What was the outcome of Tenancy Tribunal case 4936273?

The tribunal order states: Ofa Ki Muli Kaifa must pay Kāhui Tū Kaha Limited $6,610.35 immediately,

How much money was awarded in case 4936273?

Cleaning: $350.00 awarded to landlord; Cleaning: $350.00 awarded to landlord; Blinds: $1,437.50 awarded to landlord; Toilet Seat: $100.00 awarded to landlord; Walls: $1,800.00 awarded to landlord; Rubbish Removal: $850.00 awarded to landlord; Water Rates: $1,722.85 awarded to landlord

What type of tenancy dispute was case 4936273?

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

Where can I read the official tribunal order for case 4936273?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10880720-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4936273?

The tribunal order states: Ofa Ki Muli Kaifa must pay Kāhui Tū Kaha Limited $6,610.35 immediately,

How much money was awarded in case 4936273?

Cleaning: $350.00 awarded to landlord; Cleaning: $350.00 awarded to landlord; Blinds: $1,437.50 awarded to landlord; Toilet Seat: $100.00 awarded to landlord; Walls: $1,800.00 awarded to landlord; Rubbish Removal: $850.00 awarded to landlord; Water Rates: $1,722.85 awarded to landlord

What type of tenancy dispute was case 4936273?

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

Where can I read the official tribunal order for case 4936273?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10880720-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5, 29 Buckingham Crescent, Manukau, Auckland Tenancy Tribunal Case 4936273 — Property damage

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Unit/Flat 5, 29 Buckingham Crescent, Manukau, Auckland Tenancy Tribunal Case 4936273 — 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 4936273 — net $6,610.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$1,722.85	Water rates
Repairs: blinds	$1,437.50	Repairs: blinds
Repairs: walls	$1,800.00	Repairs: walls
Cleaning	$350.00	Cleaning
Carpet Cleaning	$350.00	Cleaning
Rubbish removal	$850.00	Rubbish removal
Repairs: toilet seat	$100.00	Repairs: toilet seat
Net award	$6,610.35
Total payable by Tenant to Landlord	$6,610.35

Claims and awards for application 4936273 — net $6,610.35 NZD. Verify on MoJ.

Water rates

Amount: $1,722.85
Awarded to: Landlord
Reason: Water rates

Repairs: blinds

Amount: $1,437.50
Awarded to: Landlord
Reason: Repairs: blinds

Repairs: walls

Amount: $1,800.00
Awarded to: Landlord
Reason: Repairs: walls

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Property damage Rubbish Removal Water Rates

Order

Ofa Ki Muli Kaifa must pay Kāhui Tū Kaha Limited $6,610.35 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for water rates and compensation following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 5 May 2024. The landlord provided water rates invoices which prove the amount owing at 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 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 leave the premises reasonably clean and tidy, and did not remove all rubbish.
Only the amounts ordered are proved. The amounts ordered takes into account the level of untidiness and condition left behind and reasonable costs to brig the property back to a reasonably clean and tidy standard.

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 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.
The following damage was caused during the tenancy: blinds, walls and toilet seat. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only 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 in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

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 4936273 — net $6,610.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$1,722.85	Water rates
Repairs: blinds	$1,437.50	Repairs: blinds
Repairs: walls	$1,800.00	Repairs: walls
Cleaning	$350.00	Cleaning
Carpet Cleaning	$350.00	Cleaning
Rubbish removal	$850.00	Rubbish removal
Repairs: toilet seat	$100.00	Repairs: toilet seat
Net award	$6,610.35
Total payable by Tenant to Landlord	$6,610.35

Claims and awards for application 4936273 — net $6,610.35 NZD. Verify on MoJ.

Water rates

Amount: $1,722.85
Awarded to: Landlord
Reason: Water rates

Repairs: blinds

Amount: $1,437.50
Awarded to: Landlord
Reason: Repairs: blinds

Repairs: walls

Amount: $1,800.00
Awarded to: Landlord
Reason: Repairs: walls

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Property damage Rubbish Removal Water Rates

Order

Ofa Ki Muli Kaifa must pay Kāhui Tū Kaha Limited $6,610.35 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for water rates and compensation following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 5 May 2024. The landlord provided water rates invoices which prove the amount owing at 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 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 leave the premises reasonably clean and tidy, and did not remove all rubbish.
Only the amounts ordered are proved. The amounts ordered takes into account the level of untidiness and condition left behind and reasonable costs to brig the property back to a reasonably clean and tidy standard.

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 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.
The following damage was caused during the tenancy: blinds, walls and toilet seat. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only 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 in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 4936273 — Property damage at Unit/Flat 5, 29 Buckingham Crescent, Manukau, Auckland

At a glance

Tenancy Tribunal case 4936273 — Property damage at Unit/Flat 5, 29 Buckingham Crescent, Manukau, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

Property management

Frequently asked questions