage

Tenantcheck Insights

Unit/Flat Unit 5, 406 Armagh Street, Linwood, Christchurch Tenancy Tribunal Case 5468832 — 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 5468832 — net $912.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$460.00	Cleaning
Rubbish removal	$339.25	Rubbish removal
Repairs	$529.00	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$912.83
Total payable by Tenant to Landlord	$912.83

Claims and awards for application 5468832 — net $912.83 NZD. Verify on MoJ.

Cleaning

Amount: $460.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $339.25
Awarded to: Landlord
Reason: Rubbish removal

Repairs

Amount: $529.00
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $912.83

Total payable by Tenant to Landlord

Landlord $912.83

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

[The tenant/s] must pay Wolfbrook Property Management Limited As Agent For Richard And [The landlord/s] $912.83 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for compensation, refund of the balance of the bond, and reimbursement of the filing fee following the end of the tenancy.
Part of the bond has already been applied to rent arrears. The balance of $443.42 remains at the Bond Centre.

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 and remove all rubbish.
The landlord provided a copy of the entry inspection and photos from the end of the tenancy. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. A number of cupboards and drawers were very dirty, the oven had not been cleaned, the bathroom required cleaning, and there was rubbish left inside and out.
The landlord submitted an invoice for cleaning for $460 and a quote for rubbish removal, including dump fees for $339.25.
Those amounts are ordered.

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 property was new at the start of the tenancy.
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 photos show several areas where the tenant has attempted to patch the walls and corners. Paint has been scraped in some areas and there is some plaster on the walls.
The landlord provided a quote for $529 for repairing the walls. The quote was accepted.
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 Wolfbrook Property Management Limited As Agent For Richard And [The landlord/s] has wholly succeeded with the claim I must reimburse the filing 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 5468832 — net $912.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$460.00	Cleaning
Rubbish removal	$339.25	Rubbish removal
Repairs	$529.00	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$912.83
Total payable by Tenant to Landlord	$912.83

Claims and awards for application 5468832 — net $912.83 NZD. Verify on MoJ.

Cleaning

Amount: $460.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $339.25
Awarded to: Landlord
Reason: Rubbish removal

Repairs

Amount: $529.00
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $912.83

Total payable by Tenant to Landlord

Landlord $912.83

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

[The tenant/s] must pay Wolfbrook Property Management Limited As Agent For Richard And [The landlord/s] $912.83 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for compensation, refund of the balance of the bond, and reimbursement of the filing fee following the end of the tenancy.
Part of the bond has already been applied to rent arrears. The balance of $443.42 remains at the Bond Centre.

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 and remove all rubbish.
The landlord provided a copy of the entry inspection and photos from the end of the tenancy. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. A number of cupboards and drawers were very dirty, the oven had not been cleaned, the bathroom required cleaning, and there was rubbish left inside and out.
The landlord submitted an invoice for cleaning for $460 and a quote for rubbish removal, including dump fees for $339.25.
Those amounts are ordered.

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 property was new at the start of the tenancy.
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 photos show several areas where the tenant has attempted to patch the walls and corners. Paint has been scraped in some areas and there is some plaster on the walls.
The landlord provided a quote for $529 for repairing the walls. The quote was accepted.
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 Wolfbrook Property Management Limited As Agent For Richard And [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5468832 — Property damage at Unit/Flat Unit 5, 406 Armagh Street, Linwood, Christchurch

At a glance

Tenancy Tribunal case 5468832 — Property damage at Unit/Flat Unit 5, 406 Armagh Street, Linwood, 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

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