What was the outcome of Tenancy Tribunal case 4891561?

The tribunal order states: Carla Renee Munu must pay Kāinga Ora–Homes And Communities $4,868.79

How much money was awarded in case 4891561?

Lawns and Garden Work: $150.00 awarded to landlord; Rent Credit: $639.30 awarded to tenant; Front Door - Hole: $88.15 awarded to landlord; Glass - Dining Window: $794.00 awarded to landlord; Glass - Living Room Window: $396.22 awarded to landlord; Property Damage: $271.81 awarded to landlord; Paint - Living Room Ceiling: $194.25 awarded to landlord; Painting - Dining Room Walls: $315.08 awarded to landlord; Painting - Living Room Walls: $660.15 awarded to landlord; Rubbish Removal: $868.74 awarded to landlord; Rubbish Removal: $1,769.69 awarded to landlord

What type of tenancy dispute was case 4891561?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4891561?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10967136-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4891561?

The tribunal order states: Carla Renee Munu must pay Kāinga Ora–Homes And Communities $4,868.79

How much money was awarded in case 4891561?

Lawns and Garden Work: $150.00 awarded to landlord; Rent Credit: $639.30 awarded to tenant; Front Door - Hole: $88.15 awarded to landlord; Glass - Dining Window: $794.00 awarded to landlord; Glass - Living Room Window: $396.22 awarded to landlord; Property Damage: $271.81 awarded to landlord; Paint - Living Room Ceiling: $194.25 awarded to landlord; Painting - Dining Room Walls: $315.08 awarded to landlord; Painting - Living Room Walls: $660.15 awarded to landlord; Rubbish Removal: $868.74 awarded to landlord; Rubbish Removal: $1,769.69 awarded to landlord

What type of tenancy dispute was case 4891561?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4891561?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10967136-Tribunal_Order.pdf.

73 Taurus Crescent, Beach Haven, Auckland 0626 Tenancy Tribunal Case 4891561 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4891561 — net $4,868.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Lawns and Garden work	$150.00		Lawns and Garden work
Rubbish removal: Exterior	$868.74		Rubbish removal: Exterior
Rubbish removal: Interior	$1,769.69		Rubbish removal: Interior
Repairs: Front door - hole	$88.15		Repairs: Front door - hole
Repairs: Internal door - replacement	$271.81		Repairs: Internal door - replacement
Repairs: Painting - living room walls	$660.15		Repairs: Painting - living room walls
Repairs: Paint - living room ceiling	$194.25		Repairs: Paint - living room ceiling
Repairs: Painting - dining room walls	$315.08		Repairs: Painting - dining room walls
Repairs: Glass - dining window	$794.00		Repairs: Glass - dining window
Repairs: Glass - living room window	$396.22		Repairs: Glass - living room window
Rent credit		$639.30	Rent credit
Total award	$5,508.09	$639.30
Net award	$4,868.79
Total payable by Tenant to Landlord	$4,868.79

The landlord has applied for compensation following the end of the tenancy.

On 24 September 2024, this matter was heard before me. On that date, an agent of the landlord appeared, the tenant did not appear. The first hearing was adjourned for Kainga Ora to provide evidence of the actual cost incurred to repair the damage caused by the tenant.

On 17 October 2024 the matter resumed part-heard. Ms Stephanie Smith appeared for Kainga Ora. The tenant did not attend and an attempt to call her last known mobile number went to voicemail. The tenancy

The tenancy ended on 27 March 2024. The landlord gave evidence that the tenant was in credit in rent at the end of the tenancy: a total of $639.30.

On the date the tenancy ended, Kainga Ora took possession of the property and conducted an inspection, including taking photographs of the condition of the property.

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.

Ms Smith gave evidence that the spreadsheet filed by Kainga Ora in its application has a column headed “Est Cost”. Ms Smith stated “Est cost” stood for “Established Cost”, not “Estimated Cost.” Ms Smith stated the amounts in that column were the actual costs as charged to Kainga Ora by their contractors who carried out the work. Ms Smith confirmed the work has been completed. The property was re-tenanted on 30 April 2024, and the work was completed before that date.

At the first hearing on 24 September 2024, the agent of the landlord indicated Kainga Ora would reduce the claim for lawns and garden work from $800.00 to $150.00 on the basis that, once the rubbish was removed, the lawn work was not significant. At today’s hearing, Ms Smith confirmed Kainga Ora’s position to reduce the claim for lawn work to $150.

Other than an adjustment to the lawn and garden work, which is reduced to $150.00, I make an order for the amounts as claimed in the application. 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.

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 landlord produced an inspection report, with photographs, dated 12 December 2023, that is shortly before the start of the tenancy on 8 January 2024. The landlord also produced a second inspection report, with photographs, dated 27 March 2023, the day the tenancy ended.

I am satisfied the inspection reports show the following damage was caused during the tenancy: hole in the front door, broken internal door, graffiti and black marks on the walls and ceilings in the living room and dining room, and broken glass windows in the dining room and living room. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Claims and awards in Tenancy Tribunal application 4891561 — net $4,868.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Lawns and Garden work	$150.00		Lawns and Garden work
Rubbish removal: Exterior	$868.74		Rubbish removal: Exterior
Rubbish removal: Interior	$1,769.69		Rubbish removal: Interior
Repairs: Front door - hole	$88.15		Repairs: Front door - hole
Repairs: Internal door - replacement	$271.81		Repairs: Internal door - replacement
Repairs: Painting - living room walls	$660.15		Repairs: Painting - living room walls
Repairs: Paint - living room ceiling	$194.25		Repairs: Paint - living room ceiling
Repairs: Painting - dining room walls	$315.08		Repairs: Painting - dining room walls
Repairs: Glass - dining window	$794.00		Repairs: Glass - dining window
Repairs: Glass - living room window	$396.22		Repairs: Glass - living room window
Rent credit		$639.30	Rent credit
Total award	$5,508.09	$639.30
Net award	$4,868.79
Total payable by Tenant to Landlord	$4,868.79

Order

Carla Renee Munu must pay Kāinga Ora–Homes And Communities $4,868.79 immediately, calculated as shown in table below.

Reasons

The landlord has applied for compensation following the end of the tenancy.
On 24 September 2024, this matter was heard before me. On that date, an agent of the landlord appeared, the tenant did not appear. The first hearing was adjourned for Kainga Ora to provide evidence of the actual cost incurred to repair the damage caused by the tenant.
On 17 October 2024 the matter resumed part-heard. Ms Stephanie Smith appeared for Kainga Ora. The tenant did not attend and an attempt to call her last known mobile number went to voicemail. The tenancy
The tenancy ended on 27 March 2024. The landlord gave evidence that the tenant was in credit in rent at the end of the tenancy: a total of $639.30.
On the date the tenancy ended, Kainga Ora took possession of the property and conducted an inspection, including taking photographs of the condition of the property.

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.
Ms Smith gave evidence that the spreadsheet filed by Kainga Ora in its application has a column headed “Est Cost”. Ms Smith stated “Est cost” stood for “Established Cost”, not “Estimated Cost.” Ms Smith stated the amounts in that column were the actual costs as charged to Kainga Ora by their contractors who carried out the work. Ms Smith confirmed the work has been completed. The property was re-tenanted on 30 April 2024, and the work was completed before that date.
At the first hearing on 24 September 2024, the agent of the landlord indicated Kainga Ora would reduce the claim for lawns and garden work from $800.00 to $150.00 on the basis that, once the rubbish was removed, the lawn work was not significant. At today’s hearing, Ms Smith confirmed Kainga Ora’s position to reduce the claim for lawn work to $150.
Other than an adjustment to the lawn and garden work, which is reduced to $150.00, I make an order for the amounts as claimed in the application. 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.
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 landlord produced an inspection report, with photographs, dated 12 December 2023, that is shortly before the start of the tenancy on 8 January 2024. The landlord also produced a second inspection report, with photographs, dated 27 March 2023, the day the tenancy ended.
I am satisfied the inspection reports show the following damage was caused during the tenancy: hole in the front door, broken internal door, graffiti and black marks on the walls and ceilings in the living room and dining room, and broken glass windows in the dining room and living room. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 4891561 — Property damage at 73 Taurus Crescent, Beach Haven, Auckland 0626

At a glance

Tenancy Tribunal case 4891561 — Property damage at 73 Taurus Crescent, Beach Haven, Auckland 0626

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