What was the outcome of Tenancy Tribunal case 4837140?

The tribunal order states: Sauileoge Falanai must pay Kāinga Ora–Homes And Communities $10,074.11

How much money was awarded in case 4837140?

Pest Control: $159.00 awarded to landlord; Pest Control: $159.00 awarded to landlord; Garage Door: $95.00 awarded to landlord; Patching Hole In Hallway: $20.56 awarded to landlord; Plastering Hallway: $42.31 awarded to landlord; Plastering Holes In Bedroom 2: $169.24 awarded to landlord; Plastering Laundry Hole 1: $169.24 awarded to landlord; Plastering Laundry Hole 2: $82.24 awarded to landlord; Plastering over door stop hole in be…: $42.31 awarded to landlord; Rehang Door In Bedroom 1: $54.74 awarded to landlord; Remove tenant shelves in cupboard in…: $68.47 awarded to landlord; Replace 2 Doors In Bedroom 1: $543.62 awarded to landlord; Replace Door Handle Bedroom 3: $26.07 awarded to landlord; Replace Door Hinges Bedroom 2: $543.62 awarded to landlord; Replace Door Stop Bedroom 3: $28.20 awarded to landlord; Rubbish Removal: $4,633.28 awarded to landlord; Rubbish Removal: $1,497.43 awarded to landlord; Rubbish Removal: $51.78 awarded to landlord; Rubbish Removal: $470.00 awarded to landlord; Rubbish Removal: $470.00 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Property Damage: $48.00 awarded to landlord

What type of tenancy dispute was case 4837140?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4837140?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10790151-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4837140?

The tribunal order states: Sauileoge Falanai must pay Kāinga Ora–Homes And Communities $10,074.11

How much money was awarded in case 4837140?

Pest Control: $159.00 awarded to landlord; Pest Control: $159.00 awarded to landlord; Garage Door: $95.00 awarded to landlord; Patching Hole In Hallway: $20.56 awarded to landlord; Plastering Hallway: $42.31 awarded to landlord; Plastering Holes In Bedroom 2: $169.24 awarded to landlord; Plastering Laundry Hole 1: $169.24 awarded to landlord; Plastering Laundry Hole 2: $82.24 awarded to landlord; Plastering over door stop hole in be…: $42.31 awarded to landlord; Rehang Door In Bedroom 1: $54.74 awarded to landlord; Remove tenant shelves in cupboard in…: $68.47 awarded to landlord; Replace 2 Doors In Bedroom 1: $543.62 awarded to landlord; Replace Door Handle Bedroom 3: $26.07 awarded to landlord; Replace Door Hinges Bedroom 2: $543.62 awarded to landlord; Replace Door Stop Bedroom 3: $28.20 awarded to landlord; Rubbish Removal: $4,633.28 awarded to landlord; Rubbish Removal: $1,497.43 awarded to landlord; Rubbish Removal: $51.78 awarded to landlord; Rubbish Removal: $470.00 awarded to landlord; Rubbish Removal: $470.00 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Property Damage: $48.00 awarded to landlord

What type of tenancy dispute was case 4837140?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4837140?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10790151-Tenancy_Tribunal_Order.pdf.

23 Kakapo Place, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4837140 — Property damage

Claims and awards in Tenancy Tribunal application 4837140 — net $10,074.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rubbish removal: Inside and under house

$1,497.43

Rubbish removal: Inside and under house

Rubbish removal: External

$4,633.28

Rubbish removal: External

Repairs: Plastering hallway

$42.31

Repairs: Plastering hallway

Repairs: Patching hole in hallway

$20.56

Repairs: Patching hole in hallway

Repairs: Rehang door in bedroom 1

$54.74

Repairs: Rehang door in bedroom 1

Repairs: Remove tenant shelves in cupboard in bedroom 2

$68.47

Repairs: Remove tenant shelves in cupboard in bedroom 2

Repairs: Plastering holes in bedroom 2

$169.24

Repairs: Plastering holes in bedroom 2

Repairs: Replace door handle bedroom 3

$26.07

Repairs: Replace door handle bedroom 3

Repairs: Replace door stop bedroom 3

$28.20

Repairs: Replace door stop bedroom 3

Repairs: Plastering over door stop hole in bedroom 3

$42.31

Repairs: Plastering over door stop hole in bedroom 3

Repairs: Plastering laundry hole 1

$169.24

Repairs: Plastering laundry hole 1

Repairs: Plastering laundry hole 2

$82.24

Repairs: Plastering laundry hole 2

Rubbish removal: Remove tyre

$51.78

Rubbish removal: Remove tyre

Repairs: Garage door

$95.00

Repairs: Garage door

Repairs: replace 2 doors in bedroom 1

$543.62

Repairs: replace 2 doors in bedroom 1

Repairs: replace door hinges bedroom 2

$543.62

Repairs: replace door hinges bedroom 2

Window repairs: 27 November 2019

$48.00

Window repairs: 27 November 2019

Rubbish removal: Skip bin 16 January 2020

$470.00

Rubbish removal: Skip bin 16 January 2020

Rubbish removal: Skip bin 29 October 2021

$350.00

Rubbish removal: Skip bin 29 October 2021

Pest control: Cockroach fumigation 20 October 2020

$159.00

Pest control: Cockroach fumigation 20 October 2020

Pest control: Rodent fumigation 29 November 2020

$159.00

Pest control: Rodent fumigation 29 November 2020

Rubbish removal: Skip bin 9 April 2021

$350.00

Rubbish removal: Skip bin 9 April 2021

Rubbish removal: Skip bin 23 November 2020

$470.00

Rubbish removal: Skip bin 23 November 2020

Net award

$10,074.11

Total payable by Tenant to Landlord

$10,074.11

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlord has applied for compensation for vacated damages following the end of the tenancy. Service of notice of hearing on tenant

The tenancy ended on 12 July 2023. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 14 March 2024.

Section 91AA of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf.”

The landlord gave evidence that the tenant has moved to another Kāinga Ora Homes And Communities premise, and it provided the tenancy agreement for the property where the tenant now resides.

The new tenancy agreement contains a different surname for the tenant than the one she used during this tenancy. The landlord has provided a copy of her passport details to prove this is the same person.

Tenancy Services sent the tenant three different emails offering the tenant the opportunity of attending mediation to settle this matter. She has not responded to any of these offers and does not respond to any attempts at communication made by her landlord about the unresolved debts she left at her prior residence when she vacated.

I am satisfied that all reasonable efforts have been made to serve the notice or other document on the tenant in accordance with the RTA.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

In addition, during the tenancy, the landlord offered the tenant the opportunity to avail herself of a number of skip bins to clear out the considerable amount of rubbish at the premise, it says was caused by over crowding at the premise. The tenant took up the offer to have the landlord pay the skip bin hire fees up front and she agreed to pay these fees back as she was able. She did not repay these debts by the time the tenancy ended. These costs have been added to the amounts awarded to the landlord, as they have proved the tenant approved all of these costs.

The landlord says the tenant also caused a rat, mice and cockroach infestation, well into the tenancy and the tenant agreed to pay for the fumigation of the premise in October and November 2020, but did not repay these debts by the end of her tenancy. These costs have been added to the amounts awarded to the landlord, as they have proved the tenant approved these costs and that the infestations occurred during the tenancy as result of acts or omissions by the tenant.

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.

From the photographic evidence provided to me, I find that the following damage was caused by the tenants careless acts and/or omissions during the tenancy: a. Multiple holes in the walls in the hallway, laundry and three bedrooms; b. Four doors that needed to be replaced in two bedrooms; c. Shelving the tenant installed that needed to be removed in bedroom 2; d. Door handle broken in bedroom 3; e. Doorstop broken in bedroom 3; f. Garage door broken; g. Door hinges in 2 bedrooms broken; and h. A window needed to be replaced in November 2019.

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 considered 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 considered 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 4837140 — net $10,074.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rubbish removal: Inside and under house

$1,497.43

Rubbish removal: Inside and under house

Rubbish removal: External

$4,633.28

Rubbish removal: External

Repairs: Plastering hallway

$42.31

Repairs: Plastering hallway

Repairs: Patching hole in hallway

$20.56

Repairs: Patching hole in hallway

Repairs: Rehang door in bedroom 1

$54.74

Repairs: Rehang door in bedroom 1

Repairs: Remove tenant shelves in cupboard in bedroom 2

$68.47

Repairs: Remove tenant shelves in cupboard in bedroom 2

Repairs: Plastering holes in bedroom 2

$169.24

Repairs: Plastering holes in bedroom 2

Repairs: Replace door handle bedroom 3

$26.07

Repairs: Replace door handle bedroom 3

Repairs: Replace door stop bedroom 3

$28.20

Repairs: Replace door stop bedroom 3

Repairs: Plastering over door stop hole in bedroom 3

$42.31

Repairs: Plastering over door stop hole in bedroom 3

Repairs: Plastering laundry hole 1

$169.24

Repairs: Plastering laundry hole 1

Repairs: Plastering laundry hole 2

$82.24

Repairs: Plastering laundry hole 2

Rubbish removal: Remove tyre

$51.78

Rubbish removal: Remove tyre

Repairs: Garage door

$95.00

Repairs: Garage door

Repairs: replace 2 doors in bedroom 1

$543.62

Repairs: replace 2 doors in bedroom 1

Repairs: replace door hinges bedroom 2

$543.62

Repairs: replace door hinges bedroom 2

Window repairs: 27 November 2019

$48.00

Window repairs: 27 November 2019

Rubbish removal: Skip bin 16 January 2020

$470.00

Rubbish removal: Skip bin 16 January 2020

Rubbish removal: Skip bin 29 October 2021

$350.00

Rubbish removal: Skip bin 29 October 2021

Pest control: Cockroach fumigation 20 October 2020

$159.00

Pest control: Cockroach fumigation 20 October 2020

Pest control: Rodent fumigation 29 November 2020

$159.00

Pest control: Rodent fumigation 29 November 2020

Rubbish removal: Skip bin 9 April 2021

$350.00

Rubbish removal: Skip bin 9 April 2021

Rubbish removal: Skip bin 23 November 2020

$470.00

Rubbish removal: Skip bin 23 November 2020

Net award

$10,074.11

Total payable by Tenant to Landlord

$10,074.11

Order

Sauileoge Falanai must pay Kāinga Ora–Homes And Communities $10,074.11 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for compensation for vacated damages following the end of the tenancy. Service of notice of hearing on tenant
The tenancy ended on 12 July 2023. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 14 March 2024.
Section 91AA of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf.”
The landlord gave evidence that the tenant has moved to another Kāinga Ora Homes And Communities premise, and it provided the tenancy agreement for the property where the tenant now resides.
The new tenancy agreement contains a different surname for the tenant than the one she used during this tenancy. The landlord has provided a copy of her passport details to prove this is the same person.
Tenancy Services sent the tenant three different emails offering the tenant the opportunity of attending mediation to settle this matter. She has not responded to any of these offers and does not respond to any attempts at communication made by her landlord about the unresolved debts she left at her prior residence when she vacated.
I am satisfied that all reasonable efforts have been made to serve the notice or other document on the tenant in accordance with the RTA.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
In addition, during the tenancy, the landlord offered the tenant the opportunity to avail herself of a number of skip bins to clear out the considerable amount of rubbish at the premise, it says was caused by over crowding at the premise. The tenant took up the offer to have the landlord pay the skip bin hire fees up front and she agreed to pay these fees back as she was able. She did not repay these debts by the time the tenancy ended. These costs have been added to the amounts awarded to the landlord, as they have proved the tenant approved all of these costs.
The landlord says the tenant also caused a rat, mice and cockroach infestation, well into the tenancy and the tenant agreed to pay for the fumigation of the premise in October and November 2020, but did not repay these debts by the end of her tenancy. These costs have been added to the amounts awarded to the landlord, as they have proved the tenant approved these costs and that the infestations occurred during the tenancy as result of acts or omissions by the tenant.
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.
From the photographic evidence provided to me, I find that the following damage was caused by the tenants careless acts and/or omissions during the tenancy: a. Multiple holes in the walls in the hallway, laundry and three bedrooms; b. Four doors that needed to be replaced in two bedrooms; c. Shelving the tenant installed that needed to be removed in bedroom 2; d. Door handle broken in bedroom 3; e. Doorstop broken in bedroom 3; f. Garage door broken; g. Door hinges in 2 bedrooms broken; and h. A window needed to be replaced in November 2019.
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 considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 4837140 — Property damage at 23 Kakapo Place, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 4837140 — Property damage at 23 Kakapo Place, Papatoetoe, Auckland 2025

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