What was Tenancy Tribunal case 5343783 about?

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

How much money was awarded in case 5343783?

Cleaning: $177.93 awarded to landlord; Cleaning: $316.63 awarded to landlord; Fix Door Handle/Lock And Key: $120.97 awarded to landlord; Lawns and Garden Work: $260.00 awarded to landlord; Patch And Paint: $82.42 awarded to landlord; Rehang Sliding Door: $57.01 awarded to landlord; Removing Tyres: $90.05 awarded to landlord; Hole Near Door Handle: $91.86 awarded to landlord; Rubbish Removal: $492.36 awarded to landlord

What type of tenancy dispute was case 5343783?

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

Where can I read the official tribunal order for case 5343783?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12853604-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5343783 about?

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

How much money was awarded in case 5343783?

Cleaning: $177.93 awarded to landlord; Cleaning: $316.63 awarded to landlord; Fix Door Handle/Lock And Key: $120.97 awarded to landlord; Lawns and Garden Work: $260.00 awarded to landlord; Patch And Paint: $82.42 awarded to landlord; Rehang Sliding Door: $57.01 awarded to landlord; Removing Tyres: $90.05 awarded to landlord; Hole Near Door Handle: $91.86 awarded to landlord; Rubbish Removal: $492.36 awarded to landlord

What type of tenancy dispute was case 5343783?

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

Where can I read the official tribunal order for case 5343783?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12853604-Tenancy_Tribunal_Order.pdf.

11A Marble Place, Wiri, Auckland 2104 Tenancy Tribunal Case 5343783 — Cleanliness

Tenantcheck Insights

11A Marble Place, Wiri, Auckland 2104 Tenancy Tribunal Case 5343783 — 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 5343783 — net $1,689.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$177.93	Carpet Cleaning
Fix door handle/lock and key	$120.97	Fix door handle/lock and key
Repairs: Hole near door handle	$91.86	Repairs: Hole near door handle
Removing tyres	$90.05	Removing tyres
Rubbish removal	$492.36	Rubbish removal
Lawns and Garden work	$260.00	Lawns and Garden work
Cleaning: Kitchen cupboards range hood oven	$316.63	Cleaning: Kitchen cupboards range hood oven
Rehang sliding door	$57.01	Rehang sliding door
Patch and paint	$82.42	Patch and paint
Net award	$1,689.23
Total payable by Tenant to Landlord	$1,689.23

Claims and awards for application 5343783 — net $1,689.23 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $177.93
Awarded to: Landlord
Reason: Carpet Cleaning

Fix door handle/lock and key

Amount: $120.97
Awarded to: Landlord
Reason: Fix door handle/lock and key

Repairs: Hole near door handle

Amount: $91.86
Awarded to: Landlord
Reason: Repairs: Hole near door handle

Removing tyres

Amount: $90.05
Awarded to: Landlord
Reason: Removing tyres

Rubbish removal

Amount: $492.36
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Lawns And Garden Work Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes and Communities $1,689.23 immediately, calculated as shown in table below: DescriptionLandlord Carpet Cleaning$177.93 Fix door handle/lock and key$120.97 Repairs: Hole near door handle$91.86 Removing tyres$90.05 Rubbish removal$492.36 Lawns and Garden work$260.00 Cleaning: Kitchen cupboards range hood oven$316.63 Rehang sliding door$57.01 Patch and paint$82.42 Total award$1,689.23 Total payable by Tenant to Landlord$1,689.23

Reasons

Both parties attended the hearing.
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 and did not remove all rubbish.
The tenant did not return the keys.
The landlord provided the pre let inspection report and photos and the exit inspection report and photos. Furthermore, the landlord provided detailed invoices for the cost of cleaning the kitchen cupboards, range hood, carpets, oven, and rubbish removal. In addition, the landlord provided the invoice for the key and locksmith costs.
The tenant had received all the evidence relating to the landlords claims and agrees that she left the property unclean, rubbish in and around the property and lawns unmown.
I am satisfied that the landlord has proven their claims for cleaning, rubbish removal, lawn mowing and locksmith costs.
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: -Holes in walls. -Damage to the paintwork. -Sliding door off its rails.
The landlord has provided the photos to show the damage to the walls and the invoice to replaster and paint the holes and rehang the sliding door.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The tenant accepts that there was damage to the walls and the sliding door was off its rails during her tenancy. The tenant does not dispute any of the costs associated with the vacated costs after the end of the tenancy.
I am satisfied that the landlord has proven their claims for damages to the property.
The amounts ordered are proved.

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 5343783 — net $1,689.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$177.93	Carpet Cleaning
Fix door handle/lock and key	$120.97	Fix door handle/lock and key
Repairs: Hole near door handle	$91.86	Repairs: Hole near door handle
Removing tyres	$90.05	Removing tyres
Rubbish removal	$492.36	Rubbish removal
Lawns and Garden work	$260.00	Lawns and Garden work
Cleaning: Kitchen cupboards range hood oven	$316.63	Cleaning: Kitchen cupboards range hood oven
Rehang sliding door	$57.01	Rehang sliding door
Patch and paint	$82.42	Patch and paint
Net award	$1,689.23
Total payable by Tenant to Landlord	$1,689.23

Claims and awards for application 5343783 — net $1,689.23 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $177.93
Awarded to: Landlord
Reason: Carpet Cleaning

Fix door handle/lock and key

Amount: $120.97
Awarded to: Landlord
Reason: Fix door handle/lock and key

Repairs: Hole near door handle

Amount: $91.86
Awarded to: Landlord
Reason: Repairs: Hole near door handle

Removing tyres

Amount: $90.05
Awarded to: Landlord
Reason: Removing tyres

Rubbish removal

Amount: $492.36
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Lawns And Garden Work Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes and Communities $1,689.23 immediately, calculated as shown in table below: DescriptionLandlord Carpet Cleaning$177.93 Fix door handle/lock and key$120.97 Repairs: Hole near door handle$91.86 Removing tyres$90.05 Rubbish removal$492.36 Lawns and Garden work$260.00 Cleaning: Kitchen cupboards range hood oven$316.63 Rehang sliding door$57.01 Patch and paint$82.42 Total award$1,689.23 Total payable by Tenant to Landlord$1,689.23

Reasons

Both parties attended the hearing.
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 and did not remove all rubbish.
The tenant did not return the keys.
The landlord provided the pre let inspection report and photos and the exit inspection report and photos. Furthermore, the landlord provided detailed invoices for the cost of cleaning the kitchen cupboards, range hood, carpets, oven, and rubbish removal. In addition, the landlord provided the invoice for the key and locksmith costs.
The tenant had received all the evidence relating to the landlords claims and agrees that she left the property unclean, rubbish in and around the property and lawns unmown.
I am satisfied that the landlord has proven their claims for cleaning, rubbish removal, lawn mowing and locksmith costs.
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: -Holes in walls. -Damage to the paintwork. -Sliding door off its rails.
The landlord has provided the photos to show the damage to the walls and the invoice to replaster and paint the holes and rehang the sliding door.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The tenant accepts that there was damage to the walls and the sliding door was off its rails during her tenancy. The tenant does not dispute any of the costs associated with the vacated costs after the end of the tenancy.
I am satisfied that the landlord has proven their claims for damages to the property.
The amounts ordered are proved.

Tenancy Tribunal case 5343783 — Cleanliness at 11A Marble Place, Wiri, Auckland 2104

At a glance

Tenancy Tribunal case 5343783 — Cleanliness at 11A Marble Place, 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