What was Tenancy Tribunal case 5268919 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $1,716.56

How much money was awarded in case 5268919?

Cleaning: $455.85 awarded to landlord; Cooking Range: $300.00 awarded to landlord; Replace Furnishings: Carpet: $85.74 awarded to landlord; Replace Furnishings: Carpet: $131.91 awarded to landlord; Rubbish Removal: $650.00 awarded to landlord; Rubbish Removal: $227.06 awarded to landlord

What type of tenancy dispute was case 5268919?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5268919?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12887840-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5268919 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $1,716.56

How much money was awarded in case 5268919?

Cleaning: $455.85 awarded to landlord; Cooking Range: $300.00 awarded to landlord; Replace Furnishings: Carpet: $85.74 awarded to landlord; Replace Furnishings: Carpet: $131.91 awarded to landlord; Rubbish Removal: $650.00 awarded to landlord; Rubbish Removal: $227.06 awarded to landlord

What type of tenancy dispute was case 5268919?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5268919?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12887840-Tribunal_Order.pdf.

Unit/Flat 1, 2 Chaplin Street, Mangere East, Auckland 2024 Tenancy Tribunal Case 5268919 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5268919 — net $1,716.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$455.85	Cleaning
Rubbish removal: Interior	$227.06	Rubbish removal: Interior
Rubbish removal: Exterior	$650.00	Rubbish removal: Exterior
Replace furnishings: Carpet	$85.74	Replace furnishings: Carpet
Replace furnishings: Carpet	$131.91	Replace furnishings: Carpet
Cooking range	$300.00	Cooking range
Net award	$1,716.56
Total payable by Tenant to Landlord	$1,716.56

Both parties attended the remote hearing.

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

The tenancy ended on 25 March 2025

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 and 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 all rubbish. The landlord provided photos of the premises at the end of the tenancy. The tenant said that they had not had sufficient time to complete cleaning. Landlords are not required to give tenants access to the premises once a tenancy has ended. It would seem that the tenant did have approximately 5 days to carry out the cleaning prior to the locks being changed and the inspection on 31 May 2025.

I have reduced the costs for exterior rubbish removal as there seems to be some uncertainty as to who had put the oven outside the premises

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 following damage was caused during the tenancy: • Carpets were damaged. Photos of the stained areas were provided. Depreciation was taken into account in setting the compensation at $85.74 and 131.91. • The cooking range was damaged. The depreciated replacement cost is $343.07. I have discounted that to take onto account that it had been left outside by a person or persons unknown

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The claim for damage to the vinyl was withdrawn by the landlord.

The amounts ordered are proved.

The tenant applied for names suppression. The tenant has not been wholly or substantially successful in this hearing. The tenant’s application for name suppression is dismissed.

Claims and awards in Tenancy Tribunal application 5268919 — net $1,716.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$455.85	Cleaning
Rubbish removal: Interior	$227.06	Rubbish removal: Interior
Rubbish removal: Exterior	$650.00	Rubbish removal: Exterior
Replace furnishings: Carpet	$85.74	Replace furnishings: Carpet
Replace furnishings: Carpet	$131.91	Replace furnishings: Carpet
Cooking range	$300.00	Cooking range
Net award	$1,716.56
Total payable by Tenant to Landlord	$1,716.56

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $1,716.56 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $134.00 to Kāinga Ora–Homes And Communities immediately.

Reasons

Both parties attended the remote hearing.
The landlord has applied for compensation and refund of the bond following the end of the tenancy.
The tenancy ended on 25 March 2025

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 and 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 all rubbish. The landlord provided photos of the premises at the end of the tenancy. The tenant said that they had not had sufficient time to complete cleaning. Landlords are not required to give tenants access to the premises once a tenancy has ended. It would seem that the tenant did have approximately 5 days to carry out the cleaning prior to the locks being changed and the inspection on 31 May 2025.
I have reduced the costs for exterior rubbish removal as there seems to be some uncertainty as to who had put the oven outside the premises
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 following damage was caused during the tenancy: • Carpets were damaged. Photos of the stained areas were provided. Depreciation was taken into account in setting the compensation at $85.74 and 131.91. • The cooking range was damaged. The depreciated replacement cost is $343.07. I have discounted that to take onto account that it had been left outside by a person or persons unknown
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The claim for damage to the vinyl was withdrawn by the landlord.
The amounts ordered are proved.
The tenant applied for names suppression. The tenant has not been wholly or substantially successful in this hearing. The tenant’s application for name suppression is dismissed.

Tenancy Tribunal case 5268919 — Cleanliness at Unit/Flat 1, 2 Chaplin Street, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 5268919 — Cleanliness at Unit/Flat 1, 2 Chaplin Street, Mangere East, Auckland 2024

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

Property management

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

Property management

Frequently asked questions