What was Tenancy Tribunal case 5317465 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $2,632.51

How much money was awarded in case 5317465?

Patch Hole In Wall: $43.34 awarded to landlord; Rubbish Removal: $984.72 awarded to landlord; Rubbish Removal: $1,513.70 awarded to landlord; Rubbish Removal: $90.75 awarded to landlord

What type of tenancy dispute was case 5317465?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5317465?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12674648-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5317465 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $2,632.51

How much money was awarded in case 5317465?

Patch Hole In Wall: $43.34 awarded to landlord; Rubbish Removal: $984.72 awarded to landlord; Rubbish Removal: $1,513.70 awarded to landlord; Rubbish Removal: $90.75 awarded to landlord

What type of tenancy dispute was case 5317465?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5317465?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12674648-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 75 Boundary Road, Clover Park, Auckland 2019 Tenancy Tribunal Case 5317465 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5317465 — net $2,632.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: Interior	$1,513.70	Rubbish removal: Interior
Rubbish removal: Exterior	$984.72	Rubbish removal: Exterior
Rubbish removal: Tyres	$90.75	Rubbish removal: Tyres
Repairs: patch hole in wall	$43.34	Repairs: patch hole in wall
Net award	$2,632.51
Total payable by Tenant to Landlord	$2,632.51

The landlord attended the remote hearing.

Telephone calls were made to the tenant. The first call was answered and then the call was disconnected. The second call was also answered. The tenant said that they were busy and that they would not be attending the hearing. The call was then disconnected. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.

The landlord has applied for compensation 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 remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not remove all rubbish at the end of the tenancy. The landlord provided photos of both the interior and exterior of the premises. The garage in particular was full of rubbish. The photos disclosed that rubbish was not removed by the tenant. The landlord seeks $1,513.70 for interior rubbish removal, $984.72 for exterior rubbish removal and $90.75 for the removal of car tyres. The amounts are proven and the claim is reasonable.

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.

An interior wall was damaged during the tenancy. The landlord provided a photograph of the damage. The landlord seeks compensation for repairs of $43.34. The amount is proven and is reasonable. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

Claims and awards in Tenancy Tribunal application 5317465 — net $2,632.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: Interior	$1,513.70	Rubbish removal: Interior
Rubbish removal: Exterior	$984.72	Rubbish removal: Exterior
Rubbish removal: Tyres	$90.75	Rubbish removal: Tyres
Repairs: patch hole in wall	$43.34	Repairs: patch hole in wall
Net award	$2,632.51
Total payable by Tenant to Landlord	$2,632.51

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $2,632.51 immediately, calculated as shown in table below.

Reasons

The landlord attended the remote hearing.
Telephone calls were made to the tenant. The first call was answered and then the call was disconnected. The second call was also answered. The tenant said that they were busy and that they would not be attending the hearing. The call was then disconnected. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.
The landlord has applied for compensation 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 remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not remove all rubbish at the end of the tenancy. The landlord provided photos of both the interior and exterior of the premises. The garage in particular was full of rubbish. The photos disclosed that rubbish was not removed by the tenant. The landlord seeks $1,513.70 for interior rubbish removal, $984.72 for exterior rubbish removal and $90.75 for the removal of car tyres. The amounts are proven and the claim is reasonable.

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.
An interior wall was damaged during the tenancy. The landlord provided a photograph of the damage. The landlord seeks compensation for repairs of $43.34. The amount is proven and is reasonable. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

Tenancy Tribunal case 5317465 — Property damage at Unit/Flat 1, 75 Boundary Road, Clover Park, Auckland 2019

At a glance

Tenancy Tribunal case 5317465 — Property damage at Unit/Flat 1, 75 Boundary Road, Clover Park, Auckland 2019

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