What was Tenancy Tribunal case 5318479 about?

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

How much money was awarded in case 5318479?

Cleaning: $678.61 awarded to landlord; Door Rehanging: $57.01 awarded to landlord; Property Damage: $43.34 awarded to landlord; Property Damage: $86.68 awarded to landlord

What type of tenancy dispute was case 5318479?

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

Where can I read the official tribunal order for case 5318479?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12799216-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5318479 about?

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

How much money was awarded in case 5318479?

Cleaning: $678.61 awarded to landlord; Door Rehanging: $57.01 awarded to landlord; Property Damage: $43.34 awarded to landlord; Property Damage: $86.68 awarded to landlord

What type of tenancy dispute was case 5318479?

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

Where can I read the official tribunal order for case 5318479?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12799216-Tenancy_Tribunal_Order.pdf.

4 Eroni Clarke Close, Flat Bush, Auckland 2019 Tenancy Tribunal Case 5318479 — Cleanliness

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4 Eroni Clarke Close, Flat Bush, Auckland 2019 Tenancy Tribunal Case 5318479 — Cleanliness | 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 5318479 — net $865.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$678.61	Cleaning
Repairs: Wall repairs	$43.34	Repairs: Wall repairs
Repairs: Wall repairs	$86.68	Repairs: Wall repairs
Repairs: Door rehanging	$57.01	Repairs: Door rehanging
Net award	$865.64
Total payable by Tenant to Landlord	$865.64

Claims and awards for application 5318479 — net $865.64 NZD. Verify on MoJ.

Cleaning

Amount: $678.61
Awarded to: Landlord
Reason: Cleaning

Repairs: Wall repairs

Amount: $43.34
Awarded to: Landlord
Reason: Repairs: Wall repairs

Repairs: Wall repairs

Amount: $86.68
Awarded to: Landlord
Reason: Repairs: Wall repairs

Repairs: Door rehanging

Amount: $57.01
Awarded to: Landlord
Reason: Repairs: Door rehanging

Net award

Landlord $865.64

Total payable by Tenant to Landlord

Landlord $865.64

Claim types — money lines allowed on this order

Cleanliness Property damage

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $865.64 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing via remote video conference. There was no attendance by 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 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. The landlord provided comprehensive photographic evidence in support of their claim. Having sighted this evidence I am satisfied that the tenant breached her obligations in respect of this.
The claim for cleaning is established.

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: Holes in bedroom and hallway walls and damage to a bedroom door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided entry and exit inspection photographs confirming the condition of the premises at the start and end of the tenancy. The landlord also provided a schedule of damage charges. Having carefully considered the evidence provided by the landlord I am satisfied that the tenant is responsible for the damage.
The amounts ordered are proved.
The landlord does not seek reimbursement of the filing fee.

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 5318479 — net $865.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$678.61	Cleaning
Repairs: Wall repairs	$43.34	Repairs: Wall repairs
Repairs: Wall repairs	$86.68	Repairs: Wall repairs
Repairs: Door rehanging	$57.01	Repairs: Door rehanging
Net award	$865.64
Total payable by Tenant to Landlord	$865.64

Claims and awards for application 5318479 — net $865.64 NZD. Verify on MoJ.

Cleaning

Amount: $678.61
Awarded to: Landlord
Reason: Cleaning

Repairs: Wall repairs

Amount: $43.34
Awarded to: Landlord
Reason: Repairs: Wall repairs

Repairs: Wall repairs

Amount: $86.68
Awarded to: Landlord
Reason: Repairs: Wall repairs

Repairs: Door rehanging

Amount: $57.01
Awarded to: Landlord
Reason: Repairs: Door rehanging

Net award

Landlord $865.64

Total payable by Tenant to Landlord

Landlord $865.64

Claim types — money lines allowed on this order

Cleanliness Property damage

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $865.64 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing via remote video conference. There was no attendance by 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 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. The landlord provided comprehensive photographic evidence in support of their claim. Having sighted this evidence I am satisfied that the tenant breached her obligations in respect of this.
The claim for cleaning is established.

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: Holes in bedroom and hallway walls and damage to a bedroom door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided entry and exit inspection photographs confirming the condition of the premises at the start and end of the tenancy. The landlord also provided a schedule of damage charges. Having carefully considered the evidence provided by the landlord I am satisfied that the tenant is responsible for the damage.
The amounts ordered are proved.
The landlord does not seek reimbursement of the filing fee.

Tenancy Tribunal case 5318479 — Cleanliness at 4 Eroni Clarke Close, Flat Bush, Auckland 2019

At a glance

Tenancy Tribunal case 5318479 — Cleanliness at 4 Eroni Clarke Close, Flat Bush, 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