What was the outcome of Tenancy Tribunal case 5194633?

The tribunal order states: Minioneti Heimoana He must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5194633?

Cleaning: $678.61 awarded to landlord; Property Damage: $121.84 awarded to landlord; Rent Arrears: $927.71 awarded to landlord; Property Damage: $43.34 awarded to landlord; Rubbish Removal: $2,876.03 awarded to landlord; Rubbish Removal: $1,148.84 awarded to landlord

What type of tenancy dispute was case 5194633?

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

Where can I read the official tribunal order for case 5194633?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11724283-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5194633?

The tribunal order states: Minioneti Heimoana He must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5194633?

Cleaning: $678.61 awarded to landlord; Property Damage: $121.84 awarded to landlord; Rent Arrears: $927.71 awarded to landlord; Property Damage: $43.34 awarded to landlord; Rubbish Removal: $2,876.03 awarded to landlord; Rubbish Removal: $1,148.84 awarded to landlord

What type of tenancy dispute was case 5194633?

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

Where can I read the official tribunal order for case 5194633?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11724283-Tenancy_Tribunal_Order.pdf.

14 Chingford Close, Mangere, Auckland 2022 Tenancy Tribunal Case 5194633 — Rent arrears

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14 Chingford Close, Mangere, Auckland 2022 Tenancy Tribunal Case 5194633 — Rent arrears | 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 5194633 — net $5,602.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 15.4.25	$927.71	The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy?
Rubbish removal: Outside	$1,148.84	Rubbish removal: Outside
Rubbish removal: Inside	$2,876.03	Rubbish removal: Inside
Cleaning	$678.61	Cleaning
Window repairs	$121.84	Window repairs
Repairs: Wall damage	$43.34	Repairs: Wall damage
Net award	$5,602.37
Total payable by Tenant to Landlord	$5,602.37

Claims and awards for application 5194633 — net $5,602.37 NZD. Verify on MoJ.

Rent arrears as at 15.4.25

Amount: $927.71
Awarded to: Landlord
Reason: The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy?

Rubbish removal: Outside

Amount: $1,148.84
Awarded to: Landlord
Reason: Rubbish removal: Outside

Rubbish removal: Inside

Amount: $2,876.03
Awarded to: Landlord
Reason: Rubbish removal: Inside

Cleaning

Amount: $678.61
Awarded to: Landlord
Reason: Cleaning

Window repairs

Amount: $121.84
Awarded to: Landlord
Reason: Window repairs

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears Rubbish Removal

Order

Minioneti Heimoana He must pay Kāinga Ora–Homes And Communities $5,602.37 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $194.00 (3026267-008) to Kāinga Ora– Homes And Communities immediately.

Reasons

The landlord attended the hearing via remote teleconference. Two attempts were made to contact the tenant on the telephone number provided with the application. On both occasions the phone call went unanswered to voicemail.
The landlord has applied for rent arrears, compensation and refund of the bond following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 5 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for this debt. The landlord advised during the hearing that the tenant has made weekly payments towards the rent debt.
The claim for rent arrears is proven.

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 landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided comprehensive photographic evidence confirming the state of the premises at the conclusion of the tenancy. The tenant had vacated, leaving behind an entire household of furniture and belongings. The property required extensive cleaning. I have also sighted the landlord’s expense ledger filed in support of the amounts claimed.
The amounts ordered for rubbish removal and cleaning 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 landlord claims that the following damage was caused during the tenancy: damage to a bedroom wall and damage to a laundry window. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Having sighted the landlord photographic evidence in support of these claims I am satisfied that the damage is intentional. I have also sighted the landlord’s expense ledger confirming the repair costs incurred by the landlord. The amounts claimed by the landlord are reasonable.
The amounts ordered for the bedroom wall and laundry window repairs are proved.
The landlord does not seek reimbursement of the filing fee.

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 5194633 — net $5,602.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 15.4.25	$927.71	The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy?
Rubbish removal: Outside	$1,148.84	Rubbish removal: Outside
Rubbish removal: Inside	$2,876.03	Rubbish removal: Inside
Cleaning	$678.61	Cleaning
Window repairs	$121.84	Window repairs
Repairs: Wall damage	$43.34	Repairs: Wall damage
Net award	$5,602.37
Total payable by Tenant to Landlord	$5,602.37

Claims and awards for application 5194633 — net $5,602.37 NZD. Verify on MoJ.

Rent arrears as at 15.4.25

Amount: $927.71
Awarded to: Landlord
Reason: The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy?

Rubbish removal: Outside

Amount: $1,148.84
Awarded to: Landlord
Reason: Rubbish removal: Outside

Rubbish removal: Inside

Amount: $2,876.03
Awarded to: Landlord
Reason: Rubbish removal: Inside

Cleaning

Amount: $678.61
Awarded to: Landlord
Reason: Cleaning

Window repairs

Amount: $121.84
Awarded to: Landlord
Reason: Window repairs

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears Rubbish Removal

Order

Minioneti Heimoana He must pay Kāinga Ora–Homes And Communities $5,602.37 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $194.00 (3026267-008) to Kāinga Ora– Homes And Communities immediately.

Reasons

The landlord attended the hearing via remote teleconference. Two attempts were made to contact the tenant on the telephone number provided with the application. On both occasions the phone call went unanswered to voicemail.
The landlord has applied for rent arrears, compensation and refund of the bond following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 5 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for this debt. The landlord advised during the hearing that the tenant has made weekly payments towards the rent debt.
The claim for rent arrears is proven.

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 landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided comprehensive photographic evidence confirming the state of the premises at the conclusion of the tenancy. The tenant had vacated, leaving behind an entire household of furniture and belongings. The property required extensive cleaning. I have also sighted the landlord’s expense ledger filed in support of the amounts claimed.
The amounts ordered for rubbish removal and cleaning 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 landlord claims that the following damage was caused during the tenancy: damage to a bedroom wall and damage to a laundry window. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Having sighted the landlord photographic evidence in support of these claims I am satisfied that the damage is intentional. I have also sighted the landlord’s expense ledger confirming the repair costs incurred by the landlord. The amounts claimed by the landlord are reasonable.
The amounts ordered for the bedroom wall and laundry window repairs are proved.
The landlord does not seek reimbursement of the filing fee.

Tenancy Tribunal case 5194633 — Rent arrears at 14 Chingford Close, Mangere, Auckland 2022

At a glance

Tenancy Tribunal case 5194633 — Rent arrears at 14 Chingford Close, Mangere, Auckland 2022

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