What was the outcome of Tenancy Tribunal case 5198011?

The tribunal order states: Sa Salavaise Alomau must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5198011?

Cleaning: $162.45 awarded to landlord; Rent Credit: $12.28 awarded to tenant; to walls in the dining room, entry f…: $216.40 awarded to landlord; Lawns and Garden Work: $1,969.49 awarded to landlord

What type of tenancy dispute was case 5198011?

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

Where can I read the official tribunal order for case 5198011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12082076-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5198011?

The tribunal order states: Sa Salavaise Alomau must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5198011?

Cleaning: $162.45 awarded to landlord; Rent Credit: $12.28 awarded to tenant; to walls in the dining room, entry f…: $216.40 awarded to landlord; Lawns and Garden Work: $1,969.49 awarded to landlord

What type of tenancy dispute was case 5198011?

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

Where can I read the official tribunal order for case 5198011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12082076-Tenancy_Tribunal_Order.pdf.

254B Bairds Road, Otara, Auckland 2023 Tenancy Tribunal Case 5198011 — Property damage

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254B Bairds Road, Otara, Auckland 2023 Tenancy Tribunal Case 5198011 — 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 5198011 — net $2,054.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning: including oven and stove	$162.45		Cleaning: including oven and stove
Rubbish removal: including lawns and gardens	$1,969.49		Rubbish removal: including lawns and gardens
Repairs: to walls in the dining room, entry foyer and	$216.40		Repairs: to walls in the dining room, entry foyer and
Rent credit		$12.28	Rent credit
Total award	$2,348.34	$12.28
Net award	$2,054.06
Total payable by Tenant to Landlord	$2,054.06

Claims and awards for application 5198011 — net $2,054.06 NZD. Verify on MoJ.

Cleaning: including oven and stove

Amount: $162.45
Awarded to: Landlord
Reason: Cleaning: including oven and stove

Rubbish removal: including lawns and gardens

Amount: $1,969.49
Awarded to: Landlord
Reason: Rubbish removal: including lawns and gardens

Repairs: to walls in the dining room, entry foyer and

Amount: $216.40
Awarded to: Landlord
Reason: Repairs: to walls in the dining room, entry foyer and

Rent credit

Amount: $12.28
Awarded to: Tenant
Reason: Rent credit

Total award

Landlord $2,348.34 · Tenant $12.28

Net award

Landlord $2,054.06

Claim types — money lines allowed on this order

Cleanliness Property damage Lawns And Garden Work

Order

Sa Salavaise Alomau must pay Kāinga Ora–Homes And Communities $2,054.06 immediately, calculated as shown in table below.
The Bond is to be refunded to the applicant immediately.

Reasons

Both parties attended the hearing. The tenant was assisted by her son.
The landlord has applied for compensation and refund of the bond following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 16/1/2025. The landlord provided rent records which prove the rent credit 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. 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 extensive 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.
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: 5 holes on walls had damage/holes that needed to be repaired. The damage is more than fair wear and tear, 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 is claiming repair costs only for the holes in the walls, the cost is reasonable, and deductions are not required.
The landlord’s claim for replacement of the window in the garage/shed is withdrawn.
The landlord recognises that the window frame rotted over time, and it is therefore likely this damage was caused by fair and tear.

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 5198011 — net $2,054.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning: including oven and stove	$162.45		Cleaning: including oven and stove
Rubbish removal: including lawns and gardens	$1,969.49		Rubbish removal: including lawns and gardens
Repairs: to walls in the dining room, entry foyer and	$216.40		Repairs: to walls in the dining room, entry foyer and
Rent credit		$12.28	Rent credit
Total award	$2,348.34	$12.28
Net award	$2,054.06
Total payable by Tenant to Landlord	$2,054.06

Claims and awards for application 5198011 — net $2,054.06 NZD. Verify on MoJ.

Cleaning: including oven and stove

Amount: $162.45
Awarded to: Landlord
Reason: Cleaning: including oven and stove

Rubbish removal: including lawns and gardens

Amount: $1,969.49
Awarded to: Landlord
Reason: Rubbish removal: including lawns and gardens

Repairs: to walls in the dining room, entry foyer and

Amount: $216.40
Awarded to: Landlord
Reason: Repairs: to walls in the dining room, entry foyer and

Rent credit

Amount: $12.28
Awarded to: Tenant
Reason: Rent credit

Total award

Landlord $2,348.34 · Tenant $12.28

Net award

Landlord $2,054.06

Claim types — money lines allowed on this order

Cleanliness Property damage Lawns And Garden Work

Order

Sa Salavaise Alomau must pay Kāinga Ora–Homes And Communities $2,054.06 immediately, calculated as shown in table below.
The Bond is to be refunded to the applicant immediately.

Reasons

Both parties attended the hearing. The tenant was assisted by her son.
The landlord has applied for compensation and refund of the bond following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 16/1/2025. The landlord provided rent records which prove the rent credit 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. 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 extensive 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.
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: 5 holes on walls had damage/holes that needed to be repaired. The damage is more than fair wear and tear, 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 is claiming repair costs only for the holes in the walls, the cost is reasonable, and deductions are not required.
The landlord’s claim for replacement of the window in the garage/shed is withdrawn.
The landlord recognises that the window frame rotted over time, and it is therefore likely this damage was caused by fair and tear.

Tenancy Tribunal case 5198011 — Property damage at 254B Bairds Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5198011 — Property damage at 254B Bairds Road, Otara, Auckland 2023

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