What was Tenancy Tribunal case 5447115 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $2,736.33

How much money was awarded in case 5447115?

Cleaning: $345.00 awarded to landlord; Walls and Doors: $303.56 awarded to landlord; Replace Carpet 2 Rooms: $637.00 awarded to landlord; Replace Stovetop: $295.34 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Property Damage: $655.43 awarded to landlord

What type of tenancy dispute was case 5447115?

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

Where can I read the official tribunal order for case 5447115?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13800459-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5447115 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $2,736.33

How much money was awarded in case 5447115?

Cleaning: $345.00 awarded to landlord; Walls and Doors: $303.56 awarded to landlord; Replace Carpet 2 Rooms: $637.00 awarded to landlord; Replace Stovetop: $295.34 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Property Damage: $655.43 awarded to landlord

What type of tenancy dispute was case 5447115?

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

Where can I read the official tribunal order for case 5447115?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13800459-Tenancy_Tribunal_Order.pdf.

24 Crossandra Drive, Mangere, Auckland 2022 Tenancy Tribunal Case 5447115 — Property damage

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24 Crossandra Drive, Mangere, Auckland 2022 Tenancy Tribunal Case 5447115 — 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 5447115 — net $2,736.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs: during tenancy	$655.43	Window repairs: during tenancy
Cleaning	$345.00	Cleaning
Rubbish removal	$500.00	Rubbish removal
Repairs: to walls and doors	$303.56	Repairs: to walls and doors
Replace carpet 2 rooms	$637.00	Replace carpet 2 rooms
Replace stovetop	$295.34	Replace stovetop
Net award	$2,736.33
Total payable by Tenant to Landlord	$2,736.33

Claims and awards for application 5447115 — net $2,736.33 NZD. Verify on MoJ.

Window repairs: during tenancy

Amount: $655.43
Awarded to: Landlord
Reason: Window repairs: during tenancy

Cleaning

Amount: $345.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $500.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: to walls and doors

Amount: $303.56
Awarded to: Landlord
Reason: Repairs: to walls and doors

Replace carpet 2 rooms

Amount: $637.00
Awarded to: Landlord
Reason: Replace carpet 2 rooms

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $2,736.33 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing.
The landlord has applied for compensation following the end of the tenancy. 5447115 2

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 chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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 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 window was broken, several walls and doors had holes and the carpet in tow rooms and the stove top needed to be replaced. 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 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. 5447115 3
In calculating depreciation, I have taken into account the age and condition of the carpets in both rooms and the stove top at the start of the tenancy and their likely useful lifespan.

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 5447115 — net $2,736.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs: during tenancy	$655.43	Window repairs: during tenancy
Cleaning	$345.00	Cleaning
Rubbish removal	$500.00	Rubbish removal
Repairs: to walls and doors	$303.56	Repairs: to walls and doors
Replace carpet 2 rooms	$637.00	Replace carpet 2 rooms
Replace stovetop	$295.34	Replace stovetop
Net award	$2,736.33
Total payable by Tenant to Landlord	$2,736.33

Claims and awards for application 5447115 — net $2,736.33 NZD. Verify on MoJ.

Window repairs: during tenancy

Amount: $655.43
Awarded to: Landlord
Reason: Window repairs: during tenancy

Cleaning

Amount: $345.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $500.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: to walls and doors

Amount: $303.56
Awarded to: Landlord
Reason: Repairs: to walls and doors

Replace carpet 2 rooms

Amount: $637.00
Awarded to: Landlord
Reason: Replace carpet 2 rooms

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $2,736.33 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing.
The landlord has applied for compensation following the end of the tenancy. 5447115 2

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 chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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 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 window was broken, several walls and doors had holes and the carpet in tow rooms and the stove top needed to be replaced. 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 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. 5447115 3
In calculating depreciation, I have taken into account the age and condition of the carpets in both rooms and the stove top at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 5447115 — Property damage at 24 Crossandra Drive, Mangere, Auckland 2022

At a glance

Tenancy Tribunal case 5447115 — Property damage at 24 Crossandra Drive, Mangere, Auckland 2022

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