What was the outcome of Tenancy Tribunal case 4787818?

The tribunal order states: Tegan Shona Mclean must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 4787818?

Property Damage: $345.42 awarded to landlord; Property Damage: $126.50 awarded to landlord; Property Damage: $271.81 awarded to landlord; Replace Carpet: $1,321.14 awarded to landlord; Rubbish Removal: $1,158.32 awarded to landlord; Rubbish Removal: $69.04 awarded to landlord

What type of tenancy dispute was case 4787818?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4787818?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10539025-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4787818?

The tribunal order states: Tegan Shona Mclean must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 4787818?

Property Damage: $345.42 awarded to landlord; Property Damage: $126.50 awarded to landlord; Property Damage: $271.81 awarded to landlord; Replace Carpet: $1,321.14 awarded to landlord; Rubbish Removal: $1,158.32 awarded to landlord; Rubbish Removal: $69.04 awarded to landlord

What type of tenancy dispute was case 4787818?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4787818?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10539025-Tenancy_Tribunal_Order.pdf.

Flat 1, 3 Saofaga Lane, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 4787818 — Property damage

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Flat 1, 3 Saofaga Lane, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 4787818 — 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 4787818. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Ranch slider window repairs	$345.42	Ranch slider window repairs
Replace carpet	$1,321.14	Replace carpet
Wall repairs	$126.50	Wall repairs
Door repairs	$271.81	Door repairs
Rubbish removal: tyres	$69.04	Rubbish removal: tyres
Rubbish removal: external shed, other items	$1,158.32	Rubbish removal: external shed, other items

Claims and awards for application 4787818. Verify on MoJ.

Ranch slider window repairs

Amount: $345.42
Awarded to: Landlord
Reason: Ranch slider window repairs

Replace carpet

Amount: $1,321.14
Awarded to: Landlord
Reason: Replace carpet

Wall repairs

Amount: $126.50
Awarded to: Landlord
Reason: Wall repairs

Door repairs

Amount: $271.81
Awarded to: Landlord
Reason: Door repairs

Rubbish removal: tyres

Amount: $69.04
Awarded to: Landlord
Reason: Rubbish removal: tyres

Rubbish removal: external shed, other items

Claim types — money lines allowed on this order

Property damage Rubbish Removal

Order

Tegan Shona Mclean must pay Kāinga Ora–Homes and Communities $3,292.23 immediately, calculated as shown in table below. DescriptionLandlord Ranch slider window repairs$345.42 Replace carpet$1,321.14 Wall repairs$126.50 Door repairs$271.81 Rubbish removal: tyres$69.04 Rubbish removal: external shed, other items$1,158.32 Total award$3,292.23

Reasons

Roberta Perese attended the hearing for the applicant.
The landlord has applied for compensation following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must vacate the premises, remove all their belongings, and rubbish.
The tenants did not remove some tyres, a homebuilt lean-to, and some other items.
The Tribunal orders the tenant to reimburse the landlord for the cost of removal, being $69.04 for the tyres and $1,158.32 for the other items.

Is the tenant responsible for the damage to the premises?

The landlord claims for the cost to repair a broken ranch slider window, two holes in the walls, and a damaged door and door frame, and to replace badly stained carpets.
The 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. 1
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. 2
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. 3
The damage claimed for occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The carpets were about four years old. The cost of replacement is reduced by 50 percent to account for depreciation. 1 Residential Tenancies Act 1986 (RTA), ss 40(2)(a), 41, and 49B. 2 RTA, s 49B(1). 3 Guo v Korck [2019] NZHC 1541.
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.

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 4787818. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Ranch slider window repairs	$345.42	Ranch slider window repairs
Replace carpet	$1,321.14	Replace carpet
Wall repairs	$126.50	Wall repairs
Door repairs	$271.81	Door repairs
Rubbish removal: tyres	$69.04	Rubbish removal: tyres
Rubbish removal: external shed, other items	$1,158.32	Rubbish removal: external shed, other items

Claims and awards for application 4787818. Verify on MoJ.

Ranch slider window repairs

Amount: $345.42
Awarded to: Landlord
Reason: Ranch slider window repairs

Replace carpet

Amount: $1,321.14
Awarded to: Landlord
Reason: Replace carpet

Wall repairs

Amount: $126.50
Awarded to: Landlord
Reason: Wall repairs

Door repairs

Amount: $271.81
Awarded to: Landlord
Reason: Door repairs

Rubbish removal: tyres

Amount: $69.04
Awarded to: Landlord
Reason: Rubbish removal: tyres

Rubbish removal: external shed, other items

Claim types — money lines allowed on this order

Property damage Rubbish Removal

Order

Reasons

Roberta Perese attended the hearing for the applicant.
The landlord has applied for compensation following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must vacate the premises, remove all their belongings, and rubbish.
The tenants did not remove some tyres, a homebuilt lean-to, and some other items.
The Tribunal orders the tenant to reimburse the landlord for the cost of removal, being $69.04 for the tyres and $1,158.32 for the other items.

Is the tenant responsible for the damage to the premises?

The landlord claims for the cost to repair a broken ranch slider window, two holes in the walls, and a damaged door and door frame, and to replace badly stained carpets.
The 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. 1
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. 2
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. 3
The damage claimed for occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The carpets were about four years old. The cost of replacement is reduced by 50 percent to account for depreciation. 1 Residential Tenancies Act 1986 (RTA), ss 40(2)(a), 41, and 49B. 2 RTA, s 49B(1). 3 Guo v Korck [2019] NZHC 1541.
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.

Tenancy Tribunal case 4787818 — Property damage at Flat 1, 3 Saofaga Lane, Mount Roskill, Auckland 1041

At a glance

Tenancy Tribunal case 4787818 — Property damage at Flat 1, 3 Saofaga Lane, Mount Roskill, Auckland 1041

At a glance

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

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