What was Tenancy Tribunal case 5421950 about?

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

How much money was awarded in case 5421950?

Cleaning: $692.75 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Property Damage: $40.16 awarded to landlord; Property Damage: $91.54 awarded to landlord; Property Damage: $40.16 awarded to landlord; Property Damage: $91.54 awarded to landlord; Property Damage: $80.32 awarded to landlord; Property Damage: $30.64 awarded to landlord; Replace Door Bedroom 1: $215.95 awarded to landlord; Replace Kitchen Door: $215.95 awarded to landlord; Replace Oven - Depreciated For Wear…: $79.00 awarded to landlord; Replace Toilet Door: $215.95 awarded to landlord; Rubbish Removal: $328.42 awarded to landlord; Rubbish Removal: $1,500.00 awarded to landlord

What type of tenancy dispute was case 5421950?

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

Where can I read the official tribunal order for case 5421950?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13860474-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5421950 about?

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

How much money was awarded in case 5421950?

Cleaning: $692.75 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Property Damage: $40.16 awarded to landlord; Property Damage: $91.54 awarded to landlord; Property Damage: $40.16 awarded to landlord; Property Damage: $91.54 awarded to landlord; Property Damage: $80.32 awarded to landlord; Property Damage: $30.64 awarded to landlord; Replace Door Bedroom 1: $215.95 awarded to landlord; Replace Kitchen Door: $215.95 awarded to landlord; Replace Oven - Depreciated For Wear…: $79.00 awarded to landlord; Replace Toilet Door: $215.95 awarded to landlord; Rubbish Removal: $328.42 awarded to landlord; Rubbish Removal: $1,500.00 awarded to landlord

What type of tenancy dispute was case 5421950?

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

Where can I read the official tribunal order for case 5421950?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13860474-Tribunal_Order.pdf.

22 Calthorp Close, Favona, Auckland 2024 Tenancy Tribunal Case 5421950 — Cleanliness

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22 Calthorp Close, Favona, Auckland 2024 Tenancy Tribunal Case 5421950 — 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 5421950 — net $3,722.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace kitchen door	$215.95	Replace kitchen door
Replace oven - depreciated for wear and tear	$79.00	Replace oven - depreciated for wear and tear
Repair hole in hall wall	$40.16	Repair hole in hall wall
Replace door bedroom 1	$215.95	Replace door bedroom 1
Repair hole in door bedroom 2	$91.54	Repair hole in door bedroom 2
Repair hole in wall bedroom 2	$40.16	Repair hole in wall bedroom 2
Repair hole bathroom door	$91.54	Repair hole bathroom door
Replace toilet door	$215.95	Replace toilet door
Repair holes in toilet walls	$80.32	Repair holes in toilet walls
Replacement toilet roll holder	$30.64	Replacement toilet roll holder
Cleaning: includes kitchen cupboards	$692.75	Cleaning: includes kitchen cupboards
Rubbish removal: inside house	$328.42	Rubbish removal: inside house
Rubbish removal: outside house	$1,500.00	Rubbish removal: outside house
Lawns and garden work	$100.00	Lawns and garden work
Net award	$3,722.38
Total payable by Tenant to Landlord	$3,722.38

Claims and awards for application 5421950 — net $3,722.38 NZD. Verify on MoJ.

Replace kitchen door

Amount: $215.95
Awarded to: Landlord
Reason: Replace kitchen door

Replace oven - depreciated for wear and tear

Amount: $79.00
Awarded to: Landlord
Reason: Replace oven - depreciated for wear and tear

Repair hole in hall wall

Amount: $40.16
Awarded to: Landlord
Reason: Repair hole in hall wall

Replace door bedroom 1

Amount: $215.95
Awarded to: Landlord
Reason: Replace door bedroom 1

Repair hole in door bedroom 2

Amount: $91.54
Awarded to: Landlord
Reason: Repair hole in door bedroom 2

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $3,722.38 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not answer the calls I made to her phone.
The landlord has applied for compensation following the end of the tenancy.

Did the tenant comply with her obligations at the end of the tenancy?

Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
This is the landlord’s claim to prove. I was provided with very good photos showing the need for additional cleaning. I have not allowed the separate claim for the kitchen cupboards because the whole house claim seems reasonable for the work required. I find the lawns at the back of the house were not left in a reasonable condition and I have allowed $100 for the cost of getting these to the required standard.
The claim for the inside rubbish, which included furniture and the fridge, is proved and allowed. I have reduced the amount for the outdoor rubbish to what I consider is a reasonable amount for the work.

Is the tenant responsible for the damage to the premises?

There are claims for damage. The 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 she 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.
The landlord has proved the damage listed in the table above was caused during the tenancy. 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 betterment and depreciation into account for the claim for the replacement oven. In calculating depreciation, I have taken into account the age and condition of the oven at the start of the tenancy - 7 years - and the likely useful lifespan of eight years.

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 5421950 — net $3,722.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace kitchen door	$215.95	Replace kitchen door
Replace oven - depreciated for wear and tear	$79.00	Replace oven - depreciated for wear and tear
Repair hole in hall wall	$40.16	Repair hole in hall wall
Replace door bedroom 1	$215.95	Replace door bedroom 1
Repair hole in door bedroom 2	$91.54	Repair hole in door bedroom 2
Repair hole in wall bedroom 2	$40.16	Repair hole in wall bedroom 2
Repair hole bathroom door	$91.54	Repair hole bathroom door
Replace toilet door	$215.95	Replace toilet door
Repair holes in toilet walls	$80.32	Repair holes in toilet walls
Replacement toilet roll holder	$30.64	Replacement toilet roll holder
Cleaning: includes kitchen cupboards	$692.75	Cleaning: includes kitchen cupboards
Rubbish removal: inside house	$328.42	Rubbish removal: inside house
Rubbish removal: outside house	$1,500.00	Rubbish removal: outside house
Lawns and garden work	$100.00	Lawns and garden work
Net award	$3,722.38
Total payable by Tenant to Landlord	$3,722.38

Claims and awards for application 5421950 — net $3,722.38 NZD. Verify on MoJ.

Replace kitchen door

Amount: $215.95
Awarded to: Landlord
Reason: Replace kitchen door

Replace oven - depreciated for wear and tear

Amount: $79.00
Awarded to: Landlord
Reason: Replace oven - depreciated for wear and tear

Repair hole in hall wall

Amount: $40.16
Awarded to: Landlord
Reason: Repair hole in hall wall

Replace door bedroom 1

Amount: $215.95
Awarded to: Landlord
Reason: Replace door bedroom 1

Repair hole in door bedroom 2

Amount: $91.54
Awarded to: Landlord
Reason: Repair hole in door bedroom 2

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $3,722.38 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not answer the calls I made to her phone.
The landlord has applied for compensation following the end of the tenancy.

Did the tenant comply with her obligations at the end of the tenancy?

Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
This is the landlord’s claim to prove. I was provided with very good photos showing the need for additional cleaning. I have not allowed the separate claim for the kitchen cupboards because the whole house claim seems reasonable for the work required. I find the lawns at the back of the house were not left in a reasonable condition and I have allowed $100 for the cost of getting these to the required standard.
The claim for the inside rubbish, which included furniture and the fridge, is proved and allowed. I have reduced the amount for the outdoor rubbish to what I consider is a reasonable amount for the work.

Is the tenant responsible for the damage to the premises?

There are claims for damage. The 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 she 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.
The landlord has proved the damage listed in the table above was caused during the tenancy. 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 betterment and depreciation into account for the claim for the replacement oven. In calculating depreciation, I have taken into account the age and condition of the oven at the start of the tenancy - 7 years - and the likely useful lifespan of eight years.

Tenancy Tribunal case 5421950 — Cleanliness at 22 Calthorp Close, Favona, Auckland 2024

At a glance

Tenancy Tribunal case 5421950 — Cleanliness at 22 Calthorp Close, Favona, Auckland 2024

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenant comply with her 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

Dismissed claims

Order

Reasons

Did the tenant comply with her 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