What was Tenancy Tribunal case 5437708 about?

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

How much money was awarded in case 5437708?

Cleaning: $82.93 awarded to landlord; Electric Hob Repalcement: $431.25 awarded to landlord; Property Damage: $444.58 awarded to landlord

What type of tenancy dispute was case 5437708?

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

Where can I read the official tribunal order for case 5437708?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13785996-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5437708 about?

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

How much money was awarded in case 5437708?

Cleaning: $82.93 awarded to landlord; Electric Hob Repalcement: $431.25 awarded to landlord; Property Damage: $444.58 awarded to landlord

What type of tenancy dispute was case 5437708?

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

Where can I read the official tribunal order for case 5437708?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13785996-Tenancy_Tribunal_Order.pdf.

4C Wilmshurst Avenue, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 5437708 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5437708 — net $958.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: Oven	$82.93	Cleaning: Oven
Carpet replacement - lounge	$444.58	Carpet replacement - lounge
Electric hob repalcement	$431.25	Electric hob repalcement
Net award	$958.76
Total payable by Tenant to Landlord	$958.76

Both parties attended the hearing which took place by videoconference.

The tenant rented a 5 bedroom new home from the landlord and lived there with her children for two and half years.

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 5437708 2 chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord claimed that the tenant did not leave the premises reasonably clean and tidy. The tenant claimed that she and her adult children spent hours cleaning the premises and believed they left the premises reasonably clean and tidy. At the hearing the landlord withdrew the claim for general cleaning but still sought the amount for stove and oven clean of $165.86 and kitchen cupboards of $104.26.

I have considered the photographs and the evidence of both parties. I find that the landlord has proved that the oven was not left reasonably clean and tidy, however, as the amount charged records it is for “clean stove and oven” and the landlord replaced the stove top I have ordered the tenant to pay half the amount charged being $86.93. I have considered the photographs of the cupboards and the tenant’s evidence that her daughter cleaned these and find that although not immaculate they have been left reasonably clean and tidy and decline to order the amount sought to clean kitchen cupboards.

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.

The landlord claimed the following damage was caused during the tenancy: (a)Damage to walls – the landlord provided photographs of two small knicks in the walls in bedroom one and five and sought $80.32 for patch and repair of these. The tenant stated that she had no knowledge of these marks and said they may have been caused by furniture. Having considered the small size of the marks, the size of the family home and the 2 1/2 year length of the tenancy I am not satisfied on the balance of probabilities that the damage is beyond fair wear and tear. 5437708 3 (b)Damage to carpet – the landlord sought depreciated amounts for replacing carpet and underlay in the living room and entry hallway. The landlord provided entry and exit photographs and evidence of the depreciated amounts claims. The tenant responded that they had hired a rug doctor and cleaned the entire premises and it was so clean that they sat on the floor before leaving. I have carefully considered the photographs and the evidence of both parties. After the carpet was cleaned there were still marks in the hallway and living room. I am no satisfied on the balance of probabilities that the landlord has proved that the damage to the carpet in the hallway is beyond fair wear and tear for a high use area in a large family home so decline to order the carpet replacement. I am satisfied on the balance of probabilities that the damage to the lounge carpet is beyond fair wear and tear due the extent of the staining there. I order the tenant to pay the sum of $444.58 as the depreciated cost of the replacement. I have not seen any evidence of damage to the underlay requiring replacement so this amount is not ordered. (c)Damage to electric stove hob – the landlord sought the sum of $431.25 as a depreciated amount for the stove top replacement due to a crack on the ceramic stove top. The landlord provided entry and exit photographs. The tenant did not dispute the damage. The amount is ordered as sought.

The amounts ordered are proved.

Ms Davis for the landlord advised that they would discuss a payment arrangement with the tenant after the hearing.

Reasons

Claims and awards in Tenancy Tribunal application 5437708 — net $958.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: Oven	$82.93	Cleaning: Oven
Carpet replacement - lounge	$444.58	Carpet replacement - lounge
Electric hob repalcement	$431.25	Electric hob repalcement
Net award	$958.76
Total payable by Tenant to Landlord	$958.76

Both parties attended the hearing which took place by videoconference.

The tenant rented a 5 bedroom new home from the landlord and lived there with her children for two and half years.

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?

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

Ms Davis for the landlord advised that they would discuss a payment arrangement with the tenant after the hearing.

Tenancy Tribunal case 5437708 — Property damage at 4C Wilmshurst Avenue, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 5437708 — Property damage at 4C Wilmshurst Avenue, Papatoetoe, Auckland 2025

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