How much money was awarded in case 5350745?

Cleaning: $162.46 awarded to landlord; Cleaning: $678.61 awarded to landlord; Rubbish Removal: $2,707.98 awarded to landlord; Rubbish Removal: $302.74 awarded to landlord; Property Damage: $2,003.40 awarded to landlord

What type of tenancy dispute was case 5350745?

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

Where can I read the official tribunal order for case 5350745?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13277208-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5350745?

Cleaning: $162.46 awarded to landlord; Cleaning: $678.61 awarded to landlord; Rubbish Removal: $2,707.98 awarded to landlord; Rubbish Removal: $302.74 awarded to landlord; Property Damage: $2,003.40 awarded to landlord

What type of tenancy dispute was case 5350745?

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

Where can I read the official tribunal order for case 5350745?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13277208-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 4 Rye Court, Mangere East, Auckland 2024 Tenancy Tribunal Case 5350745 — Property damage

Q: What was the outcome of Tenancy Tribunal case 5350745?

The tribunal order states: Alice Grace Ruth Leolahi and Mataturiia Tuaineiti must pay Kāinga Ora–Homes

Order

Claims and awards in Tenancy Tribunal application 5350745 — net $5,591.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Oven/stove cleaning	$162.46	Oven/stove cleaning
Cleaning	$678.61	Cleaning
Rubbish removal: Internal	$302.74	Rubbish removal: Internal
Rubbish removal: External	$2,707.98	Rubbish removal: External
Window repairs: 5 frosted windowpanes	$2,003.40	Window repairs: 5 frosted windowpanes
Net award	$5,591.19
Total payable by Tenant to Landlord	$5,591.19

Alice Grace Ruth Leolahi and Mataturiia Tuaineiti must pay Kāinga Ora–Homes And Communities $5,591.19 immediately, for cleaning, rubbish removal and damages, as calculated and shown in table below: DescriptionLandlord Oven/stove cleaning$162.46 Cleaning$678.61 Rubbish removal: Internal$302.74 Rubbish removal: External$2,707.98 Window repairs: 5 frosted windowpanes$2,003.40 Total award$5,855.19 Minus Bond-$264.00 Total payable by Tenant to Landlord$5,591.19

The Bond Centre is to pay the bond of $264.00 (3027248-003) to Kāinga Ora– Homes And Communities immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for compensation and refund of the bond 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 tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord provided the Tribunal with a pre let inspection report and exit inspection and photos. The photos show that the property was not left reasonably clean and tidy.

There was rubbish left inside and outside the house. The tenants had built an unauthorised lean too structure off the carport/garage. A lot of the rubbish removal costs were associated with the removal of the structure and disposing of the materials used in its construction.

The landlord provided a detailed invoice setting out the cost of the cleaning, and rubbish removal.

The tenants accept that they did not clean the property properly nor remove the rubbish.

I am satisfied that the landlord has proven their claims for the rubbish removal and the cleaning 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: -Five frosted windowpanes were smashed during the tenancy.

The tenants acknowledge that there were 5 broken windowpanes. The tenants state that they did notify the landlord about the damage.

The landlord has provided photos of the smashed windowpanes and an invoice for the cost to repair the windowpanes.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I am satisfied that the landlord has proven their claim for $2003.40 for the replacing of the frosted glass panes.

The amounts ordered are proved.

The bond is to be refunded to the landlord to offset some of the debt owed by the tenants to the landlord.

Claims and awards in Tenancy Tribunal application 5350745 — net $5,591.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Oven/stove cleaning	$162.46	Oven/stove cleaning
Cleaning	$678.61	Cleaning
Rubbish removal: Internal	$302.74	Rubbish removal: Internal
Rubbish removal: External	$2,707.98	Rubbish removal: External
Window repairs: 5 frosted windowpanes	$2,003.40	Window repairs: 5 frosted windowpanes
Net award	$5,591.19
Total payable by Tenant to Landlord	$5,591.19

Order

Alice Grace Ruth Leolahi and Mataturiia Tuaineiti must pay Kāinga Ora–Homes And Communities $5,591.19 immediately, for cleaning, rubbish removal and damages, as calculated and shown in table below: DescriptionLandlord Oven/stove cleaning$162.46 Cleaning$678.61 Rubbish removal: Internal$302.74 Rubbish removal: External$2,707.98 Window repairs: 5 frosted windowpanes$2,003.40 Total award$5,855.19 Minus Bond-$264.00 Total payable by Tenant to Landlord$5,591.19
The Bond Centre is to pay the bond of $264.00 (3027248-003) to Kāinga Ora– Homes And Communities immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and refund of the bond 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 tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided the Tribunal with a pre let inspection report and exit inspection and photos. The photos show that the property was not left reasonably clean and tidy.
There was rubbish left inside and outside the house. The tenants had built an unauthorised lean too structure off the carport/garage. A lot of the rubbish removal costs were associated with the removal of the structure and disposing of the materials used in its construction.
The landlord provided a detailed invoice setting out the cost of the cleaning, and rubbish removal.
The tenants accept that they did not clean the property properly nor remove the rubbish.
I am satisfied that the landlord has proven their claims for the rubbish removal and the cleaning 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: -Five frosted windowpanes were smashed during the tenancy.
The tenants acknowledge that there were 5 broken windowpanes. The tenants state that they did notify the landlord about the damage.
The landlord has provided photos of the smashed windowpanes and an invoice for the cost to repair the windowpanes.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I am satisfied that the landlord has proven their claim for $2003.40 for the replacing of the frosted glass panes.
The amounts ordered are proved.
The bond is to be refunded to the landlord to offset some of the debt owed by the tenants to the landlord.

Tenancy Tribunal case 5350745 — Property damage at Unit/Flat 1, 4 Rye Court, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 5350745 — Property damage at Unit/Flat 1, 4 Rye Court, Mangere East, Auckland 2024

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

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

Frequently asked questions