What was the outcome of Tenancy Tribunal case 4988310?

The tribunal order states: Flora Miriama Samuela must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 4988310?

Rubbish Removal: $2,977.79 awarded to landlord

What type of tenancy dispute was case 4988310?

The dispute type was not classified.

Where can I read the official tribunal order for case 4988310?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11280966-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4988310?

The tribunal order states: Flora Miriama Samuela must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 4988310?

Rubbish Removal: $2,977.79 awarded to landlord

What type of tenancy dispute was case 4988310?

The dispute type was not classified.

Where can I read the official tribunal order for case 4988310?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11280966-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 1 Harmony Avenue, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4988310 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4988310 — net $2,781.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs to walls, doors, rubbish removal & cleaning	$2,977.79	Repairs to walls, doors, rubbish removal & cleaning
Net award	$2,781.79
Total payable by Tenant to Landlord	$2,781.79

The Landlord attended the hearing by video. The Tenant did not attend by video or answer the telephone calls made by the Tribunal.

The landlord has applied for compensation, refund of the bond and rental credit.

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. An ingoing, outgoing inspection report and an invoice was provided to substantiate the costs.

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.

The following damage was caused during the tenancy: Damage to the walls and doors which was substantiated by the ingoing and outgoing inspection reports. 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 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.

The Landlord requested at the hearing that an Order be granted for the Tenant’s rental credit to be applied to the debt however there was no reference to the relevant legislation which allows the Tribunal to do so. For this reason, an Order has not been made in relation to the rental credit.

Claims and awards in Tenancy Tribunal application 4988310 — net $2,781.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs to walls, doors, rubbish removal & cleaning	$2,977.79	Repairs to walls, doors, rubbish removal & cleaning
Net award	$2,781.79
Total payable by Tenant to Landlord	$2,781.79

Order

Flora Miriama Samuela must pay Kāinga Ora–Homes And Communities $2,781.79 immediately, calculated as shown in table below.
The Bond Centre shall pay the Landlord $196.00 immediately.

Reasons

The Landlord attended the hearing by video. The Tenant did not attend by video or answer the telephone calls made by the Tribunal.
The landlord has applied for compensation, refund of the bond and rental credit.

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. An ingoing, outgoing inspection report and an invoice was provided to substantiate the costs.

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.
The following damage was caused during the tenancy: Damage to the walls and doors which was substantiated by the ingoing and outgoing inspection reports. 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 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.
The Landlord requested at the hearing that an Order be granted for the Tenant’s rental credit to be applied to the debt however there was no reference to the relevant legislation which allows the Tribunal to do so. For this reason, an Order has not been made in relation to the rental credit.

Tenancy Tribunal case 4988310 — Tenancy dispute at Unit/Flat 2, 1 Harmony Avenue, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 4988310 — Tenancy dispute at Unit/Flat 2, 1 Harmony Avenue, Otahuhu, Auckland 1062

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