What was the outcome of Tenancy Tribunal case 5422719?

The tribunal order states: Bella-Marie Andrews must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5422719?

Lawns and Garden Work: $166.65 awarded to landlord; Bedroom 2 Door Replaced: $252.56 awarded to landlord; Garage Door: $85.00 awarded to landlord; Rehang Kitchen And Dining Room Doors: $141.39 awarded to landlord; Wall Holes: $143.61 awarded to landlord; Rubbish Removal: $600.00 awarded to landlord

What type of tenancy dispute was case 5422719?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5422719?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13442475-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5422719?

The tribunal order states: Bella-Marie Andrews must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5422719?

Lawns and Garden Work: $166.65 awarded to landlord; Bedroom 2 Door Replaced: $252.56 awarded to landlord; Garage Door: $85.00 awarded to landlord; Rehang Kitchen And Dining Room Doors: $141.39 awarded to landlord; Wall Holes: $143.61 awarded to landlord; Rubbish Removal: $600.00 awarded to landlord

What type of tenancy dispute was case 5422719?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5422719?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13442475-Tenancy_Tribunal_Order.pdf.

126 Aldershot Street, Aranui, Christchurch 8061 Tenancy Tribunal Case 5422719 — Property damage

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126 Aldershot Street, Aranui, Christchurch 8061 Tenancy Tribunal Case 5422719 — 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 5422719 — net $1,389.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$600.00	Rubbish removal
Lawns and Garden work	$166.65	Lawns and Garden work
Repairs: bedroom 2 door replaced	$252.56	Repairs: bedroom 2 door replaced
Repairs: rehang kitchen and dining room doors	$141.39	Repairs: rehang kitchen and dining room doors
Repairs: garage door	$85.00	Repairs: garage door
Repairs: wall holes	$143.61	Repairs: wall holes
Net award	$1,389.21
Total payable by Tenant to Landlord	$1,389.21

Claims and awards for application 5422719 — net $1,389.21 NZD. Verify on MoJ.

Rubbish removal

Amount: $600.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $166.65
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: bedroom 2 door replaced

Amount: $252.56
Awarded to: Landlord
Reason: Repairs: bedroom 2 door replaced

Repairs: rehang kitchen and dining room doors

Amount: $141.39
Awarded to: Landlord
Reason: Repairs: rehang kitchen and dining room doors

Repairs: garage door

Amount: $85.00
Awarded to: Landlord
Reason: Repairs: garage door

Claim types — money lines allowed on this order

Lawns And Garden Work Property damage Rubbish Removal

Order

Bella-Marie Andrews must pay Kāinga Ora–Homes And Communities $1,389.21 immediately, calculated as shown in the table below. DescriptionLandlord Rubbish removal$600.00 Lawns and Garden work$166.65 Repairs: bedroom 2 door replaced$252.56 Repairs: rehang kitchen and dining room doors$141.39 Repairs: garage door$85.00 Repairs: wall holes$143.61 Total award$1,389.21 Total payable by Tenant to Landlord$1,389.21

Reasons

The landlord attended the video 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 remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that while the tenant left the inside of the house clean and tidy, the lawns were overgrown and there were some items, including a car and a swing set, that had not been 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 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. The door to bedroom 2 was missing and required replacement and hanging. b. Two doors in the kitchen and the dining room needed to be rehung. c. The garage door had been nailed shut and required repair. d. There were two holes in the wall of the kitchen and one hole in the wall of bedroom 4.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

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 5422719 — net $1,389.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$600.00	Rubbish removal
Lawns and Garden work	$166.65	Lawns and Garden work
Repairs: bedroom 2 door replaced	$252.56	Repairs: bedroom 2 door replaced
Repairs: rehang kitchen and dining room doors	$141.39	Repairs: rehang kitchen and dining room doors
Repairs: garage door	$85.00	Repairs: garage door
Repairs: wall holes	$143.61	Repairs: wall holes
Net award	$1,389.21
Total payable by Tenant to Landlord	$1,389.21

Claims and awards for application 5422719 — net $1,389.21 NZD. Verify on MoJ.

Rubbish removal

Amount: $600.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $166.65
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: bedroom 2 door replaced

Amount: $252.56
Awarded to: Landlord
Reason: Repairs: bedroom 2 door replaced

Repairs: rehang kitchen and dining room doors

Amount: $141.39
Awarded to: Landlord
Reason: Repairs: rehang kitchen and dining room doors

Repairs: garage door

Amount: $85.00
Awarded to: Landlord
Reason: Repairs: garage door

Claim types — money lines allowed on this order

Lawns And Garden Work Property damage Rubbish Removal

Order

Bella-Marie Andrews must pay Kāinga Ora–Homes And Communities $1,389.21 immediately, calculated as shown in the table below. DescriptionLandlord Rubbish removal$600.00 Lawns and Garden work$166.65 Repairs: bedroom 2 door replaced$252.56 Repairs: rehang kitchen and dining room doors$141.39 Repairs: garage door$85.00 Repairs: wall holes$143.61 Total award$1,389.21 Total payable by Tenant to Landlord$1,389.21

Reasons

The landlord attended the video 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 remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that while the tenant left the inside of the house clean and tidy, the lawns were overgrown and there were some items, including a car and a swing set, that had not been 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 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. The door to bedroom 2 was missing and required replacement and hanging. b. Two doors in the kitchen and the dining room needed to be rehung. c. The garage door had been nailed shut and required repair. d. There were two holes in the wall of the kitchen and one hole in the wall of bedroom 4.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 5422719 — Property damage at 126 Aldershot Street, Aranui, Christchurch 8061

At a glance

Tenancy Tribunal case 5422719 — Property damage at 126 Aldershot Street, Aranui, Christchurch 8061

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