What was the outcome of Tenancy Tribunal case 5128148?

The tribunal order states: Hannah Louise Castens must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5128148?

Cleaning: $678.61 awarded to landlord; Property Damage: $381.66 awarded to landlord; Rent Arrears: $707.39 awarded to landlord; Property Damage: $780.42 awarded to landlord; Walls and Doors: $2,729.52 awarded to landlord

What type of tenancy dispute was case 5128148?

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

Where can I read the official tribunal order for case 5128148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11705165-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5128148?

The tribunal order states: Hannah Louise Castens must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5128148?

Cleaning: $678.61 awarded to landlord; Property Damage: $381.66 awarded to landlord; Rent Arrears: $707.39 awarded to landlord; Property Damage: $780.42 awarded to landlord; Walls and Doors: $2,729.52 awarded to landlord

What type of tenancy dispute was case 5128148?

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

Where can I read the official tribunal order for case 5128148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11705165-Tenancy_Tribunal_Order.pdf.

29A Achilles Crescent, Narrow Neck, Auckland 0624 Tenancy Tribunal Case 5128148 — Property damage

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29A Achilles Crescent, Narrow Neck, Auckland 0624 Tenancy Tribunal Case 5128148 — 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 5128148 — net $5,277.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/11/2024	$707.39	Rent arrears to 15/11/2024
Repairs: during tenancy - window repairs, door lock replacement and door repairs	$780.42	Repairs: during tenancy - window repairs, door lock replacement and door repairs
Cleaning	$678.61	Cleaning
Window repairs and repairs to garage door	$381.66	Window repairs and repairs to garage door
Repairs to walls and doors and electrical repairs	$2,729.52	Repairs to walls and doors and electrical repairs
Net award	$5,277.60
Total payable by Tenant to Landlord	$5,277.60

Claims and awards for application 5128148 — net $5,277.60 NZD. Verify on MoJ.

Rent arrears to 15/11/2024

Amount: $707.39
Awarded to: Landlord
Reason: Rent arrears to 15/11/2024

Repairs: during tenancy - window repairs, door lock replacement and door repairs

Amount: $780.42
Awarded to: Landlord
Reason: Repairs: during tenancy - window repairs, door lock replacement and door repairs

Cleaning

Amount: $678.61
Awarded to: Landlord
Reason: Cleaning

Window repairs and repairs to garage door

Amount: $381.66
Awarded to: Landlord
Reason: Window repairs and repairs to garage door

Repairs to walls and doors and electrical repairs

Amount: $2,729.52
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears

Order

Hannah Louise Castens must pay Kāinga Ora–Homes And Communities $5,277.60 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing. The tenant could not be contacted on the telephone number provided for her.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 15/11/2024 pursuant to a Tribunal Order terminating the tenancy due to anti-social behaviour. The landlord provided rent records which prove the amount owing at 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. The home is a large 5 bedroom home, and the cleaning cost claimed and awarded is considered reasonable, having regard to the photographs and invoice provided.
The amount ordered is therefore 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.
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.
There was extensive damage to almost all rooms in the house, including walls and doors. The photographs and submissions provided establish that damage is more than fair wear and tear. The pre tenancy report provided establishes that the damage occurred during the tenancy, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The landlord has claimed only for actual repair/replacement costs of damaged surfaces and doors. The compensation awarded therefore returns the landlord only to the position they would have been in had the tenant not breached their obligations.
The landlord asked the Tribunal to consider name suppression for the tenant. The public interest test outlined in s 95A (4), which must be applied when considering that request, requires that the tenant’s name is published. The applicant’s request, on behalf of the tenant, is therefore declined.

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 5128148 — net $5,277.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/11/2024	$707.39	Rent arrears to 15/11/2024
Repairs: during tenancy - window repairs, door lock replacement and door repairs	$780.42	Repairs: during tenancy - window repairs, door lock replacement and door repairs
Cleaning	$678.61	Cleaning
Window repairs and repairs to garage door	$381.66	Window repairs and repairs to garage door
Repairs to walls and doors and electrical repairs	$2,729.52	Repairs to walls and doors and electrical repairs
Net award	$5,277.60
Total payable by Tenant to Landlord	$5,277.60

Claims and awards for application 5128148 — net $5,277.60 NZD. Verify on MoJ.

Rent arrears to 15/11/2024

Amount: $707.39
Awarded to: Landlord
Reason: Rent arrears to 15/11/2024

Repairs: during tenancy - window repairs, door lock replacement and door repairs

Amount: $780.42
Awarded to: Landlord
Reason: Repairs: during tenancy - window repairs, door lock replacement and door repairs

Cleaning

Amount: $678.61
Awarded to: Landlord
Reason: Cleaning

Window repairs and repairs to garage door

Amount: $381.66
Awarded to: Landlord
Reason: Window repairs and repairs to garage door

Repairs to walls and doors and electrical repairs

Amount: $2,729.52
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears

Order

Hannah Louise Castens must pay Kāinga Ora–Homes And Communities $5,277.60 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing. The tenant could not be contacted on the telephone number provided for her.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 15/11/2024 pursuant to a Tribunal Order terminating the tenancy due to anti-social behaviour. The landlord provided rent records which prove the amount owing at 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. The home is a large 5 bedroom home, and the cleaning cost claimed and awarded is considered reasonable, having regard to the photographs and invoice provided.
The amount ordered is therefore 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.
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.
There was extensive damage to almost all rooms in the house, including walls and doors. The photographs and submissions provided establish that damage is more than fair wear and tear. The pre tenancy report provided establishes that the damage occurred during the tenancy, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The landlord has claimed only for actual repair/replacement costs of damaged surfaces and doors. The compensation awarded therefore returns the landlord only to the position they would have been in had the tenant not breached their obligations.
The landlord asked the Tribunal to consider name suppression for the tenant. The public interest test outlined in s 95A (4), which must be applied when considering that request, requires that the tenant’s name is published. The applicant’s request, on behalf of the tenant, is therefore declined.

Tenancy Tribunal case 5128148 — Property damage at 29A Achilles Crescent, Narrow Neck, Auckland 0624

At a glance

Tenancy Tribunal case 5128148 — Property damage at 29A Achilles Crescent, Narrow Neck, Auckland 0624

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