What was Tenancy Tribunal case 5383885 about?

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

How much money was awarded in case 5383885?

Cleaning: $104.26 awarded to landlord; Cleaning: $48.45 awarded to landlord; Cleaning: $165.86 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 5383885?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5383885?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12911131-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5383885 about?

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

How much money was awarded in case 5383885?

Cleaning: $104.26 awarded to landlord; Cleaning: $48.45 awarded to landlord; Cleaning: $165.86 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 5383885?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5383885?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12911131-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 2, 29 Rata Vine Drive, Wiri, Auckland 2104 Tenancy Tribunal Case 5383885 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5383885 — net $718.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: Cupboards	$104.26	Cleaning: Cupboards
Cleaning: Stove	$165.86	Cleaning: Stove
Cleaning: Rangehood	$48.45	Cleaning: Rangehood
Rubbish removal: Interior	$200.00	Rubbish removal: Interior
Rubbish removal: Exterior	$200.00	Rubbish removal: Exterior
Net award	$718.57
Total payable by Tenant to Landlord	$718.57

Both parties attended the remote 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 and 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 areas which required further cleaning to bring them up to a reasonably clean and tidy standard. The claims for cleaning cupboards ($104.26), stove ($165.86) and the rangehood ($48.45) are reasonable and are proven.

The landlord seeks $328.42 for interior rubbish removal and $717.00 for exterior rubbish removal, The photos provided by the landlord show a small amount of rubbish in both areas. I had reduced the claims to $200.00 for each which I consider more accurately reflects the rubbish that needed to be removed.

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: A wall and a sliding door window were damaged. The tenant said that these were caused as a result of a burglary. The burglary was reported to the landlord by the tenant. I consider that it is more likely than not that this was the cause of the damage. The tenant did not carelessly or intentionally cause or permit the damage. The claim against the tenant for the damage is dismissed.

The tenant applied for name suppression. The tenant has not been wholly or substantially successful in this hearing and the tenant’s application for name suppression is dismissed.

Claims and awards in Tenancy Tribunal application 5383885 — net $718.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: Cupboards	$104.26	Cleaning: Cupboards
Cleaning: Stove	$165.86	Cleaning: Stove
Cleaning: Rangehood	$48.45	Cleaning: Rangehood
Rubbish removal: Interior	$200.00	Rubbish removal: Interior
Rubbish removal: Exterior	$200.00	Rubbish removal: Exterior
Net award	$718.57
Total payable by Tenant to Landlord	$718.57

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $718.57 immediately, calculated as shown in table below.

Reasons

Both parties attended the remote 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 and 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 areas which required further cleaning to bring them up to a reasonably clean and tidy standard. The claims for cleaning cupboards ($104.26), stove ($165.86) and the rangehood ($48.45) are reasonable and are proven.
The landlord seeks $328.42 for interior rubbish removal and $717.00 for exterior rubbish removal, The photos provided by the landlord show a small amount of rubbish in both areas. I had reduced the claims to $200.00 for each which I consider more accurately reflects the rubbish that needed to be removed.
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: A wall and a sliding door window were damaged. The tenant said that these were caused as a result of a burglary. The burglary was reported to the landlord by the tenant. I consider that it is more likely than not that this was the cause of the damage. The tenant did not carelessly or intentionally cause or permit the damage. The claim against the tenant for the damage is dismissed.
The tenant applied for name suppression. The tenant has not been wholly or substantially successful in this hearing and the tenant’s application for name suppression is dismissed.

Tenancy Tribunal case 5383885 — Cleanliness at Unit/Flat Flat 2, 29 Rata Vine Drive, Wiri, Auckland 2104

At a glance

Tenancy Tribunal case 5383885 — Cleanliness at Unit/Flat Flat 2, 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