What was the outcome of Tenancy Tribunal case 5426637?

The tribunal order states: Petivia Iopu must pay Kāinga Ora–Homes And Communities $2,814.17

How much money was awarded in case 5426637?

Cleaning: $1,245.18 awarded to landlord; Property Damage: $1,150.35 awarded to landlord; Rent Credit: $309.86 awarded to tenant; Replace Furnishings: Carpets: $214.00 awarded to landlord; Replace Furnishings: Curtains: $350.00 awarded to landlord; Rubbish Removal: $358.50 awarded to landlord

What type of tenancy dispute was case 5426637?

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

Where can I read the official tribunal order for case 5426637?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13446893-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5426637?

The tribunal order states: Petivia Iopu must pay Kāinga Ora–Homes And Communities $2,814.17

How much money was awarded in case 5426637?

Cleaning: $1,245.18 awarded to landlord; Property Damage: $1,150.35 awarded to landlord; Rent Credit: $309.86 awarded to tenant; Replace Furnishings: Carpets: $214.00 awarded to landlord; Replace Furnishings: Curtains: $350.00 awarded to landlord; Rubbish Removal: $358.50 awarded to landlord

What type of tenancy dispute was case 5426637?

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

Where can I read the official tribunal order for case 5426637?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13446893-Tenancy_Tribunal_Order.pdf.

31 Bellgrove Place, Avondale, Auckland 1026 Tenancy Tribunal Case 5426637 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5426637 — net $2,814.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal	$358.50		Rubbish removal
Cleaning: including graffiti removal	$1,245.18		Cleaning: including graffiti removal
Replace furnishings: curtains	$350.00		Replace furnishings: curtains
Replace furnishings: carpets	$214.00		Replace furnishings: carpets
Repairs	$1,150.35		Repairs
Rent credit		$309.86	Rent credit
Total award	$3,318.03	$309.86
Net award	$2,814.17
Total payable by Tenant to Landlord	$2,814.17

The landlord attended the video hearing.

The landlord has applied for compensation and refund of the bond 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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The curtains in the living and dining rooms were missing at the end of the tenancy.

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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. The two year old carpets in all three bedrooms were stained and damaged beyond repair and required replacement. b. The living room and toilet doors were damaged beyond repair. c. The toilet roll holder was damaged and required replacement. d. There was substantial wall damage throughout the property in all three bedrooms, the living room, the hallway, toilet and laundry.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. From the nature and extent of the damage it was intentional.

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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

The landlord holds a rent credit and it is appropriate that this sum be applied to the amount owing by the tenant to the landlord.

Claims and awards in Tenancy Tribunal application 5426637 — net $2,814.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal	$358.50		Rubbish removal
Cleaning: including graffiti removal	$1,245.18		Cleaning: including graffiti removal
Replace furnishings: curtains	$350.00		Replace furnishings: curtains
Replace furnishings: carpets	$214.00		Replace furnishings: carpets
Repairs	$1,150.35		Repairs
Rent credit		$309.86	Rent credit
Total award	$3,318.03	$309.86
Net award	$2,814.17
Total payable by Tenant to Landlord	$2,814.17

Order

Petivia Iopu must pay Kāinga Ora–Homes And Communities $2,814.17 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $194.00 (3504098-005) to Kāinga Ora– Homes And Communities immediately.

Reasons

The landlord attended the video hearing.
The landlord has applied for compensation and refund of the bond 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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The curtains in the living and dining rooms were missing at the end of the tenancy.
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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. The two year old carpets in all three bedrooms were stained and damaged beyond repair and required replacement. b. The living room and toilet doors were damaged beyond repair. c. The toilet roll holder was damaged and required replacement. d. There was substantial wall damage throughout the property in all three bedrooms, the living room, the hallway, toilet and laundry.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. From the nature and extent of the damage it was intentional.
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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The landlord holds a rent credit and it is appropriate that this sum be applied to the amount owing by the tenant to the landlord.

Tenancy Tribunal case 5426637 — Cleanliness at 31 Bellgrove Place, Avondale, Auckland 1026

At a glance

Tenancy Tribunal case 5426637 — Cleanliness at 31 Bellgrove Place, Avondale, Auckland 1026

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