What was the outcome of Tenancy Tribunal case 5006145?

The tribunal order states: Further service on the tenant is dispensed with.

How much money was awarded in case 5006145?

Cleaning: $52.04 awarded to landlord; Cleaning: $455.85 awarded to landlord; Previous Access Card Charges: $42.00 awarded to landlord; Property Damage: $155.60 awarded to landlord; Rubbish Removal: $2,270.55 awarded to landlord

What type of tenancy dispute was case 5006145?

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

Where can I read the official tribunal order for case 5006145?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11556887-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5006145?

The tribunal order states: Further service on the tenant is dispensed with.

How much money was awarded in case 5006145?

Cleaning: $52.04 awarded to landlord; Cleaning: $455.85 awarded to landlord; Previous Access Card Charges: $42.00 awarded to landlord; Property Damage: $155.60 awarded to landlord; Rubbish Removal: $2,270.55 awarded to landlord

What type of tenancy dispute was case 5006145?

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

Where can I read the official tribunal order for case 5006145?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11556887-Tribunal_Order.pdf.

Unit/Flat 202, 7 Malone Road, Mount Wellington, Auckland Tenancy Tribunal Case 5006145 — Cleanliness

Claims and awards in Tenancy Tribunal application 5006145 — net $2,976.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous access card charges	$42.00	Previous access card charges
Rubbish removal (by cubic metre	$2,270.55	Rubbish removal (by cubic metre
Repairs to kitchen cabinet door	$155.60	Repairs to kitchen cabinet door
Specific cleaning of rangehood	$52.04	Specific cleaning of rangehood
Cleaning	$455.85	Cleaning
Net award	$2,976.04
Total payable by Tenant to Landlord	$2,976.04

Order

Further service on the tenant is dispensed with.
Hana Rachel Lemon must pay Kāinga Ora–Homes and Communities $2,976.04 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing which was held by phone. The landlord was represented by Ms Perese. Calls to the number provided for the tenant went unanswered.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy began on 18 July 2022 and ended on 1 July 2024.
The landlord’s claim was filed more than two months following the end of the tenancy (16 September 2024), and so the usual service rules do not apply (see section 91A Residential Tenancies Act 1986).
I have made an order dispensing with service on the tenant (section 91B RTA) as I am satisfied that all reasonable efforts have been made to serve the landlord’s claim and that this claim is likely to have been brought to the tenant’s attention because: a. On 18 June 2024 the tenant advised that she was leaving the tenancy and provided a forwarding physical address in writing including a contact email address; b. The tenancy ended on 1 July 2024; c. On 29 July 2024 the landlord wrote to the tenant at the physical address provided by the tenant on 18 June 2024 setting out the claim as filed; d. This application has been served at the email address provided by the tenant at the email address provided by the tenant on 18 June 2024.

The landlord’s claim originally included a claim for rent but the sum was so small (less than one dollar) that at the hearing the landlord withdrew the claim for rent.
The landlord had however recorded an outstanding charge of $42.00 against the tenant’s ledger for an access event that occurred on 20 February 2024. This charge was recorded to provide access to the tenant as they were locked out/did not have their access card.
I am satisfied that this amount was incurred by the tenant and has not been paid by the tenant so order payment of this amount.

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.
The landlord provided both entry and exit inspection photos.
The exit inspection photos show that the property was not left reasonably clean and tidy. In particular, there were a large number of items left behind (in the wardrobes, kitchen cupboards and bathroom) all of which needed to be removed for cleaning and there was significant staining to the carpet. The rangehood was caked with grease and so required additional cleaning.
The landlord produced an internal invoice for cleaning in the amount of $455.85 and for the rangehood in the amount of $52.04. I am satisfied that the amounts claimed are reasonable and so order payment of both amounts.
The landlord referred me to various photos of the exit inspection report in support of their claim for rubbish removal. These photos showed a large amount of goods left behind including: a. Inside the house: couch, tv cabinet, fridge, radio, sofa frame, temporary kitchen shelving, microwave, side drawers, double/queen bed, drawers, clothes hanging in wardrobe and in plastic cartons, mirror, bathroom and laundry items and various miscellaneous items; and b. Outside the house on deck: large fold out sofa bed, bed base and frame, a large pile of various broken furniture (stacked), outdoor folding chair and various miscellaneous items.
The landlord produced an internal invoice for cleaning in the amount of $2,270.55. I was advised that rubbish removal is charged on a cubic metre basis. I am satisfied that the rubbish removal charges are reasonable and so order payment of the amount claimed.

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.
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.
Following the end of the tenancy the landlord found that one of the kitchen cabinet cupboards had been removed. The landlord produced an internal invoice in the amount of $155.60 for the repair. Having reviewed the ingoing and outgoing inspection photos I am satisfied that the damage occurred during the tenancy and is more than fair wear and tear. This claim is proved.

Claims and awards in Tenancy Tribunal application 5006145 — net $2,976.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous access card charges	$42.00	Previous access card charges
Rubbish removal (by cubic metre	$2,270.55	Rubbish removal (by cubic metre
Repairs to kitchen cabinet door	$155.60	Repairs to kitchen cabinet door
Specific cleaning of rangehood	$52.04	Specific cleaning of rangehood
Cleaning	$455.85	Cleaning
Net award	$2,976.04
Total payable by Tenant to Landlord	$2,976.04

Order

Further service on the tenant is dispensed with.
Hana Rachel Lemon must pay Kāinga Ora–Homes and Communities $2,976.04 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing which was held by phone. The landlord was represented by Ms Perese. Calls to the number provided for the tenant went unanswered.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy began on 18 July 2022 and ended on 1 July 2024.
The landlord’s claim was filed more than two months following the end of the tenancy (16 September 2024), and so the usual service rules do not apply (see section 91A Residential Tenancies Act 1986).
I have made an order dispensing with service on the tenant (section 91B RTA) as I am satisfied that all reasonable efforts have been made to serve the landlord’s claim and that this claim is likely to have been brought to the tenant’s attention because: a. On 18 June 2024 the tenant advised that she was leaving the tenancy and provided a forwarding physical address in writing including a contact email address; b. The tenancy ended on 1 July 2024; c. On 29 July 2024 the landlord wrote to the tenant at the physical address provided by the tenant on 18 June 2024 setting out the claim as filed; d. This application has been served at the email address provided by the tenant at the email address provided by the tenant on 18 June 2024.

The landlord’s claim originally included a claim for rent but the sum was so small (less than one dollar) that at the hearing the landlord withdrew the claim for rent.
The landlord had however recorded an outstanding charge of $42.00 against the tenant’s ledger for an access event that occurred on 20 February 2024. This charge was recorded to provide access to the tenant as they were locked out/did not have their access card.
I am satisfied that this amount was incurred by the tenant and has not been paid by the tenant so order payment of this amount.

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.
The landlord provided both entry and exit inspection photos.
The exit inspection photos show that the property was not left reasonably clean and tidy. In particular, there were a large number of items left behind (in the wardrobes, kitchen cupboards and bathroom) all of which needed to be removed for cleaning and there was significant staining to the carpet. The rangehood was caked with grease and so required additional cleaning.
The landlord produced an internal invoice for cleaning in the amount of $455.85 and for the rangehood in the amount of $52.04. I am satisfied that the amounts claimed are reasonable and so order payment of both amounts.
The landlord referred me to various photos of the exit inspection report in support of their claim for rubbish removal. These photos showed a large amount of goods left behind including: a. Inside the house: couch, tv cabinet, fridge, radio, sofa frame, temporary kitchen shelving, microwave, side drawers, double/queen bed, drawers, clothes hanging in wardrobe and in plastic cartons, mirror, bathroom and laundry items and various miscellaneous items; and b. Outside the house on deck: large fold out sofa bed, bed base and frame, a large pile of various broken furniture (stacked), outdoor folding chair and various miscellaneous items.
The landlord produced an internal invoice for cleaning in the amount of $2,270.55. I was advised that rubbish removal is charged on a cubic metre basis. I am satisfied that the rubbish removal charges are reasonable and so order payment of the amount claimed.

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.
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.
Following the end of the tenancy the landlord found that one of the kitchen cabinet cupboards had been removed. The landlord produced an internal invoice in the amount of $155.60 for the repair. Having reviewed the ingoing and outgoing inspection photos I am satisfied that the damage occurred during the tenancy and is more than fair wear and tear. This claim is proved.

Tenancy Tribunal case 5006145 — Cleanliness at Unit/Flat 202, 7 Malone Road, Mount Wellington, Auckland

At a glance

Tenancy Tribunal case 5006145 — Cleanliness at Unit/Flat 202, 7 Malone Road, Mount Wellington, Auckland

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

At a glance

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and related charges?

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

How much is owed for rent and related charges?

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