How much money was awarded in case 4529823?

Cleaning: $643.17 awarded to landlord; Pest Control: $318.00 awarded to landlord; Property Damage: $262.15 awarded to landlord; Property Damage: $307.75 awarded to landlord; Gate - Latch: $223.70 awarded to landlord; Holes In Walls: $193.55 awarded to landlord; Window Latches And Door Handles: $168.00 awarded to landlord; Rubbish Removal: $606.90 awarded to landlord; Rubbish Removal: $526.55 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Rubbish Removal: $61.02 awarded to landlord

What type of tenancy dispute was case 4529823?

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

Where can I read the official tribunal order for case 4529823?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9373564-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4529823?

Cleaning: $643.17 awarded to landlord; Pest Control: $318.00 awarded to landlord; Property Damage: $262.15 awarded to landlord; Property Damage: $307.75 awarded to landlord; Gate - Latch: $223.70 awarded to landlord; Holes In Walls: $193.55 awarded to landlord; Window Latches And Door Handles: $168.00 awarded to landlord; Rubbish Removal: $606.90 awarded to landlord; Rubbish Removal: $526.55 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Rubbish Removal: $61.02 awarded to landlord

What type of tenancy dispute was case 4529823?

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

Where can I read the official tribunal order for case 4529823?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9373564-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 29 Rata Vine Drive, Wiri, Auckland 2104 Tenancy Tribunal Case 4529823 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4529823?

The tribunal order states: No application for suppression has been made in this case and no suppression

Order

Claims and awards in Tenancy Tribunal application 4529823 — net $3,464.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: Interior	$526.55	Rubbish removal: Interior
Rubbish removal: Exterior	$606.90	Rubbish removal: Exterior
Rubbish removal: Skip bin hire	$350.00	Rubbish removal: Skip bin hire
Cleaning	$643.17	Cleaning
Pest control	$318.00	Pest control
Repairs: Holes in walls	$193.55	Repairs: Holes in walls
Window repairs	$262.15	Window repairs
Repairs: window latches and door handles	$168.00	Repairs: window latches and door handles
Rubbish removal: Tyres	$61.02	Rubbish removal: Tyres
Repairs: Gate - latch	$223.70	Repairs: Gate - latch
Repairs: Balance owed for previous repairs	$307.75	Repairs: Balance owed for previous repairs
Net award	$3,464.79
Total payable by Tenant to Landlord	$3,464.79

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Jade Carleen Rogers must pay Kāinga Ora–Homes And Communities $3,464.79 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $196.00 (3031694-007) to Kāinga Ora– Homes And Communities immediately.

Reasons

The landlord attended the hearing. The tenant did not.

The tenant has moved to another of the landlord’s addresses and the tenant was served with a copy of the notice of hearing at that address.

The landlord has applied for compensation for cleaning, rubbish removal and damages following the end of the tenancy.

The tenancy ended on 31 October 2022. The tenant had incurred costs for repairs which she was agreed to pay. The balance the tenant owed at the vacate date was $307.75.

The tenant agreed to pay for a skip bin when she vacated.

The agreed costs are proven and awarded.

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 and did not remove all rubbish.

There was substantial food and rubbish left in the premises. The landlord had to undertake pest eradication.

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 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 following damage was caused during the tenancy: • Window repairs (living room) • Holes in walls and graffiti throughout the house. • Door handles and window latches that needed to be replaced. • Gate latch that needed replacement. 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.

Claims and awards in Tenancy Tribunal application 4529823 — net $3,464.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: Interior	$526.55	Rubbish removal: Interior
Rubbish removal: Exterior	$606.90	Rubbish removal: Exterior
Rubbish removal: Skip bin hire	$350.00	Rubbish removal: Skip bin hire
Cleaning	$643.17	Cleaning
Pest control	$318.00	Pest control
Repairs: Holes in walls	$193.55	Repairs: Holes in walls
Window repairs	$262.15	Window repairs
Repairs: window latches and door handles	$168.00	Repairs: window latches and door handles
Rubbish removal: Tyres	$61.02	Rubbish removal: Tyres
Repairs: Gate - latch	$223.70	Repairs: Gate - latch
Repairs: Balance owed for previous repairs	$307.75	Repairs: Balance owed for previous repairs
Net award	$3,464.79
Total payable by Tenant to Landlord	$3,464.79

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Jade Carleen Rogers must pay Kāinga Ora–Homes And Communities $3,464.79 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $196.00 (3031694-007) to Kāinga Ora– Homes And Communities immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The tenant has moved to another of the landlord’s addresses and the tenant was served with a copy of the notice of hearing at that address.
The landlord has applied for compensation for cleaning, rubbish removal and damages following the end of the tenancy.
The tenancy ended on 31 October 2022. The tenant had incurred costs for repairs which she was agreed to pay. The balance the tenant owed at the vacate date was $307.75.
The tenant agreed to pay for a skip bin when she vacated.
The agreed costs are proven and awarded.

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 and did not remove all rubbish.
There was substantial food and rubbish left in the premises. The landlord had to undertake pest eradication.
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 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 following damage was caused during the tenancy: • Window repairs (living room) • Holes in walls and graffiti throughout the house. • Door handles and window latches that needed to be replaced. • Gate latch that needed replacement. 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.

Tenancy Tribunal case 4529823 — Property damage at Unit/Flat 4, 29 Rata Vine Drive, Wiri, Auckland 2104

At a glance

Tenancy Tribunal case 4529823 — Property damage at Unit/Flat 4, 29 Rata Vine Drive, Wiri, Auckland 2104

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

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

Frequently asked questions