What was the outcome of Tenancy Tribunal case 4996469?

The tribunal order states: Lavinia Rosezetta Moana Cowell must pay Kāinga Ora–Homes And

How much money was awarded in case 4996469?

Cleaning: $678.61 awarded to landlord; Plasterboard: $71.37 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Rubbish Removal: $227.06 awarded to landlord

What type of tenancy dispute was case 4996469?

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

Where can I read the official tribunal order for case 4996469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11286477-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4996469?

The tribunal order states: Lavinia Rosezetta Moana Cowell must pay Kāinga Ora–Homes And

How much money was awarded in case 4996469?

Cleaning: $678.61 awarded to landlord; Plasterboard: $71.37 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Rubbish Removal: $227.06 awarded to landlord

What type of tenancy dispute was case 4996469?

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

Where can I read the official tribunal order for case 4996469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11286477-Tenancy_Tribunal_Order.pdf.

27 Bates Street, Papakura, Papakura 2110 Tenancy Tribunal Case 4996469 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4996469 — net $1,477.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Plasterboard	$71.37	Repairs: Plasterboard
Cleaning	$678.61	Cleaning
Rubbish removal: Interior	$227.06	ed photos of the rubbish inside and outside the premises. The interior claim of $227.06 is reasonable.
Rubbish removal: Exterior	$500.00	large, but the claim for $820.60 is unreasonable. The tenant is ordered to pay $500.00 for exterior rubbish removal.
Net award	$1,477.04
Total payable by Tenant to Landlord	$1,477.04

The landlord attended this video hearing.

The tenant did not attend the hearing by Teams video link and telephone calls to the number provided for the tenant went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given.

The landlord has applied for compensation for damage following 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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy. The landlord provided photos of the areas which required cleaning and an invoice for the cleaning carried out. The claim is reasonable.

The tenant did not remove all rubbish. The landlord provided photos of the rubbish inside and outside the premises. The interior claim of $227.06 is reasonable. I do not consider the claim for removal of exterior rubbish to be reasonable. The photos show a modest amount of rubbish. I accept that some of the items were large, but the claim for $820.60 is unreasonable. The tenant is ordered to pay $500.00 for exterior rubbish removal.

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.

The following damage was caused during the tenancy: photos show holes in the walls. The landlord has provided invoices totalling $71.37 for plasterboard. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proven.

Claims and awards in Tenancy Tribunal application 4996469 — net $1,477.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Plasterboard	$71.37	Repairs: Plasterboard
Cleaning	$678.61	Cleaning
Rubbish removal: Interior	$227.06	ed photos of the rubbish inside and outside the premises. The interior claim of $227.06 is reasonable.
Rubbish removal: Exterior	$500.00	large, but the claim for $820.60 is unreasonable. The tenant is ordered to pay $500.00 for exterior rubbish removal.
Net award	$1,477.04
Total payable by Tenant to Landlord	$1,477.04

Order

Lavinia Rosezetta Moana Cowell must pay Kāinga Ora–Homes And Communities $1,477.04 immediately, calculated as shown in table below.

Reasons

The landlord attended this video hearing.
The tenant did not attend the hearing by Teams video link and telephone calls to the number provided for the tenant went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given.
The landlord has applied for compensation for damage following 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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy. The landlord provided photos of the areas which required cleaning and an invoice for the cleaning carried out. The claim is reasonable.
The tenant did not remove all rubbish. The landlord provided photos of the rubbish inside and outside the premises. The interior claim of $227.06 is reasonable. I do not consider the claim for removal of exterior rubbish to be reasonable. The photos show a modest amount of rubbish. I accept that some of the items were large, but the claim for $820.60 is unreasonable. The tenant is ordered to pay $500.00 for exterior rubbish removal.
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.
The following damage was caused during the tenancy: photos show holes in the walls. The landlord has provided invoices totalling $71.37 for plasterboard. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.

Tenancy Tribunal case 4996469 — Cleanliness at 27 Bates Street, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4996469 — Cleanliness at 27 Bates Street, Papakura, Papakura 2110

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