What was the outcome of Tenancy Tribunal case 5030510?

The tribunal order states: Kalika Maposua must pay Kāinga Ora–Homes And Communities $1,321.89

How much money was awarded in case 5030510?

Cleaning: $143.45 awarded to landlord; Removal Of Wallpaper: $554.08 awarded to landlord; Rent Arrears: $476.43 awarded to landlord; Rubbish Removal: $328.24 awarded to landlord; Rubbish Removal: $75.69 awarded to landlord

What type of tenancy dispute was case 5030510?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5030510?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11436395-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5030510?

The tribunal order states: Kalika Maposua must pay Kāinga Ora–Homes And Communities $1,321.89

How much money was awarded in case 5030510?

Cleaning: $143.45 awarded to landlord; Removal Of Wallpaper: $554.08 awarded to landlord; Rent Arrears: $476.43 awarded to landlord; Rubbish Removal: $328.24 awarded to landlord; Rubbish Removal: $75.69 awarded to landlord

What type of tenancy dispute was case 5030510?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5030510?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11436395-Tenancy_Tribunal_Order.pdf.

48 Michael Jones Drive, Flat Bush, Auckland 2019 Tenancy Tribunal Case 5030510 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5030510 — net $1,321.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$476.43	Rent arrears
Cleaning	$143.45	Cleaning
Rubbish removal: Inside	$75.69	Rubbish removal: Inside
Rubbish removal: 50	$328.24	Rubbish removal: 50
Removal of wallpaper	$554.08	Removal of wallpaper
Net award	$1,321.89
Total payable by Tenant to Landlord	$1,321.89

The landlord attended the hearing, conducted via teleconference. The call to the tenant went unanswered. I was satisfied adequate service had completed and I continued with the hearing.

The landlord has applied for rent arrears, compensation, and refund of the bond, following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 9 August 2024. The landlord provided rent records and which prove the amount owing at the end of the tenancy was $476.43.

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 all of the premises reasonably clean and tidy, and did not remove all rubbish. The landlord evidenced the costs for cleaning and indoor rubbish removal. These are awarded in full.

The external rubbish cost was based on a volume of 4m 3 . The photos do not support such a volume. Having reviewed the two areas as shown in the photos I have estimated 2m 3 as more accurate and adjusted the costs of $656.48 commensurately by 50%, meaning $328.24 is awarded.

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.

This was a long tenancy, commencing in 2017. During the tenancy the tenant wallpapered two bedrooms. This was agreed to by the landlord with the proviso the wallpaper be removed at the end of the tenancy. This was not done. The landlord sought compensation for the cost of removal and subsequent repainting of the walls.

The per room cost was $554.08. This is a standard rate and was stated as painting (it is assumed the cost included the removal of the wallpaper as no separate cost was recorded by the landlord). Given the long tenancy, and the absence of any damage to the walls, I would typically see such repainting as a wear and tear cost. Not so the removal of the wallpaper. That is considered a tenant responsibility and any subsequent related cost a tenant liability. With limited cost detail of each task, I have awarded 50% of the claimed $1108.16 toward the reinstatement cost as a result of the tenant wallpapering and the later removal as required.

The amount ordered is proved.

I have taken into account betterment and depreciation when considering any wall repainting cost. 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 and awards in Tenancy Tribunal application 5030510 — net $1,321.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$476.43	Rent arrears
Cleaning	$143.45	Cleaning
Rubbish removal: Inside	$75.69	Rubbish removal: Inside
Rubbish removal: 50	$328.24	Rubbish removal: 50
Removal of wallpaper	$554.08	Removal of wallpaper
Net award	$1,321.89
Total payable by Tenant to Landlord	$1,321.89

Order

Kalika Maposua must pay Kāinga Ora–Homes And Communities $1,321.89 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $256.00 () to Kāinga Ora–Homes And Communities immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. The call to the tenant went unanswered. I was satisfied adequate service had completed and I continued with the hearing.
The landlord has applied for rent arrears, compensation, and refund of the bond, following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 9 August 2024. The landlord provided rent records and which prove the amount owing at the end of the tenancy was $476.43.

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 all of the premises reasonably clean and tidy, and did not remove all rubbish. The landlord evidenced the costs for cleaning and indoor rubbish removal. These are awarded in full.
The external rubbish cost was based on a volume of 4m 3 . The photos do not support such a volume. Having reviewed the two areas as shown in the photos I have estimated 2m 3 as more accurate and adjusted the costs of $656.48 commensurately by 50%, meaning $328.24 is awarded.
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.
This was a long tenancy, commencing in 2017. During the tenancy the tenant wallpapered two bedrooms. This was agreed to by the landlord with the proviso the wallpaper be removed at the end of the tenancy. This was not done. The landlord sought compensation for the cost of removal and subsequent repainting of the walls.
The per room cost was $554.08. This is a standard rate and was stated as painting (it is assumed the cost included the removal of the wallpaper as no separate cost was recorded by the landlord). Given the long tenancy, and the absence of any damage to the walls, I would typically see such repainting as a wear and tear cost. Not so the removal of the wallpaper. That is considered a tenant responsibility and any subsequent related cost a tenant liability. With limited cost detail of each task, I have awarded 50% of the claimed $1108.16 toward the reinstatement cost as a result of the tenant wallpapering and the later removal as required.
The amount ordered is proved.
I have taken into account betterment and depreciation when considering any wall repainting cost. 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 5030510 — Rent arrears at 48 Michael Jones Drive, Flat Bush, Auckland 2019

At a glance

Tenancy Tribunal case 5030510 — Rent arrears at 48 Michael Jones Drive, Flat Bush, Auckland 2019

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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