What was the outcome of Tenancy Tribunal case 5121132?

The tribunal order states: Taina Fungani Oe 'Ofa Niuafe must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5121132?

Rent Arrears: $330.15 awarded to landlord; Door: $100.00 awarded to landlord; Holes In The Wall: $64.77 awarded to landlord; Holes In The Wall # 2: $129.54 awarded to landlord; Lock Missing: $81.81 awarded to landlord; Rubbish Removal: $131.29 awarded to landlord

What type of tenancy dispute was case 5121132?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5121132?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11657844-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5121132?

The tribunal order states: Taina Fungani Oe 'Ofa Niuafe must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5121132?

Rent Arrears: $330.15 awarded to landlord; Door: $100.00 awarded to landlord; Holes In The Wall: $64.77 awarded to landlord; Holes In The Wall # 2: $129.54 awarded to landlord; Lock Missing: $81.81 awarded to landlord; Rubbish Removal: $131.29 awarded to landlord

What type of tenancy dispute was case 5121132?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5121132?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11657844-Tenancy_Tribunal_Order.pdf.

45 Valiant Street, Mangere, Auckland 2022 Tenancy Tribunal Case 5121132 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5121132 — net $837.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears owing as at 19.11.24	$330.15	Rent arrears owing as at 19.11.24
Repairs: holes in the wall	$64.77	Repairs: holes in the wall
Repairs: holes in the wall # 2	$129.54	Repairs: holes in the wall # 2
Repairs: door	$100.00	Repairs: door
Repairs: lock missing	$81.81	Repairs: lock missing
Rubbish removal	$131.29	Rubbish removal
Net award	$837.56
Total payable by Tenant to Landlord	$837.56

Only the landlord attended the hearing.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing.

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 in that a large pile of vegetation and grass clippings was left in the garden.

The amount ordered above is 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: a) holes in the walls. b) a missing door. c) a removed lock.

The amounts ordered are proved. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I have taken into account betterment and depreciation and therefore reduced the amount claimed for the missing door. 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 at the start of the tenancy and their likely useful lifespan.

Claims and awards in Tenancy Tribunal application 5121132 — net $837.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears owing as at 19.11.24	$330.15	Rent arrears owing as at 19.11.24
Repairs: holes in the wall	$64.77	Repairs: holes in the wall
Repairs: holes in the wall # 2	$129.54	Repairs: holes in the wall # 2
Repairs: door	$100.00	Repairs: door
Repairs: lock missing	$81.81	Repairs: lock missing
Rubbish removal	$131.29	Rubbish removal
Net award	$837.56
Total payable by Tenant to Landlord	$837.56

Order

Taina Fungani Oe 'Ofa Niuafe must pay Kāinga Ora–Homes And Communities $837.56 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
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 in that a large pile of vegetation and grass clippings was left in the garden.
The amount ordered above is 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: a) holes in the walls. b) a missing door. c) a removed lock.
The amounts ordered are proved. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have taken into account betterment and depreciation and therefore reduced the amount claimed for the missing door. 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 at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 5121132 — Property damage at 45 Valiant Street, Mangere, Auckland 2022

At a glance

Tenancy Tribunal case 5121132 — Property damage at 45 Valiant Street, Mangere, Auckland 2022

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