What was Tenancy Tribunal case 5299161 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $1,297.56

How much money was awarded in case 5299161?

Cleaning: $455.85 awarded to landlord; Cleaning: $52.04 awarded to landlord; Rent Credit: $150.00 awarded to tenant; 6 Holes Required Repaint In Kitchen: $84.67 awarded to landlord; Paint Bedroom Windowsill Trim: $17.84 awarded to landlord; Paint Patch: $26.05 awarded to landlord; Paint Trim In Living Room: $17.26 awarded to landlord; Plasterboard Patch Bedroom: $86.68 awarded to landlord; Repaint Bedroom 1: $184.69 awarded to landlord; Repaint Wardrobe Bedroom 1: $79.04 awarded to landlord; Property Damage: $216.38 awarded to landlord; Rubbish Removal: $227.06 awarded to landlord

What type of tenancy dispute was case 5299161?

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

Where can I read the official tribunal order for case 5299161?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12515052-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5299161 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $1,297.56

How much money was awarded in case 5299161?

Cleaning: $455.85 awarded to landlord; Cleaning: $52.04 awarded to landlord; Rent Credit: $150.00 awarded to tenant; 6 Holes Required Repaint In Kitchen: $84.67 awarded to landlord; Paint Bedroom Windowsill Trim: $17.84 awarded to landlord; Paint Patch: $26.05 awarded to landlord; Paint Trim In Living Room: $17.26 awarded to landlord; Plasterboard Patch Bedroom: $86.68 awarded to landlord; Repaint Bedroom 1: $184.69 awarded to landlord; Repaint Wardrobe Bedroom 1: $79.04 awarded to landlord; Property Damage: $216.38 awarded to landlord; Rubbish Removal: $227.06 awarded to landlord

What type of tenancy dispute was case 5299161?

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

Where can I read the official tribunal order for case 5299161?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12515052-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 5, 5 Aumangea Lane, Manurewa, Auckland Tenancy Tribunal Case 5299161 — Property damage

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Unit/Flat Unit 5, 5 Aumangea Lane, Manurewa, Auckland Tenancy Tribunal Case 5299161 — 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 5299161 — net $1,297.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: repaint bedroom 1	$184.69		Repairs: repaint bedroom 1
Repairs: repaint wardrobe bedroom 1	$79.04		Repairs: repaint wardrobe bedroom 1
Repairs: repair hole and paint bedroom 1 door	$216.38		Repairs: repair hole and paint bedroom 1 door
Cleaning	$455.85		Cleaning
Rubbish removal: 1.5m3	$227.06		Rubbish removal: 1.5m3
Cleaning: rangehood	$52.04		Cleaning: rangehood
Repairs: 6 holes required repaint in kitchen	$84.67		Repairs: 6 holes required repaint in kitchen
Repairs: paint trim in living room	$17.26		Repairs: paint trim in living room
Repairs: paint patch	$26.05		Repairs: paint patch
Repairs: paint bedroom windowsill trim	$17.84		Repairs: paint bedroom windowsill trim
Repairs: plasterboard patch bedroom	$86.68		Repairs: plasterboard patch bedroom
Rent credit		$150.00	Rent credit
Total award	$1,447.56	$150.00
Net award	$1,297.56
Total payable by Tenant to Landlord	$1,297.56

Claims and awards for application 5299161 — net $1,297.56 NZD. Verify on MoJ.

Repairs: repaint bedroom 1

Amount: $184.69
Awarded to: Landlord
Reason: Repairs: repaint bedroom 1

Repairs: repaint wardrobe bedroom 1

Amount: $79.04
Awarded to: Landlord
Reason: Repairs: repaint wardrobe bedroom 1

Repairs: repair hole and paint bedroom 1 door

Amount: $216.38
Awarded to: Landlord
Reason: Repairs: repair hole and paint bedroom 1 door

Cleaning

Amount: $455.85
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: 1.5m3

Amount: $227.06
Awarded to: Landlord
Reason: Rubbish removal: 1.5m3

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $1,297.56 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing represented by Ms Thompson-Wise.
The tenant did not attend the video hearing and not answer the calls made to her phone during the hearing. She had been notified of the hearing by email and text and had the hearing link, however did not attend. Accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
The landlord has applied for compensation following the end of the tenancy. I consider each claim below bearing in mind the evidential standard which is the balance of probabilities and is for the landlord as applicant to meet. I note that several claims were withdrawn at the hearing. The tenant’s rent credit has been applied to the outstanding amount.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord claims compensation for having to clean the property and remove left belongings at the end of the tenancy.
Section 40(1)(e)(ii)-(v) RTA states that 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.
The landlord has established in evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
Accordingly, the amounts ordered are proven in evidence and considered reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to repair the following areas of the property at the end of the tenancy: a. Holes and paint removal on the walls in the bedroom. b. A hole in the bedroom wardrobe door. c. Paint removal in the wardrobe. d. Holes and scratches in the living room walls. e. Holes and scratches in the kitchen walls.
To be successful in such claims, 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.
Having assessed the evidence I am satisfied that the damages were all either carelessly or intentionally caused; they are all certainly in excess of fair wear and tear. Accordingly, the tenant is liable for the repair costs. The house was new at the commencement of the tenancy and the paintwork has been considerably damaged at the conclusion.
In making the awards, 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.
The amounts as ordered are all proven in evidence and considered reasonable.

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 5299161 — net $1,297.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: repaint bedroom 1	$184.69		Repairs: repaint bedroom 1
Repairs: repaint wardrobe bedroom 1	$79.04		Repairs: repaint wardrobe bedroom 1
Repairs: repair hole and paint bedroom 1 door	$216.38		Repairs: repair hole and paint bedroom 1 door
Cleaning	$455.85		Cleaning
Rubbish removal: 1.5m3	$227.06		Rubbish removal: 1.5m3
Cleaning: rangehood	$52.04		Cleaning: rangehood
Repairs: 6 holes required repaint in kitchen	$84.67		Repairs: 6 holes required repaint in kitchen
Repairs: paint trim in living room	$17.26		Repairs: paint trim in living room
Repairs: paint patch	$26.05		Repairs: paint patch
Repairs: paint bedroom windowsill trim	$17.84		Repairs: paint bedroom windowsill trim
Repairs: plasterboard patch bedroom	$86.68		Repairs: plasterboard patch bedroom
Rent credit		$150.00	Rent credit
Total award	$1,447.56	$150.00
Net award	$1,297.56
Total payable by Tenant to Landlord	$1,297.56

Claims and awards for application 5299161 — net $1,297.56 NZD. Verify on MoJ.

Repairs: repaint bedroom 1

Amount: $184.69
Awarded to: Landlord
Reason: Repairs: repaint bedroom 1

Repairs: repaint wardrobe bedroom 1

Amount: $79.04
Awarded to: Landlord
Reason: Repairs: repaint wardrobe bedroom 1

Repairs: repair hole and paint bedroom 1 door

Amount: $216.38
Awarded to: Landlord
Reason: Repairs: repair hole and paint bedroom 1 door

Cleaning

Amount: $455.85
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: 1.5m3

Amount: $227.06
Awarded to: Landlord
Reason: Rubbish removal: 1.5m3

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $1,297.56 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing represented by Ms Thompson-Wise.
The tenant did not attend the video hearing and not answer the calls made to her phone during the hearing. She had been notified of the hearing by email and text and had the hearing link, however did not attend. Accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
The landlord has applied for compensation following the end of the tenancy. I consider each claim below bearing in mind the evidential standard which is the balance of probabilities and is for the landlord as applicant to meet. I note that several claims were withdrawn at the hearing. The tenant’s rent credit has been applied to the outstanding amount.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord claims compensation for having to clean the property and remove left belongings at the end of the tenancy.
Section 40(1)(e)(ii)-(v) RTA states that 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.
The landlord has established in evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
Accordingly, the amounts ordered are proven in evidence and considered reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to repair the following areas of the property at the end of the tenancy: a. Holes and paint removal on the walls in the bedroom. b. A hole in the bedroom wardrobe door. c. Paint removal in the wardrobe. d. Holes and scratches in the living room walls. e. Holes and scratches in the kitchen walls.
To be successful in such claims, 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.
Having assessed the evidence I am satisfied that the damages were all either carelessly or intentionally caused; they are all certainly in excess of fair wear and tear. Accordingly, the tenant is liable for the repair costs. The house was new at the commencement of the tenancy and the paintwork has been considerably damaged at the conclusion.
In making the awards, 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.
The amounts as ordered are all proven in evidence and considered reasonable.

Tenancy Tribunal case 5299161 — Property damage at Unit/Flat Unit 5, 5 Aumangea Lane, Manurewa, Auckland

At a glance

Tenancy Tribunal case 5299161 — Property damage at Unit/Flat Unit 5, 5 Aumangea Lane, Manurewa, Auckland

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