What was the outcome of Tenancy Tribunal case 5040072?

The tribunal order states: Wakena Manuel Rahipere must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5040072?

Cleaning: $455.85 awarded to landlord; Cleaning: $162.46 awarded to landlord; 4 X Holes In Walls: $173.36 awarded to landlord; Rubbish Removal: $1,539.20 awarded to landlord

What type of tenancy dispute was case 5040072?

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

Where can I read the official tribunal order for case 5040072?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11404446-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5040072?

The tribunal order states: Wakena Manuel Rahipere must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5040072?

Cleaning: $455.85 awarded to landlord; Cleaning: $162.46 awarded to landlord; 4 X Holes In Walls: $173.36 awarded to landlord; Rubbish Removal: $1,539.20 awarded to landlord

What type of tenancy dispute was case 5040072?

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

Where can I read the official tribunal order for case 5040072?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11404446-Tenancy_Tribunal_Order.pdf.

47C Puriri Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5040072 — Cleanliness

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47C Puriri Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5040072 — Cleanliness | 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 5040072 — net $2,330.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: internal and external	$1,539.20	Rubbish removal: internal and external
Repairs: 4 x holes in walls	$173.36	Repairs: 4 x holes in walls
Cleaning: oven	$162.46	Cleaning: oven
Cleaning: full house	$455.85	Cleaning: full house
Net award	$2,330.87
Total payable by Tenant to Landlord	$2,330.87

Claims and awards for application 5040072 — net $2,330.87 NZD. Verify on MoJ.

Rubbish removal: internal and external

Amount: $1,539.20
Awarded to: Landlord
Reason: Rubbish removal: internal and external

Repairs: 4 x holes in walls

Amount: $173.36
Awarded to: Landlord
Reason: Repairs: 4 x holes in walls

Cleaning: oven

Amount: $162.46
Awarded to: Landlord
Reason: Cleaning: oven

Cleaning: full house

Amount: $455.85
Awarded to: Landlord
Reason: Cleaning: full house

Net award

Landlord $2,330.87

Total payable by Tenant to Landlord

Landlord $2,330.87

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

Wakena Manuel Rahipere must pay Kāinga Ora–Homes And Communities $2,330.87 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made at the scheduled time on the number provided to the Tribunal. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
The landlord has applied for compensation 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 landlord provided photographs in support of oral evidence that show that at the end of the tenancy the tenant left a large amount of furniture and belongings of little or no value, as well as a lot of rubbish throughout the interior and exterior of the premises. In total, eight cubic metres of rubbish was taken away at a cost of $1530.29.
The photographs provided show that the tenant had made no attempt to clean the premises at the end of the tenancy. Because of this the landlord undertook a full clean of the premises including the oven.
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.
The landlord provided photographs that show that during the tenancy the tenant made 4 holes in the interior walls. I am satisfied this exceeds fair wear and tear. The tenant did not appear to disprove the damage was careless or intentional.
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. 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 5040072 — net $2,330.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: internal and external	$1,539.20	Rubbish removal: internal and external
Repairs: 4 x holes in walls	$173.36	Repairs: 4 x holes in walls
Cleaning: oven	$162.46	Cleaning: oven
Cleaning: full house	$455.85	Cleaning: full house
Net award	$2,330.87
Total payable by Tenant to Landlord	$2,330.87

Claims and awards for application 5040072 — net $2,330.87 NZD. Verify on MoJ.

Rubbish removal: internal and external

Amount: $1,539.20
Awarded to: Landlord
Reason: Rubbish removal: internal and external

Repairs: 4 x holes in walls

Amount: $173.36
Awarded to: Landlord
Reason: Repairs: 4 x holes in walls

Cleaning: oven

Amount: $162.46
Awarded to: Landlord
Reason: Cleaning: oven

Cleaning: full house

Amount: $455.85
Awarded to: Landlord
Reason: Cleaning: full house

Net award

Landlord $2,330.87

Total payable by Tenant to Landlord

Landlord $2,330.87

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

Wakena Manuel Rahipere must pay Kāinga Ora–Homes And Communities $2,330.87 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made at the scheduled time on the number provided to the Tribunal. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
The landlord has applied for compensation 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 landlord provided photographs in support of oral evidence that show that at the end of the tenancy the tenant left a large amount of furniture and belongings of little or no value, as well as a lot of rubbish throughout the interior and exterior of the premises. In total, eight cubic metres of rubbish was taken away at a cost of $1530.29.
The photographs provided show that the tenant had made no attempt to clean the premises at the end of the tenancy. Because of this the landlord undertook a full clean of the premises including the oven.
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.
The landlord provided photographs that show that during the tenancy the tenant made 4 holes in the interior walls. I am satisfied this exceeds fair wear and tear. The tenant did not appear to disprove the damage was careless or intentional.
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. 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 5040072 — Cleanliness at 47C Puriri Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5040072 — Cleanliness at 47C Puriri Road, Manurewa, Auckland 2102

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