What was Tenancy Tribunal case 5339783 about?

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

How much money was awarded in case 5339783?

Cleaning: $692.75 awarded to landlord; Cleaning: $104.26 awarded to landlord; Cleaning: $66.13 awarded to landlord; Cleaning: $165.86 awarded to landlord; Lawns and Garden Work: $460.00 awarded to landlord; Rent Credit: $194.00 awarded to tenant; Carpet: $534.84 awarded to landlord; Carpet Patch: $42.15 awarded to landlord; Rubbish Removal: $179.25 awarded to landlord

What type of tenancy dispute was case 5339783?

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

Where can I read the official tribunal order for case 5339783?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12804863-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5339783 about?

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

How much money was awarded in case 5339783?

Cleaning: $692.75 awarded to landlord; Cleaning: $104.26 awarded to landlord; Cleaning: $66.13 awarded to landlord; Cleaning: $165.86 awarded to landlord; Lawns and Garden Work: $460.00 awarded to landlord; Rent Credit: $194.00 awarded to tenant; Carpet: $534.84 awarded to landlord; Carpet Patch: $42.15 awarded to landlord; Rubbish Removal: $179.25 awarded to landlord

What type of tenancy dispute was case 5339783?

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

Where can I read the official tribunal order for case 5339783?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12804863-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 4, 29 Rata Vine Drive, Wiri, Auckland 2104 Tenancy Tribunal Case 5339783 — Cleanliness

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Unit/Flat Flat 4, 29 Rata Vine Drive, Wiri, Auckland 2104 Tenancy Tribunal Case 5339783 — 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 5339783 — net $2,051.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning: Rangehood filter	$66.13		Cleaning: Rangehood filter
Cleaning: Stove	$165.86		Cleaning: Stove
Cleaning: Kitchen cupboards	$104.26		Cleaning: Kitchen cupboards
Cleaning: House	$692.75		Cleaning: House
Rubbish removal	$179.25		Rubbish removal
Lawns and Garden work	$460.00		Lawns and Garden work
Repairs: Carpet patch	$42.15		Repairs: Carpet patch
Repairs: Carpet	$534.84		Repairs: Carpet
Rent credit		$194.00	Rent credit
Total award	$2,245.24	$194.00
Net award	$2,051.24
Total payable by Tenant to Landlord	$2,051.24

Claims and awards for application 5339783 — net $2,051.24 NZD. Verify on MoJ.

Cleaning: Rangehood filter

Amount: $66.13
Awarded to: Landlord
Reason: Cleaning: Rangehood filter

Cleaning: Stove

Amount: $165.86
Awarded to: Landlord
Reason: Cleaning: Stove

Cleaning: Kitchen cupboards

Amount: $104.26
Awarded to: Landlord
Reason: Cleaning: Kitchen cupboards

Cleaning: House

Amount: $692.75
Awarded to: Landlord
Reason: Cleaning: House

Rubbish removal

Amount: $179.25
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rubbish Removal

Order

[The tenant/s] and [The tenant/s] must pay Kāinga Ora–Homes And Communities $2,051.24 immediately, calculated as shown in table below.

Reasons

The landlord attended the remote hearing.
The tenants did not attend the hearing. Telephone calls were made to the tenants on the number provided at the allocated hearing time. All calls went to voicemail. 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 tenants.
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. 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 both at the commencement and end of the tenancy. The photos showed that the premises had not been left in a reasonably clean and tidy condition and that extensive cleaning would have been required, in particular to the kitchen. Rubbish had been left in the rubbish bins which required disposal. The grass required slashing to bring it back to a reasonably tidy condition.
The amounts ordered are reasonable and are proven.

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 carpet was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided a photo of a stained area which has been repaired by the use of a carpet patch. A second room required the carpet to be relayed due to the extensive staining.
A rent credit of $194.00 has been applied to the amount ordered
The amounts ordered are proven.

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 5339783 — net $2,051.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning: Rangehood filter	$66.13		Cleaning: Rangehood filter
Cleaning: Stove	$165.86		Cleaning: Stove
Cleaning: Kitchen cupboards	$104.26		Cleaning: Kitchen cupboards
Cleaning: House	$692.75		Cleaning: House
Rubbish removal	$179.25		Rubbish removal
Lawns and Garden work	$460.00		Lawns and Garden work
Repairs: Carpet patch	$42.15		Repairs: Carpet patch
Repairs: Carpet	$534.84		Repairs: Carpet
Rent credit		$194.00	Rent credit
Total award	$2,245.24	$194.00
Net award	$2,051.24
Total payable by Tenant to Landlord	$2,051.24

Claims and awards for application 5339783 — net $2,051.24 NZD. Verify on MoJ.

Cleaning: Rangehood filter

Amount: $66.13
Awarded to: Landlord
Reason: Cleaning: Rangehood filter

Cleaning: Stove

Amount: $165.86
Awarded to: Landlord
Reason: Cleaning: Stove

Cleaning: Kitchen cupboards

Amount: $104.26
Awarded to: Landlord
Reason: Cleaning: Kitchen cupboards

Cleaning: House

Amount: $692.75
Awarded to: Landlord
Reason: Cleaning: House

Rubbish removal

Amount: $179.25
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rubbish Removal

Order

[The tenant/s] and [The tenant/s] must pay Kāinga Ora–Homes And Communities $2,051.24 immediately, calculated as shown in table below.

Reasons

The landlord attended the remote hearing.
The tenants did not attend the hearing. Telephone calls were made to the tenants on the number provided at the allocated hearing time. All calls went to voicemail. 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 tenants.
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. 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 both at the commencement and end of the tenancy. The photos showed that the premises had not been left in a reasonably clean and tidy condition and that extensive cleaning would have been required, in particular to the kitchen. Rubbish had been left in the rubbish bins which required disposal. The grass required slashing to bring it back to a reasonably tidy condition.
The amounts ordered are reasonable and are proven.

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 carpet was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided a photo of a stained area which has been repaired by the use of a carpet patch. A second room required the carpet to be relayed due to the extensive staining.
A rent credit of $194.00 has been applied to the amount ordered
The amounts ordered are proven.

Tenancy Tribunal case 5339783 — Cleanliness at Unit/Flat Flat 4, 29 Rata Vine Drive, Wiri, Auckland 2104

At a glance

Tenancy Tribunal case 5339783 — Cleanliness at Unit/Flat Flat 4, 29 Rata Vine Drive, Wiri, Auckland 2104

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