What was Tenancy Tribunal case 5382012 about?

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

How much money was awarded in case 5382012?

Cleaning: $108.68 awarded to landlord; Cleaning: $42.09 awarded to landlord; Window: $402.36 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord

What type of tenancy dispute was case 5382012?

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

Where can I read the official tribunal order for case 5382012?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12889752-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5382012 about?

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

How much money was awarded in case 5382012?

Cleaning: $108.68 awarded to landlord; Cleaning: $42.09 awarded to landlord; Window: $402.36 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord

What type of tenancy dispute was case 5382012?

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

Where can I read the official tribunal order for case 5382012?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12889752-Tenancy_Tribunal_Order.pdf.

51 Morris Spence Avenue, Onekawa, Napier 4110 Tenancy Tribunal Case 5382012 — Property damage

Tenantcheck Insights

51 Morris Spence Avenue, Onekawa, Napier 4110 Tenancy Tribunal Case 5382012 — Property damage | 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 5382012 — net $459.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: Shed by consent	$42.09	Cleaning: Shed by consent
Cleaning: kitchen cupboards by consent	$108.68	Cleaning: kitchen cupboards by consent
Repairs: Window	$402.36	Repairs: Window
Rubbish removal: by consent	$100.00	Rubbish removal: by consent
Net award	$459.13
Total payable by Tenant to Landlord	$459.13

Claims and awards for application 5382012 — net $459.13 NZD. Verify on MoJ.

Cleaning: Shed by consent

Amount: $42.09
Awarded to: Landlord
Reason: Cleaning: Shed by consent

Cleaning: kitchen cupboards by consent

Amount: $108.68
Awarded to: Landlord
Reason: Cleaning: kitchen cupboards by consent

Repairs: Window

Amount: $402.36
Awarded to: Landlord
Reason: Repairs: Window

Rubbish removal: by consent

Amount: $100.00
Awarded to: Landlord
Reason: Rubbish removal: by consent

Net award

Landlord $459.13

Total payable by Tenant to Landlord

Landlord $459.13

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Kāinga Ora–Homes And Communities $459.13 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $194.00 (3087902-011) to Kāinga Ora– Homes And Communities immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and refund of the bond.
The Tenant agreed to pay for the cleaning of the shed, kitchen cupboard and rubbish removal.

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: damaged window. The Tenant submitted they did not realise they damaged a window when they were mowing a lawn which caused a stone to smash the window. The Tenant failed to notify the Landlord when the damage was discovered. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

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 5382012 — net $459.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: Shed by consent	$42.09	Cleaning: Shed by consent
Cleaning: kitchen cupboards by consent	$108.68	Cleaning: kitchen cupboards by consent
Repairs: Window	$402.36	Repairs: Window
Rubbish removal: by consent	$100.00	Rubbish removal: by consent
Net award	$459.13
Total payable by Tenant to Landlord	$459.13

Claims and awards for application 5382012 — net $459.13 NZD. Verify on MoJ.

Cleaning: Shed by consent

Amount: $42.09
Awarded to: Landlord
Reason: Cleaning: Shed by consent

Cleaning: kitchen cupboards by consent

Amount: $108.68
Awarded to: Landlord
Reason: Cleaning: kitchen cupboards by consent

Repairs: Window

Amount: $402.36
Awarded to: Landlord
Reason: Repairs: Window

Rubbish removal: by consent

Amount: $100.00
Awarded to: Landlord
Reason: Rubbish removal: by consent

Net award

Landlord $459.13

Total payable by Tenant to Landlord

Landlord $459.13

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Kāinga Ora–Homes And Communities $459.13 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $194.00 (3087902-011) to Kāinga Ora– Homes And Communities immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and refund of the bond.
The Tenant agreed to pay for the cleaning of the shed, kitchen cupboard and rubbish removal.

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: damaged window. The Tenant submitted they did not realise they damaged a window when they were mowing a lawn which caused a stone to smash the window. The Tenant failed to notify the Landlord when the damage was discovered. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 5382012 — Property damage at 51 Morris Spence Avenue, Onekawa, Napier 4110

At a glance

Tenancy Tribunal case 5382012 — Property damage at 51 Morris Spence Avenue, Onekawa, Napier 4110

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.