What was Tenancy Tribunal case 5422860 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $2,782.54

How much money was awarded in case 5422860?

Cleaning: $485.04 awarded to landlord; Cleaning: $108.68 awarded to landlord; Cleaning: $42.09 awarded to landlord; Lawns and Garden Work: $682.06 awarded to landlord; Property Damage: $402.36 awarded to landlord; Fence: $60.65 awarded to landlord; Gate: $780.69 awarded to landlord; Laundry Ceiling Manhole: $119.15 awarded to landlord; Rangehood Filter: $66.36 awarded to landlord; Rubbish Removal: $35.46 awarded to landlord

What type of tenancy dispute was case 5422860?

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

Where can I read the official tribunal order for case 5422860?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13432024-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5422860 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $2,782.54

How much money was awarded in case 5422860?

Cleaning: $485.04 awarded to landlord; Cleaning: $108.68 awarded to landlord; Cleaning: $42.09 awarded to landlord; Lawns and Garden Work: $682.06 awarded to landlord; Property Damage: $402.36 awarded to landlord; Fence: $60.65 awarded to landlord; Gate: $780.69 awarded to landlord; Laundry Ceiling Manhole: $119.15 awarded to landlord; Rangehood Filter: $66.36 awarded to landlord; Rubbish Removal: $35.46 awarded to landlord

What type of tenancy dispute was case 5422860?

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

Where can I read the official tribunal order for case 5422860?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13432024-Tenancy_Tribunal_Order.pdf.

8 Cobb Place, Highbury, Palmerston North 4412 Tenancy Tribunal Case 5422860 — Property damage

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8 Cobb Place, Highbury, Palmerston North 4412 Tenancy Tribunal Case 5422860 — 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 5422860 — net $2,782.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$682.06	Lawns and Garden work
Rubbish removal: tyre	$35.46	Rubbish removal: tyre
Repairs: gate	$780.69	Repairs: gate
Repairs: fence	$60.65	Repairs: fence
Cleaning: shed/garage	$42.09	Cleaning: shed/garage
Cleaning: house	$485.04	Cleaning: house
Window repairs	$402.36	Window repairs
Repairs: rangehood filter	$66.36	Repairs: rangehood filter
Cleaning: kitchen	$108.68	Cleaning: kitchen
Repairs: Laundry ceiling manhole	$119.15	Repairs: Laundry ceiling manhole
Net award	$2,782.54
Total payable by Tenant to Landlord	$2,782.54

Claims and awards for application 5422860 — net $2,782.54 NZD. Verify on MoJ.

Lawns and Garden work

Amount: $682.06
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal: tyre

Amount: $35.46
Awarded to: Landlord
Reason: Rubbish removal: tyre

Repairs: gate

Amount: $780.69
Awarded to: Landlord
Reason: Repairs: gate

Repairs: fence

Amount: $60.65
Awarded to: Landlord
Reason: Repairs: fence

Cleaning: shed/garage

Amount: $42.09
Awarded to: Landlord
Reason: Cleaning: shed/garage

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 $2,782.54 immediately, calculated as shown in table below.

Reasons

The landlord attended the remote hearing.
The tenant did not connect to the remote hearing. The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in his absence.
The landlord has applied for compensation following the end of the tenancy. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden. The Law – tenant’s obligations at the end of the tenancy
At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 1 The Law - Tenants responsibility for damage
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 2
Where a landlord is claiming compensation for damage 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. 3
Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 4
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 1 See section 40(1)(e) of the RTA. 2 See s 40 (2)(a) of the RTA. 3 See sections 40(2)(a), 41 and 49B RTA. 4 See Taylor v Webb [1937] 2KB 283 (CA). income-related rent). 5 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). 6 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 7
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. 8 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. 9
In assessing a claim for compensation, I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Cleaning and rubbish removal
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. A significant amount of cleaning and rubbish removal was required.
The amounts ordered are proved with ingoing and outgoing photographs, a invoiced charges statement and oral evidence. Damage claims
The following damage was caused during the tenancy: a. The gate and fence was damaged, b. A window was broken, c. A rangehood filter was missing, d. The laundry manhole cover was missing.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. Filing Fee 5 See section 49B(3)(a) RTA. 6 See section 49B(3)(b) RTA. 7 See section 49B(3A)(a) RTA. 8 See section 49B(1) RTA. 9 See Guo v Korck [2019] NZHC 1541.
The landlord waived the filing fee.

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 5422860 — net $2,782.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$682.06	Lawns and Garden work
Rubbish removal: tyre	$35.46	Rubbish removal: tyre
Repairs: gate	$780.69	Repairs: gate
Repairs: fence	$60.65	Repairs: fence
Cleaning: shed/garage	$42.09	Cleaning: shed/garage
Cleaning: house	$485.04	Cleaning: house
Window repairs	$402.36	Window repairs
Repairs: rangehood filter	$66.36	Repairs: rangehood filter
Cleaning: kitchen	$108.68	Cleaning: kitchen
Repairs: Laundry ceiling manhole	$119.15	Repairs: Laundry ceiling manhole
Net award	$2,782.54
Total payable by Tenant to Landlord	$2,782.54

Claims and awards for application 5422860 — net $2,782.54 NZD. Verify on MoJ.

Lawns and Garden work

Amount: $682.06
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal: tyre

Amount: $35.46
Awarded to: Landlord
Reason: Rubbish removal: tyre

Repairs: gate

Amount: $780.69
Awarded to: Landlord
Reason: Repairs: gate

Repairs: fence

Amount: $60.65
Awarded to: Landlord
Reason: Repairs: fence

Cleaning: shed/garage

Amount: $42.09
Awarded to: Landlord
Reason: Cleaning: shed/garage

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 $2,782.54 immediately, calculated as shown in table below.

Reasons

The landlord attended the remote hearing.
The tenant did not connect to the remote hearing. The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in his absence.
The landlord has applied for compensation following the end of the tenancy. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden. The Law – tenant’s obligations at the end of the tenancy
At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 1 The Law - Tenants responsibility for damage
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 2
Where a landlord is claiming compensation for damage 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. 3
Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 4
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 1 See section 40(1)(e) of the RTA. 2 See s 40 (2)(a) of the RTA. 3 See sections 40(2)(a), 41 and 49B RTA. 4 See Taylor v Webb [1937] 2KB 283 (CA). income-related rent). 5 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). 6 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 7
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. 8 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. 9
In assessing a claim for compensation, I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Cleaning and rubbish removal
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. A significant amount of cleaning and rubbish removal was required.
The amounts ordered are proved with ingoing and outgoing photographs, a invoiced charges statement and oral evidence. Damage claims
The following damage was caused during the tenancy: a. The gate and fence was damaged, b. A window was broken, c. A rangehood filter was missing, d. The laundry manhole cover was missing.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. Filing Fee 5 See section 49B(3)(a) RTA. 6 See section 49B(3)(b) RTA. 7 See section 49B(3A)(a) RTA. 8 See section 49B(1) RTA. 9 See Guo v Korck [2019] NZHC 1541.
The landlord waived the filing fee.

Tenancy Tribunal case 5422860 — Property damage at 8 Cobb Place, Highbury, Palmerston North 4412

At a glance

Tenancy Tribunal case 5422860 — Property damage at 8 Cobb Place, Highbury, Palmerston North 4412

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions