What was the outcome of Tenancy Tribunal case 5101070?

The tribunal order states: Waimarie Selma Joy Gregory must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5101070?

Cleaning: $214.50 awarded to landlord; Minus Rent Credit: $524.29 awarded to tenant; Handrails: $269.84 awarded to landlord; Ranch Slider: $943.09 awarded to landlord; Walls: $866.80 awarded to landlord; Replace Oven Tray: $63.34 awarded to landlord; Rubbish Removal: $774.56 awarded to landlord; Rubbish Removal: $3,027.40 awarded to landlord

What type of tenancy dispute was case 5101070?

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

Where can I read the official tribunal order for case 5101070?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11583522-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5101070?

The tribunal order states: Waimarie Selma Joy Gregory must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5101070?

Cleaning: $214.50 awarded to landlord; Minus Rent Credit: $524.29 awarded to tenant; Handrails: $269.84 awarded to landlord; Ranch Slider: $943.09 awarded to landlord; Walls: $866.80 awarded to landlord; Replace Oven Tray: $63.34 awarded to landlord; Rubbish Removal: $774.56 awarded to landlord; Rubbish Removal: $3,027.40 awarded to landlord

What type of tenancy dispute was case 5101070?

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

Where can I read the official tribunal order for case 5101070?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11583522-Tenancy_Tribunal_Order.pdf.

8 Solidus Lane, Flat Bush, Auckland 2019 Tenancy Tribunal Case 5101070 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

8 Solidus Lane, Flat Bush, Auckland 2019 Tenancy Tribunal Case 5101070 — Property damage | 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 5101070 — net $5,635.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$214.50		Cleaning
Rubbish removal: exterior	$774.56		Rubbish removal: exterior
Rubbish removal: interior	$3,027.40		Rubbish removal: interior
Replace oven tray	$63.34		Replace oven tray
Repairs: walls	$866.80		Repairs: walls
Repairs: ranch slider	$943.09		Repairs: ranch slider
Repairs: handrails	$269.84		Repairs: handrails
Minus Rent credit		$524.29	Minus Rent credit
Total award	$6,159.53	$524.29
Net award	$5,635.24
Total payable by Tenant to Landlord	$5,635.24

Claims and awards for application 5101070 — net $5,635.24 NZD. Verify on MoJ.

Cleaning

Amount: $214.50
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: exterior

Amount: $774.56
Awarded to: Landlord
Reason: Rubbish removal: exterior

Rubbish removal: interior

Amount: $3,027.40
Awarded to: Landlord
Reason: Rubbish removal: interior

Replace oven tray

Amount: $63.34
Awarded to: Landlord
Reason: Replace oven tray

Repairs: walls

Amount: $866.80
Awarded to: Landlord
Reason: Repairs: walls

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

Waimarie Selma Joy Gregory must pay Kāinga Ora–Homes and Communities $5,635.24 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing.
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, 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 following chattels were missing at the end of the tenancy: One oven tray.
The amounts ordered are proved. Photographs and proof of the costs sought were provided.

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.
The following damage was caused during the tenancy: Extensive damage to walls including multiple holes throughout the premises. and two broken handrails on the stairs. There was also a broken ranch slider in the living room. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Entry and exit photographs were provided and proof of the costs claimed for the repairs.

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 5101070 — net $5,635.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$214.50		Cleaning
Rubbish removal: exterior	$774.56		Rubbish removal: exterior
Rubbish removal: interior	$3,027.40		Rubbish removal: interior
Replace oven tray	$63.34		Replace oven tray
Repairs: walls	$866.80		Repairs: walls
Repairs: ranch slider	$943.09		Repairs: ranch slider
Repairs: handrails	$269.84		Repairs: handrails
Minus Rent credit		$524.29	Minus Rent credit
Total award	$6,159.53	$524.29
Net award	$5,635.24
Total payable by Tenant to Landlord	$5,635.24

Claims and awards for application 5101070 — net $5,635.24 NZD. Verify on MoJ.

Cleaning

Amount: $214.50
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: exterior

Amount: $774.56
Awarded to: Landlord
Reason: Rubbish removal: exterior

Rubbish removal: interior

Amount: $3,027.40
Awarded to: Landlord
Reason: Rubbish removal: interior

Replace oven tray

Amount: $63.34
Awarded to: Landlord
Reason: Replace oven tray

Repairs: walls

Amount: $866.80
Awarded to: Landlord
Reason: Repairs: walls

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

Waimarie Selma Joy Gregory must pay Kāinga Ora–Homes and Communities $5,635.24 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing.
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, 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 following chattels were missing at the end of the tenancy: One oven tray.
The amounts ordered are proved. Photographs and proof of the costs sought were provided.

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.
The following damage was caused during the tenancy: Extensive damage to walls including multiple holes throughout the premises. and two broken handrails on the stairs. There was also a broken ranch slider in the living room. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Entry and exit photographs were provided and proof of the costs claimed for the repairs.

Tenancy Tribunal case 5101070 — Property damage at 8 Solidus Lane, Flat Bush, Auckland 2019

At a glance

Tenancy Tribunal case 5101070 — Property damage at 8 Solidus Lane, Flat Bush, Auckland 2019

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