What was the outcome of Tenancy Tribunal case 4728350?

The tribunal order states: Fern Anita Hinehou Kahuroa must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 4728350?

Pest Control: $145.67 awarded to landlord; Property Damage: $74.00 awarded to landlord; Property Damage: $84.00 awarded to landlord; Wall Hole: $116.37 awarded to landlord; Rubbish Removal: $175.50 awarded to landlord; Skip Bin Hire: $367.02 awarded to landlord

What type of tenancy dispute was case 4728350?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4728350?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10152102-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4728350?

The tribunal order states: Fern Anita Hinehou Kahuroa must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 4728350?

Pest Control: $145.67 awarded to landlord; Property Damage: $74.00 awarded to landlord; Property Damage: $84.00 awarded to landlord; Wall Hole: $116.37 awarded to landlord; Rubbish Removal: $175.50 awarded to landlord; Skip Bin Hire: $367.02 awarded to landlord

What type of tenancy dispute was case 4728350?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4728350?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10152102-Tenancy_Tribunal_Order.pdf.

13 Tuata Street, One Tree Hill, Auckland 1061 Tenancy Tribunal Case 4728350 — Property damage

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13 Tuata Street, One Tree Hill, Auckland 1061 Tenancy Tribunal Case 4728350 — 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 4728350 — net $962.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$175.50	Rubbish removal
Repairs: Wall hole	$116.37	Repairs: Wall hole
Window repairs	$74.00	Window repairs
Skip bin hire	$367.02	Skip bin hire
Pest control	$145.67	Pest control
Lock/key replacement	$84.00	Lock/key replacement
Net award	$962.56
Total payable by Tenant to Landlord	$962.56

Claims and awards for application 4728350 — net $962.56 NZD. Verify on MoJ.

Rubbish removal

Amount: $175.50
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Wall hole

Amount: $116.37
Awarded to: Landlord
Reason: Repairs: Wall hole

Window repairs

Amount: $74.00
Awarded to: Landlord
Reason: Window repairs

Skip bin hire

Amount: $367.02
Awarded to: Landlord
Reason: Skip bin hire

Pest control

Amount: $145.67
Awarded to: Landlord
Reason: Pest control

Lock/key replacement

Claim types — money lines allowed on this order

Pest Control Property damage Rubbish Removal

Order

Fern Anita Hinehou Kahuroa must pay Kāinga Ora–Homes And Communities $962.56 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The landlord has applied for compensation following the end of the tenancy.
While the tenancy ended several months before the application was filed, the tenant relocated to another Kāinga Ora tenancy where she was served with this application and the documents. This service complies with section 91A(2) Residential Tenancies Act 1986.

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 remove all rubbish.
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: wall hole. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
The remaining claims relate to costs incurred during the tenancy.

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 4728350 — net $962.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$175.50	Rubbish removal
Repairs: Wall hole	$116.37	Repairs: Wall hole
Window repairs	$74.00	Window repairs
Skip bin hire	$367.02	Skip bin hire
Pest control	$145.67	Pest control
Lock/key replacement	$84.00	Lock/key replacement
Net award	$962.56
Total payable by Tenant to Landlord	$962.56

Claims and awards for application 4728350 — net $962.56 NZD. Verify on MoJ.

Rubbish removal

Amount: $175.50
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Wall hole

Amount: $116.37
Awarded to: Landlord
Reason: Repairs: Wall hole

Window repairs

Amount: $74.00
Awarded to: Landlord
Reason: Window repairs

Skip bin hire

Amount: $367.02
Awarded to: Landlord
Reason: Skip bin hire

Pest control

Amount: $145.67
Awarded to: Landlord
Reason: Pest control

Lock/key replacement

Claim types — money lines allowed on this order

Pest Control Property damage Rubbish Removal

Order

Fern Anita Hinehou Kahuroa must pay Kāinga Ora–Homes And Communities $962.56 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The landlord has applied for compensation following the end of the tenancy.
While the tenancy ended several months before the application was filed, the tenant relocated to another Kāinga Ora tenancy where she was served with this application and the documents. This service complies with section 91A(2) Residential Tenancies Act 1986.

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 remove all rubbish.
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: wall hole. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
The remaining claims relate to costs incurred during the tenancy.

Tenancy Tribunal case 4728350 — Property damage at 13 Tuata Street, One Tree Hill, Auckland 1061

At a glance

Tenancy Tribunal case 4728350 — Property damage at 13 Tuata Street, One Tree Hill, Auckland 1061

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