What was Tenancy Tribunal case 5284300 about?

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

How much money was awarded in case 5284300?

Cleaning: $455.85 awarded to landlord; Doors X 3: $738.09 awarded to landlord; Holes In Walls X 2: $86.68 awarded to landlord; Rubbish Removal: $984.72 awarded to landlord

What type of tenancy dispute was case 5284300?

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

Where can I read the official tribunal order for case 5284300?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12556232-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5284300 about?

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

How much money was awarded in case 5284300?

Cleaning: $455.85 awarded to landlord; Doors X 3: $738.09 awarded to landlord; Holes In Walls X 2: $86.68 awarded to landlord; Rubbish Removal: $984.72 awarded to landlord

What type of tenancy dispute was case 5284300?

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

Where can I read the official tribunal order for case 5284300?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12556232-Tenancy_Tribunal_Order.pdf.

7 McDonald Place, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5284300 — Property damage

Tenantcheck Insights

7 McDonald Place, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5284300 — 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 5284300 — net $2,265.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Doors x 3	$738.09	Repairs: Doors x 3
Repairs: Holes in walls x 2	$86.68	Repairs: Holes in walls x 2
Cleaning	$455.85	Cleaning
Rubbish removal	$984.72	Rubbish removal
Net award	$2,265.34
Total payable by Tenant to Landlord	$2,265.34

Claims and awards for application 5284300 — net $2,265.34 NZD. Verify on MoJ.

Repairs: Doors x 3

Amount: $738.09
Awarded to: Landlord
Reason: Repairs: Doors x 3

Repairs: Holes in walls x 2

Amount: $86.68
Awarded to: Landlord
Reason: Repairs: Holes in walls x 2

Cleaning

Amount: $455.85
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $984.72
Awarded to: Landlord
Reason: Rubbish removal

Net award

Landlord $2,265.34

Total payable by Tenant to Landlord

Landlord $2,265.34

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $2,265.34 immediately, calculated as shown in table below.

Reasons

Ms Rea attended today’s phone hearing for the landlord. The tenant was called on both numbers in the application, but none of the calls were answered. I am satisfied that the tenant has been given notice of today’s hearing and have proceeded in her absence.
The landlord has withdrawn their claim for previous damages of $496.42 and a claim for the door frame in bedroom 1 of $210.88.
The landlord has applied for compensation for damage to the property, rubbish removal and cleaning following 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, 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. T
The landlord provided photographs and an inspection report completed on the 22 April which show the condition of the property after the tenant vacated. They show a property that has not been cleaned to a reasonable standard and rubbish left at 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: a. Holes in walls, damage to doors x3 requiring door replacement. b. Large hole in the kitchen c. Large hole in the laundry
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 taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

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 5284300 — net $2,265.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Doors x 3	$738.09	Repairs: Doors x 3
Repairs: Holes in walls x 2	$86.68	Repairs: Holes in walls x 2
Cleaning	$455.85	Cleaning
Rubbish removal	$984.72	Rubbish removal
Net award	$2,265.34
Total payable by Tenant to Landlord	$2,265.34

Claims and awards for application 5284300 — net $2,265.34 NZD. Verify on MoJ.

Repairs: Doors x 3

Amount: $738.09
Awarded to: Landlord
Reason: Repairs: Doors x 3

Repairs: Holes in walls x 2

Amount: $86.68
Awarded to: Landlord
Reason: Repairs: Holes in walls x 2

Cleaning

Amount: $455.85
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $984.72
Awarded to: Landlord
Reason: Rubbish removal

Net award

Landlord $2,265.34

Total payable by Tenant to Landlord

Landlord $2,265.34

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $2,265.34 immediately, calculated as shown in table below.

Reasons

Ms Rea attended today’s phone hearing for the landlord. The tenant was called on both numbers in the application, but none of the calls were answered. I am satisfied that the tenant has been given notice of today’s hearing and have proceeded in her absence.
The landlord has withdrawn their claim for previous damages of $496.42 and a claim for the door frame in bedroom 1 of $210.88.
The landlord has applied for compensation for damage to the property, rubbish removal and cleaning following 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, 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. T
The landlord provided photographs and an inspection report completed on the 22 April which show the condition of the property after the tenant vacated. They show a property that has not been cleaned to a reasonable standard and rubbish left at 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: a. Holes in walls, damage to doors x3 requiring door replacement. b. Large hole in the kitchen c. Large hole in the laundry
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 taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 5284300 — Property damage at 7 McDonald Place, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5284300 — Property damage at 7 McDonald Place, Otahuhu, Auckland 1062

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