What was the outcome of Tenancy Tribunal case 4700269?

The tribunal order states: Vaiangina Mailangi must pay Kāinga Ora–Homes And Communities $2,682.56

How much money was awarded in case 4700269?

Cleaning: $420.22 awarded to landlord; Property Damage: $787.58 awarded to landlord; Property Damage: $49.93 awarded to landlord; Property Damage: $106.53 awarded to landlord; Replace Carpet (Bedroom: $522.28 awarded to landlord; Replace Carpet (Entrance Way: $180.79 awarded to landlord; Replace Carpet (Living Room: $615.23 awarded to landlord

What type of tenancy dispute was case 4700269?

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

Where can I read the official tribunal order for case 4700269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9847552-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4700269?

The tribunal order states: Vaiangina Mailangi must pay Kāinga Ora–Homes And Communities $2,682.56

How much money was awarded in case 4700269?

Cleaning: $420.22 awarded to landlord; Property Damage: $787.58 awarded to landlord; Property Damage: $49.93 awarded to landlord; Property Damage: $106.53 awarded to landlord; Replace Carpet (Bedroom: $522.28 awarded to landlord; Replace Carpet (Entrance Way: $180.79 awarded to landlord; Replace Carpet (Living Room: $615.23 awarded to landlord

What type of tenancy dispute was case 4700269?

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

Where can I read the official tribunal order for case 4700269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9847552-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 105, 22 Portage Road, Otahuhu, Auckland Tenancy Tribunal Case 4700269 — Property damage

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Unit/Flat Unit 105, 22 Portage Road, Otahuhu, Auckland Tenancy Tribunal Case 4700269 — 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 4700269 — net $2,682.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$420.22	Cleaning
Replace damaged stove	$787.58	Replace damaged stove
Repair hole in wall (entrance	$49.93	Repair hole in wall (entrance
Repair hole in wall (bedroom	$106.53	Repair hole in wall (bedroom
Replace carpet (living room	$615.23	Replace carpet (living room
Replace carpet (entrance way	$180.79	Replace carpet (entrance way
Replace carpet (bedroom	$522.28	Replace carpet (bedroom
Net award	$2,682.56
Total payable by Tenant to Landlord	$2,682.56

Claims and awards for application 4700269 — net $2,682.56 NZD. Verify on MoJ.

Cleaning

Amount: $420.22
Awarded to: Landlord
Reason: Cleaning

Replace damaged stove

Amount: $787.58
Awarded to: Landlord
Reason: Replace damaged stove

Repair hole in wall (entrance

Amount: $49.93
Awarded to: Landlord
Reason: Repair hole in wall (entrance

Repair hole in wall (bedroom

Amount: $106.53
Awarded to: Landlord
Reason: Repair hole in wall (bedroom

Replace carpet (living room

Amount: $615.23
Awarded to: Landlord
Reason: Replace carpet (living room

Claim types — money lines allowed on this order

Cleanliness Property damage

Order

Vaiangina Mailangi must pay Kāinga Ora–Homes And Communities $2,682.56 immediately, calculated as shown in table below.

Reasons

The hearing was held by teleconference. The landlord attended the hearing. Mr Mailangi did not attend. Mr Mailangi was contacted several times on the contact number provided in the application, but on all occasions the calls went straight to voicemail.
The landlord has applied for compensation following the end of the tenancy. The landlord’s claims for compensation for the locks ($87.70) and rubbish removal ($585.00) were withdrawn.
Despite the application being filed more than 2 months after the tenancy ended, I am satisfied that service requirements under section 91A of the Residential Tenancies Act 1986 (RTA) has been complied with and effective service of the hearing notice has taken place. Mr Mailangi continues to be a tenant with Kāinga Ora–Homes And Communities at his current address.

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.
I find the tenant did not leave the premises reasonably clean and tidy which was supported by the exit property inspection report and photographs produced by the landlord.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: the stove and walls wee damaged and the carpet was heavily stained. 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 & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4700269 — net $2,682.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$420.22	Cleaning
Replace damaged stove	$787.58	Replace damaged stove
Repair hole in wall (entrance	$49.93	Repair hole in wall (entrance
Repair hole in wall (bedroom	$106.53	Repair hole in wall (bedroom
Replace carpet (living room	$615.23	Replace carpet (living room
Replace carpet (entrance way	$180.79	Replace carpet (entrance way
Replace carpet (bedroom	$522.28	Replace carpet (bedroom
Net award	$2,682.56
Total payable by Tenant to Landlord	$2,682.56

Claims and awards for application 4700269 — net $2,682.56 NZD. Verify on MoJ.

Cleaning

Amount: $420.22
Awarded to: Landlord
Reason: Cleaning

Replace damaged stove

Amount: $787.58
Awarded to: Landlord
Reason: Replace damaged stove

Repair hole in wall (entrance

Amount: $49.93
Awarded to: Landlord
Reason: Repair hole in wall (entrance

Repair hole in wall (bedroom

Amount: $106.53
Awarded to: Landlord
Reason: Repair hole in wall (bedroom

Replace carpet (living room

Amount: $615.23
Awarded to: Landlord
Reason: Replace carpet (living room

Claim types — money lines allowed on this order

Cleanliness Property damage

Order

Vaiangina Mailangi must pay Kāinga Ora–Homes And Communities $2,682.56 immediately, calculated as shown in table below.

Reasons

The hearing was held by teleconference. The landlord attended the hearing. Mr Mailangi did not attend. Mr Mailangi was contacted several times on the contact number provided in the application, but on all occasions the calls went straight to voicemail.
The landlord has applied for compensation following the end of the tenancy. The landlord’s claims for compensation for the locks ($87.70) and rubbish removal ($585.00) were withdrawn.
Despite the application being filed more than 2 months after the tenancy ended, I am satisfied that service requirements under section 91A of the Residential Tenancies Act 1986 (RTA) has been complied with and effective service of the hearing notice has taken place. Mr Mailangi continues to be a tenant with Kāinga Ora–Homes And Communities at his current address.

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.
I find the tenant did not leave the premises reasonably clean and tidy which was supported by the exit property inspection report and photographs produced by the landlord.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: the stove and walls wee damaged and the carpet was heavily stained. 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 4700269 — Property damage at Unit/Flat Unit 105, 22 Portage Road, Otahuhu, Auckland

At a glance

Tenancy Tribunal case 4700269 — Property damage at Unit/Flat Unit 105, 22 Portage Road, Otahuhu, Auckland

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