What was the outcome of Tenancy Tribunal case 5136851?

The tribunal order states: DULCIE ATARANGI HARRIS must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5136851?

Plaster Board 10mm X1.5: $71.37 awarded to landlord; Plaster Board 10mm X2: $95.16 awarded to landlord; Plaster Board 10mm X3.55: $150.27 awarded to landlord; Plaster board patch extra 1 under wa…: $173.36 awarded to landlord; Property Damage: $71.37 awarded to landlord; Plaster Board Patch X3: $130.02 awarded to landlord; Plaster board patch x3 hole under wa…: $130.02 awarded to landlord; Plaster board patch x8 holes missed…: $346.72 awarded to landlord; Plaster Board X4: $173.36 awarded to landlord; Rubbish Removal: $902.66 awarded to landlord; Rubbish Removal: $1,059.59 awarded to landlord

What type of tenancy dispute was case 5136851?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5136851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11783655-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5136851?

The tribunal order states: DULCIE ATARANGI HARRIS must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5136851?

Plaster Board 10mm X1.5: $71.37 awarded to landlord; Plaster Board 10mm X2: $95.16 awarded to landlord; Plaster Board 10mm X3.55: $150.27 awarded to landlord; Plaster board patch extra 1 under wa…: $173.36 awarded to landlord; Property Damage: $71.37 awarded to landlord; Plaster Board Patch X3: $130.02 awarded to landlord; Plaster board patch x3 hole under wa…: $130.02 awarded to landlord; Plaster board patch x8 holes missed…: $346.72 awarded to landlord; Plaster Board X4: $173.36 awarded to landlord; Rubbish Removal: $902.66 awarded to landlord; Rubbish Removal: $1,059.59 awarded to landlord

What type of tenancy dispute was case 5136851?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5136851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11783655-Tenancy_Tribunal_Order.pdf.

34 Yearsley Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 5136851 — Property damage

Claims and awards in Tenancy Tribunal application 5136851 — net $3,095.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: Internal	$1,059.59	Rubbish removal: Internal
Repairs: Plaster board patch x8 holes missed from scope	$346.72	Repairs: Plaster board patch x8 holes missed from scope
Repairs: Plaster board patch x1.5 replacement	$71.37	Repairs: Plaster board patch x1.5 replacement
Repairs: Plaster board patch x3 hole under wallpaper	$130.02	Repairs: Plaster board patch x3 hole under wallpaper
Repairs: Plaster board patch x3	$130.02	Repairs: Plaster board patch x3 hole under wallpaper
Repairs: Plaster board 10mm x1.5	$71.37	Repairs: Plaster board 10mm x1.5
Repairs: Plaster board patch extra 1 under wallpaer	$173.36	Repairs: Plaster board patch extra 1 under wallpaer
Repairs: Plaster board 10mm x2	$95.16	Repairs: Plaster board 10mm x2
Rubbish removal: External	$902.66	Rubbish removal: External
Repairs: Plaster board 10mm x3.55	$150.27	Repairs: Plaster board 10mm x3.55
Repairs: Plaster board x4	$173.36	Repairs: Plaster board x4
Net award	$3,095.90
Total payable by Tenant to Landlord	$3,095.90

Claims and awards in Tenancy Tribunal application 5136851 — net $3,095.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rubbish removal: Internal

$1,059.59

Rubbish removal: Internal

Repairs: Plaster board patch x8 holes missed from scope

$346.72

Repairs: Plaster board patch x8 holes missed from scope

Repairs: Plaster board patch x1.5 replacement

$71.37

Repairs: Plaster board patch x1.5 replacement

Repairs: Plaster board patch x3 hole under wallpaper

$130.02

Repairs: Plaster board patch x3 hole under wallpaper

Repairs: Plaster board patch x3

$130.02

Repairs: Plaster board patch x3 hole under wallpaper

Repairs: Plaster board 10mm x1.5

$71.37

Repairs: Plaster board 10mm x1.5

Repairs: Plaster board patch extra 1 under wallpaer

$173.36

Repairs: Plaster board patch extra 1 under wallpaer

Repairs: Plaster board 10mm x2

$95.16

Repairs: Plaster board 10mm x2

Rubbish removal: External

$902.66

Rubbish removal: External

Repairs: Plaster board 10mm x3.55

$150.27

Repairs: Plaster board 10mm x3.55

Repairs: Plaster board x4

$173.36

Repairs: Plaster board x4

Net award

$3,095.90

Total payable by Tenant to Landlord

$3,095.90

Order

DULCIE ATARANGI HARRIS must pay Kāinga Ora–Homes And Communities $3,095.90 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $208.00 (3002100-011) immediately to Kāinga Ora–Homes And Communities. DescriptionLandlord Rubbish removal: Internal$1,059.59 Repairs: Plaster board patch x8 holes missed from scope$346.72 Repairs: Plaster board patch x1.5 replacement$71.37 Repairs: Plaster board patch x3 hole under wallpaper$130.02 Repairs: Plaster board patch x3$130.02 Repairs: Plaster board 10mm x1.5$71.37 Repairs: Plaster board patch extra 1 under wallpaer$173.36 Repairs: Plaster board 10mm x2$95.16 Rubbish removal: External$902.66 Repairs: Plaster board 10mm x3.55$150.27 Repairs: Plaster board x4$173.36 Total award$3,303.90 Bond$208.00 Total payable by Tenant to Landlord$3,095.90

Reasons

Ms Smith attended the hearing on behalf of the landlord via teleconference.

I attempted to contact Ms. Harris but was unsuccessful. Ms. Smith confirmed that there had been no contact with the tenant.

The landlord filed the present application two months after the tenant vacated the premises. The landlord was required to satisfy me that the tenant was served with the notice of hearing.

Ms Smith submitted that the tenant provided the landlord with an email address as an address for service when she signed a notice to end the tenancy on 8 October 2024, as per section 91A(2)(e) of the Residential Tenancies Act 1986.

I reviewed the notice to end the tenancy. Accordingly, I am satisfied that the tenant has received the notice of hearing.

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

In support of the landlord’s application, Ms Smith submitted a final inspection report dated 15 November 2024. The report writer states: Property is in poor condition. Thermal drapes missing. Doors and walls damaged. Door frames damaged. Carpet need patches and cleaning. Missing toilet door and vanity door. Shed door needs rehanging. Missing door stops, plugs and door handles. Rangehood light not working. Holes in walls and doors throughout. Window hardware needs replacing. Rubbish needs removal. Clothesline to be rewired. Floor is soft in laundry and kitchen. Missing heat pump remote. Walls and doors need painting.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

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.

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 damage was caused during the tenancy. See paragraph 6 above. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Claims and awards in Tenancy Tribunal application 5136851 — net $3,095.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: Internal	$1,059.59	Rubbish removal: Internal
Repairs: Plaster board patch x8 holes missed from scope	$346.72	Repairs: Plaster board patch x8 holes missed from scope
Repairs: Plaster board patch x1.5 replacement	$71.37	Repairs: Plaster board patch x1.5 replacement
Repairs: Plaster board patch x3 hole under wallpaper	$130.02	Repairs: Plaster board patch x3 hole under wallpaper
Repairs: Plaster board patch x3	$130.02	Repairs: Plaster board patch x3 hole under wallpaper
Repairs: Plaster board 10mm x1.5	$71.37	Repairs: Plaster board 10mm x1.5
Repairs: Plaster board patch extra 1 under wallpaer	$173.36	Repairs: Plaster board patch extra 1 under wallpaer
Repairs: Plaster board 10mm x2	$95.16	Repairs: Plaster board 10mm x2
Rubbish removal: External	$902.66	Rubbish removal: External
Repairs: Plaster board 10mm x3.55	$150.27	Repairs: Plaster board 10mm x3.55
Repairs: Plaster board x4	$173.36	Repairs: Plaster board x4
Net award	$3,095.90
Total payable by Tenant to Landlord	$3,095.90

Claims and awards in Tenancy Tribunal application 5136851 — net $3,095.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rubbish removal: Internal

$1,059.59

Rubbish removal: Internal

Repairs: Plaster board patch x8 holes missed from scope

$346.72

Repairs: Plaster board patch x8 holes missed from scope

Repairs: Plaster board patch x1.5 replacement

$71.37

Repairs: Plaster board patch x1.5 replacement

Repairs: Plaster board patch x3 hole under wallpaper

$130.02

Repairs: Plaster board patch x3 hole under wallpaper

Repairs: Plaster board patch x3

$130.02

Repairs: Plaster board patch x3 hole under wallpaper

Repairs: Plaster board 10mm x1.5

$71.37

Repairs: Plaster board 10mm x1.5

Repairs: Plaster board patch extra 1 under wallpaer

$173.36

Repairs: Plaster board patch extra 1 under wallpaer

Repairs: Plaster board 10mm x2

$95.16

Repairs: Plaster board 10mm x2

Rubbish removal: External

$902.66

Rubbish removal: External

Repairs: Plaster board 10mm x3.55

$150.27

Repairs: Plaster board 10mm x3.55

Repairs: Plaster board x4

$173.36

Repairs: Plaster board x4

Net award

$3,095.90

Total payable by Tenant to Landlord

$3,095.90

Order

DULCIE ATARANGI HARRIS must pay Kāinga Ora–Homes And Communities $3,095.90 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $208.00 (3002100-011) immediately to Kāinga Ora–Homes And Communities. DescriptionLandlord Rubbish removal: Internal$1,059.59 Repairs: Plaster board patch x8 holes missed from scope$346.72 Repairs: Plaster board patch x1.5 replacement$71.37 Repairs: Plaster board patch x3 hole under wallpaper$130.02 Repairs: Plaster board patch x3$130.02 Repairs: Plaster board 10mm x1.5$71.37 Repairs: Plaster board patch extra 1 under wallpaer$173.36 Repairs: Plaster board 10mm x2$95.16 Rubbish removal: External$902.66 Repairs: Plaster board 10mm x3.55$150.27 Repairs: Plaster board x4$173.36 Total award$3,303.90 Bond$208.00 Total payable by Tenant to Landlord$3,095.90

Reasons

Ms Smith attended the hearing on behalf of the landlord via teleconference.
I attempted to contact Ms. Harris but was unsuccessful. Ms. Smith confirmed that there had been no contact with the tenant.
The landlord filed the present application two months after the tenant vacated the premises. The landlord was required to satisfy me that the tenant was served with the notice of hearing.
Ms Smith submitted that the tenant provided the landlord with an email address as an address for service when she signed a notice to end the tenancy on 8 October 2024, as per section 91A(2)(e) of the Residential Tenancies Act 1986.
I reviewed the notice to end the tenancy. Accordingly, I am satisfied that the tenant has received the notice of hearing.
The landlord has applied for compensation, and refund of the bond following the end of the tenancy.
In support of the landlord’s application, Ms Smith submitted a final inspection report dated 15 November 2024. The report writer states: Property is in poor condition. Thermal drapes missing. Doors and walls damaged. Door frames damaged. Carpet need patches and cleaning. Missing toilet door and vanity door. Shed door needs rehanging. Missing door stops, plugs and door handles. Rangehood light not working. Holes in walls and doors throughout. Window hardware needs replacing. Rubbish needs removal. Clothesline to be rewired. Floor is soft in laundry and kitchen. Missing heat pump remote. Walls and doors need painting.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
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 damage was caused during the tenancy. See paragraph 6 above. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 5136851 — Property damage at 34 Yearsley Place, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5136851 — Property damage at 34 Yearsley Place, 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