What was the outcome of Tenancy Tribunal case 4926639?

The tribunal order states: Johnette Dawn Te-Auraki Hepisipa Morgan must pay Kāinga Ora–Homes And

How much money was awarded in case 4926639?

Cleaning: $651.16 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Walls: $794.95 awarded to landlord; Windows (X2: $653.86 awarded to landlord; Replace Bathroom And Kitchen Cabinet…: $551.76 awarded to landlord; Replace Doors: $815.43 awarded to landlord; Replace Heat Pump Remote: $157.41 awarded to landlord; Replace Light Switches, Light And He…: $167.45 awarded to landlord; Rubbish Removal: $4,419.10 awarded to landlord

What type of tenancy dispute was case 4926639?

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

Where can I read the official tribunal order for case 4926639?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11124075-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4926639?

The tribunal order states: Johnette Dawn Te-Auraki Hepisipa Morgan must pay Kāinga Ora–Homes And

How much money was awarded in case 4926639?

Cleaning: $651.16 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Walls: $794.95 awarded to landlord; Windows (X2: $653.86 awarded to landlord; Replace Bathroom And Kitchen Cabinet…: $551.76 awarded to landlord; Replace Doors: $815.43 awarded to landlord; Replace Heat Pump Remote: $157.41 awarded to landlord; Replace Light Switches, Light And He…: $167.45 awarded to landlord; Rubbish Removal: $4,419.10 awarded to landlord

What type of tenancy dispute was case 4926639?

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

Where can I read the official tribunal order for case 4926639?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11124075-Tenancy_Tribunal_Order.pdf.

2A Rosemary Lane, Manurewa, Auckland 2102 Tenancy Tribunal Case 4926639 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4926639 — net $8,231.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$4,419.10	Rubbish removal
Cleaning	$651.16	Cleaning
Repairs: Walls	$794.95	Repairs: Walls
Repairs: Windows (x2	$653.86	Repairs: Windows (x2
Replace doors	$815.43	Replace doors
Replace bathroom and kitchen cabinet doors	$551.76	Replace bathroom and kitchen cabinet doors
Replace heat pump remote	$157.41	Replace heat pump remote
Replace light switches, light and heat pump remote	$167.45	Replace light switches, light and heat pump remote
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,231.56
Total payable by Tenant to Landlord	$8,231.56

The landlord attended the hearing. The tenant did not.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

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 landlord provided photographs of the property at the beginning of the tenancy, which show it in a very clean and tidy condition. The landlord provided photographs of the property taken at the end of the tenancy, which show it in a very messy and dirty condition. There is a significant amount of rubbish and personal belongings strewn throughout the property. There is rubbish outside of the property and multiple large mattresses.

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

The landlord’s claims for rubbish removal and cleaning are granted in full for the following amounts: a. Rubbish removal (internal and external): $4,419.10 b. Cleaning: $651.16

The landlord gave evidence that the heat pump remote was missing at the end of the tenancy. The landlord’s claim for compensation to replace the heat pump remote is granted in full for $157.41.

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.

The landlord provided photographs of the property at the beginning of the tenancy, which show the walls and doors in good condition with no holes. All kitchen and bathroom cabinetry is intact and the windows are not broken. The landlord provided photographs of the property taken at the end of the tenancy, which show multiple large holes in various walls throughout the property, doors missing or broken and cabinet doors missing in the kitchen and bathroom. There are also broken windows and other forms of damage.

Based on the photographs provided, I find that the following damage occurred during the course of the tenancy: a. Multiple large holes in the walls b. Missing or broken internal doors c. Missing cabinet doors in the kitchen and bathroom d. Broken window in the living room and bedroom 1 e. Broken light switches f. Broken light.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord’s claim for compensation for damage is granted in full for $2,983.45.

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, if the tenant had not breached their obligations to the landlord. This means the landlord cannot receive compensation that would put them into a better position. In calculating depreciation, I have taken into account the age and general condition of the item when the damage occurred, and their otherwise useful life span. Filing fee

Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4926639 — net $8,231.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$4,419.10	Rubbish removal
Cleaning	$651.16	Cleaning
Repairs: Walls	$794.95	Repairs: Walls
Repairs: Windows (x2	$653.86	Repairs: Windows (x2
Replace doors	$815.43	Replace doors
Replace bathroom and kitchen cabinet doors	$551.76	Replace bathroom and kitchen cabinet doors
Replace heat pump remote	$157.41	Replace heat pump remote
Replace light switches, light and heat pump remote	$167.45	Replace light switches, light and heat pump remote
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,231.56
Total payable by Tenant to Landlord	$8,231.56

Order

Johnette Dawn Te-Auraki Hepisipa Morgan must pay Kāinga Ora–Homes And Communities $8,231.56 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

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 landlord provided photographs of the property at the beginning of the tenancy, which show it in a very clean and tidy condition. The landlord provided photographs of the property taken at the end of the tenancy, which show it in a very messy and dirty condition. There is a significant amount of rubbish and personal belongings strewn throughout the property. There is rubbish outside of the property and multiple large mattresses.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord’s claims for rubbish removal and cleaning are granted in full for the following amounts: a. Rubbish removal (internal and external): $4,419.10 b. Cleaning: $651.16
The landlord gave evidence that the heat pump remote was missing at the end of the tenancy. The landlord’s claim for compensation to replace the heat pump remote is granted in full for $157.41.
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.
The landlord provided photographs of the property at the beginning of the tenancy, which show the walls and doors in good condition with no holes. All kitchen and bathroom cabinetry is intact and the windows are not broken. The landlord provided photographs of the property taken at the end of the tenancy, which show multiple large holes in various walls throughout the property, doors missing or broken and cabinet doors missing in the kitchen and bathroom. There are also broken windows and other forms of damage.
Based on the photographs provided, I find that the following damage occurred during the course of the tenancy: a. Multiple large holes in the walls b. Missing or broken internal doors c. Missing cabinet doors in the kitchen and bathroom d. Broken window in the living room and bedroom 1 e. Broken light switches f. Broken light.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord’s claim for compensation for damage is granted in full for $2,983.45.
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, if the tenant had not breached their obligations to the landlord. This means the landlord cannot receive compensation that would put them into a better position. In calculating depreciation, I have taken into account the age and general condition of the item when the damage occurred, and their otherwise useful life span. Filing fee
Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4926639 — Property damage at 2A Rosemary Lane, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4926639 — Property damage at 2A Rosemary Lane, Manurewa, Auckland 2102

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