'Prize-winning gardener' cleared in rental dispute after plants die in flooding
A “prize-winning gardener” planted her late mother’s rose bushes in the garden of a rental property, where she was living.
But by the end of the tenancy, the rose bushes and existing mature evergreen plants at the Christchurch property were either dead or removed.
This led the landlord, Whittle Knight Property Management Limited, to apply to the Tenancy Tribunal for compensation for the missing and dead plants.
The landlord also sought compensation for alleged damage to the garage carpet, while the tenant, Victoria Bouvet, applied to the tribunal to reclaim her bond.
A recently released decision by the tribunal stated that at the beginning of the tenancy, mature evergreen bushes lined the property’s boundary.
Bouvet asked the landlord if she could plant her late mother’s roses in the same area, and the landlord agreed, on the condition that she leave the garden in the same condition she found it at the start of the tenancy.
However, the landlord told the tribunal that at the end of the tenancy, the plants along the fence line were either dead or removed, and Bouvet had added stones to an area where there had once been bark.
Bouvet told the tribunal the plants died because of severe flooding in the backyard following heavy rainfall, which she said she had repeatedly raised with the landlord.
She said the plants, including her roses, had been affected by harsh weather conditions and inadequate drainage. She added that she had placed stones along the fence line to help manage the flooding.
“She was a prize-winning gardener and provided photographs of the other areas of the garden, which were well maintained,” tribunal adjudicator Aneterea Andrew Aiolupotea said in the decision.
“Photographs were also provided of the flooded area after it rained and text message correspondence between the parties praising the tenant for keeping the property in an immaculate condition.”
Aiolupotea ruled Bouvet was not responsible for the dead plants, and the overall condition of the garden indicated she had paid “consistent attention and respect for the property”.
The adjudicator also noted Bouvet had sought permission before planting the roses, showing a respectful and considerate attitude toward the landlord’s property.
“I also accept the tenant would have taken the utmost care to ensure her mother’s roses flourished in the backyard and because of factors beyond her control, did not.”
In relation to the landlord’s claim for compensation for damage to the garage carpet, it was alleged there were tyre marks caused as the tenant repeatedly manoeuvred her vehicle to avoid a treadmill stored against the wall.
The landlord submitted evidence from a repair company, which said the carpet had been excessively worn due to steering movements when vehicles entered and exited the garage. The landlord argued that had the treadmill not been stored there, there would not have been excessive turning of the wheels.
The landlord also pointed out that a previous tenant had not left similar damage.
Bouvet told the tribunal the garage was intended for vehicle storage and that tyre marks on the garage carpet were consistent with normal use and fair wear and tear.
Aiolupotea agreed.
“I find that the tenant used the garage for its ordinary purpose and did not subject it to any use beyond what would reasonably be expected.
“The tyre marks and wear to the garage floor were fair wear and tear.”
The landlord’s claims were dismissed and an order was made awarding Bouvet her $2400 bond.
Brianna McIlraith is a Queenstown-based reporter for Open Justice covering courts in the lower South Island. She has been a journalist since 2018 and has had a strong interest in business and financial journalism.
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