What was Tenancy Tribunal case 5402848 about?

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

How much money was awarded in case 5402848?

Cleaning: $281.56 awarded to landlord; Lawns: $855.50 awarded to landlord; Property Damage: $851.00 awarded to landlord; Holes In Walls: $136.35 awarded to landlord; Painting Graffiti Off Exterior: $563.26 awarded to landlord; Replace Door And Window Frame: $450.79 awarded to landlord; Rubbish Removal: $2,525.69 awarded to landlord

What type of tenancy dispute was case 5402848?

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

Where can I read the official tribunal order for case 5402848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13400543-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5402848 about?

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

How much money was awarded in case 5402848?

Cleaning: $281.56 awarded to landlord; Lawns: $855.50 awarded to landlord; Property Damage: $851.00 awarded to landlord; Holes In Walls: $136.35 awarded to landlord; Painting Graffiti Off Exterior: $563.26 awarded to landlord; Replace Door And Window Frame: $450.79 awarded to landlord; Rubbish Removal: $2,525.69 awarded to landlord

What type of tenancy dispute was case 5402848?

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

Where can I read the official tribunal order for case 5402848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13400543-Tenancy_Tribunal_Order.pdf.

28 Amberley Avenue, Westbrook, Palmerston North 4412 Tenancy Tribunal Case 5402848 — Property damage

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28 Amberley Avenue, Westbrook, Palmerston North 4412 Tenancy Tribunal Case 5402848 — 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 5402848 — net $5,664.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Damages owing when tenant moved out	$851.00	Damages owing when tenant moved out
Repairs: Holes in walls	$136.35	Repairs: Holes in walls
Rubbish removal- internal and external	$2,525.69	Rubbish removal- internal and external
Lawns	$855.50	Lawns
Repairs: Painting graffiti off exterior	$563.26	Repairs: Painting graffiti off exterior
Cleaning oven and kitchen cupboards	$281.56	Cleaning oven and kitchen cupboards
Repairs: Replace door and window frame	$450.79	Repairs: Replace door and window frame
Net award	$5,664.15
Total payable by Tenant to Landlord	$5,664.15

Claims and awards for application 5402848 — net $5,664.15 NZD. Verify on MoJ.

Damages owing when tenant moved out

Amount: $851.00
Awarded to: Landlord
Reason: Damages owing when tenant moved out

Repairs: Holes in walls

Amount: $136.35
Awarded to: Landlord
Reason: Repairs: Holes in walls

Rubbish removal- internal and external

Amount: $2,525.69
Awarded to: Landlord
Reason: Rubbish removal- internal and external

Lawns

Amount: $855.50
Awarded to: Landlord
Reason: Lawns

Repairs: Painting graffiti off exterior

Amount: $563.26
Awarded to: Landlord
Reason: Repairs: Painting graffiti off exterior

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $5,664.15 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
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 and old tyres from inside and outside of the premise.
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 landlord has provided photographic evidence that the following damage was caused during the tenancy by the tenant’s careless acts or omissions or the careless acts or omissions of persons in the premise with her consent: a. Replace Damaged Door - Living Room; b. Paint Walls - Living Room; c. Repair Holes in Walls – Living, Laundry and Dining Rooms d. Paint Over Graffiti in Carport; e. Repair Damaged Window Frame - Dining Room;
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 considered 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 considered 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 5402848 — net $5,664.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Damages owing when tenant moved out	$851.00	Damages owing when tenant moved out
Repairs: Holes in walls	$136.35	Repairs: Holes in walls
Rubbish removal- internal and external	$2,525.69	Rubbish removal- internal and external
Lawns	$855.50	Lawns
Repairs: Painting graffiti off exterior	$563.26	Repairs: Painting graffiti off exterior
Cleaning oven and kitchen cupboards	$281.56	Cleaning oven and kitchen cupboards
Repairs: Replace door and window frame	$450.79	Repairs: Replace door and window frame
Net award	$5,664.15
Total payable by Tenant to Landlord	$5,664.15

Claims and awards for application 5402848 — net $5,664.15 NZD. Verify on MoJ.

Damages owing when tenant moved out

Amount: $851.00
Awarded to: Landlord
Reason: Damages owing when tenant moved out

Repairs: Holes in walls

Amount: $136.35
Awarded to: Landlord
Reason: Repairs: Holes in walls

Rubbish removal- internal and external

Amount: $2,525.69
Awarded to: Landlord
Reason: Rubbish removal- internal and external

Lawns

Amount: $855.50
Awarded to: Landlord
Reason: Lawns

Repairs: Painting graffiti off exterior

Amount: $563.26
Awarded to: Landlord
Reason: Repairs: Painting graffiti off exterior

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $5,664.15 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
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 and old tyres from inside and outside of the premise.
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 landlord has provided photographic evidence that the following damage was caused during the tenancy by the tenant’s careless acts or omissions or the careless acts or omissions of persons in the premise with her consent: a. Replace Damaged Door - Living Room; b. Paint Walls - Living Room; c. Repair Holes in Walls – Living, Laundry and Dining Rooms d. Paint Over Graffiti in Carport; e. Repair Damaged Window Frame - Dining Room;
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 considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 5402848 — Property damage at 28 Amberley Avenue, Westbrook, Palmerston North 4412

At a glance

Tenancy Tribunal case 5402848 — Property damage at 28 Amberley Avenue, Westbrook, Palmerston North 4412

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