What was the outcome of Tenancy Tribunal case 5230251?

The tribunal order states: Kitana Talea Malena Harris must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5230251?

Lawns and Garden Work: $1,795.41 awarded to landlord; Rent Credit: $7.00 awarded to tenant; Rubbish Removal: $3,446.52 awarded to landlord; Property Damage: $386.00 awarded to landlord

What type of tenancy dispute was case 5230251?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5230251?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11992887-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5230251?

The tribunal order states: Kitana Talea Malena Harris must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5230251?

Lawns and Garden Work: $1,795.41 awarded to landlord; Rent Credit: $7.00 awarded to tenant; Rubbish Removal: $3,446.52 awarded to landlord; Property Damage: $386.00 awarded to landlord

What type of tenancy dispute was case 5230251?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5230251?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11992887-Tenancy_Tribunal_Order.pdf.

186 Champion Street, Cannons Creek, Porirua 5024 Tenancy Tribunal Case 5230251 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5230251 — net $5,620.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Window repairs: two windows	$386.00		Window repairs: two windows
Rubbish removal: external/internal and noxious green	$3,446.52		Rubbish removal: external/internal and noxious green
Lawns and Garden work: Grass slash and cut	$1,795.41		Lawns and Garden work: Grass slash and cut
Rent credit		$7.00	Rent credit
Total award	$5,627.93	$7.00
Net award	$5,620.93
Total payable by Tenant to Landlord	$5,620.93

The landlord attended the hearing, conducted via teleconference. The call to the tenant went unanswered. No voicemail option was provided. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.

The landlord has applied for compensation following the end of the tenancy.

A rent credit of $7.00 has been applied against the debt in this order.

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 lawns and gardens were completely overgrown in parts, hiding the back boundary fence. Abandoned items were littered throughout, making the remediation even more difficult.

There were large amounts of abandoned items and rubbish inside, in an external shed, as well as outside. The costs claimed are significant and some time at the hearing was spent reviewing the exit photos. The landlord confirmed prior communication with the tenant regarding the deteriorating condition of the premises, but no remedy occurred.

The landlord claimed for the cost of rubbish removal and outside remediation of the lawns and gardens only. The need for both were evidenced by a number of photos.

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 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.

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.

Two windows were found broken at the end of the tenancy. They were replaced by the landlord at a cost of $193.00 each. Photos established the damage as more than wear and tear.

The amount ordered is proved.

Claims and awards in Tenancy Tribunal application 5230251 — net $5,620.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Window repairs: two windows	$386.00		Window repairs: two windows
Rubbish removal: external/internal and noxious green	$3,446.52		Rubbish removal: external/internal and noxious green
Lawns and Garden work: Grass slash and cut	$1,795.41		Lawns and Garden work: Grass slash and cut
Rent credit		$7.00	Rent credit
Total award	$5,627.93	$7.00
Net award	$5,620.93
Total payable by Tenant to Landlord	$5,620.93

Order

Kitana Talea Malena Harris must pay Kāinga Ora–Homes And Communities $5,620.93 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, conducted via teleconference. The call to the tenant went unanswered. No voicemail option was provided. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for compensation following the end of the tenancy.
A rent credit of $7.00 has been applied against the debt in this order.

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 lawns and gardens were completely overgrown in parts, hiding the back boundary fence. Abandoned items were littered throughout, making the remediation even more difficult.
There were large amounts of abandoned items and rubbish inside, in an external shed, as well as outside. The costs claimed are significant and some time at the hearing was spent reviewing the exit photos. The landlord confirmed prior communication with the tenant regarding the deteriorating condition of the premises, but no remedy occurred.
The landlord claimed for the cost of rubbish removal and outside remediation of the lawns and gardens only. The need for both were evidenced by a number of photos.
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 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.
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.
Two windows were found broken at the end of the tenancy. They were replaced by the landlord at a cost of $193.00 each. Photos established the damage as more than wear and tear.
The amount ordered is proved.

Tenancy Tribunal case 5230251 — Property damage at 186 Champion Street, Cannons Creek, Porirua 5024

At a glance

Tenancy Tribunal case 5230251 — Property damage at 186 Champion Street, Cannons Creek, Porirua 5024

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