What was the outcome of Tenancy Tribunal case 5451208?

The tribunal order states: Jade Carleen Rogers must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5451208?

Cleaning: $569.61 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Painting Of Walls: $767.81 awarded to landlord; Property Damage: $39.68 awarded to landlord; Property Damage: $1,230.69 awarded to landlord; Property Damage: $1,289.59 awarded to landlord; Property Damage: $245.18 awarded to landlord; Property Damage: $846.26 awarded to landlord; Rubbish Removal: $2,151.00 awarded to landlord; Rubbish Removal: $1,434.00 awarded to landlord; Rubbish Removal: $2,298.94 awarded to landlord

What type of tenancy dispute was case 5451208?

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

Where can I read the official tribunal order for case 5451208?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13698710-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5451208?

The tribunal order states: Jade Carleen Rogers must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5451208?

Cleaning: $569.61 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Painting Of Walls: $767.81 awarded to landlord; Property Damage: $39.68 awarded to landlord; Property Damage: $1,230.69 awarded to landlord; Property Damage: $1,289.59 awarded to landlord; Property Damage: $245.18 awarded to landlord; Property Damage: $846.26 awarded to landlord; Rubbish Removal: $2,151.00 awarded to landlord; Rubbish Removal: $1,434.00 awarded to landlord; Rubbish Removal: $2,298.94 awarded to landlord

What type of tenancy dispute was case 5451208?

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

Where can I read the official tribunal order for case 5451208?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13698710-Tenancy_Tribunal_Order.pdf.

140B Gloucester Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5451208 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5451208 — net $11,072.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$569.61	Cleaning
Rubbish removal: interior	$2,298.94	Rubbish removal: interior
Rubbish removal: garage	$1,434.00	Rubbish removal: garage
Rubbish removal: exterior	$2,151.00	Rubbish removal: exterior
Lawns and garden work	$200.00	Lawns and garden work
Rangehood filter replacement	$39.68	Rangehood filter replacement
Window repairs	$1,230.69	Window repairs
Painting of walls	$767.81	Painting of walls
Replacement of doors/doorframe repairs	$1,289.59	Replacement of doors/doorframe repairs
Kitchen cabinet door replacement	$245.18	Kitchen cabinet door replacement
Repairs to walls	$846.26	Repairs to walls
Net award	$11,072.76
Total payable by Tenant to Landlord	$11,072.76

The Tribunal must consider an application filed by the landlord.

Only the landlord attended the hearing. There was no appearance by the tenant at the scheduled time. The start of the hearing was delayed, and the matter was called again. The tenant still did not attend. As the tenant has been notified, the hearing proceeded.

The landlord has applied for rent arrears and compensation following the end of the tenancy. There is no bond.

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) of the Residential Tenancies Act 1986 (the RTA).

The landlord seeks costs for cleaning, rubbish removal, lawnmowing/gardening and replacement of a rangehood filter. The landlord has produced inspection reports with photographic evidence showing the condition of the premises at the start of the tenancy, and when the tenancy ended. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The evidence shows extensive cleaning was required.

In terms of the rubbish removal costs, the landlord’s evidence is that there were large bulky items left inside and outside the premises, including furniture, clothing and other items. The volume of rubbish in the interior was 14 cubic metres, exterior rubbish was 12 cubic metres, and the garage rubbish amounted to 8 cubic metres.

The lawns had to be slashed and then mowed, due to the length of the grass at the end of the tenancy.

The rangehood filter had been removed and had to be replaced.

Being satisfied that the landlord has established its claims above, the amounts sought are ordered. Compensation for tenant damage General principles regarding responsibility for damage

The landlord seeks compensation for tenant damage. To be successful in such claims, 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 of the 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) of the 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) of the 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) of the 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) of the 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.

When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. The landlord’s claim for tenant damage

On the basis of the landlord’s evidence, I am satisfied that the following damage was caused during the tenancy: • Windows: the window in the hallway, and two windows in bedroom 1 were damaged and had to be replaced. • Walls: with reference to the photographs provided, the landlord states there were holes, marks and scrapes on multiple walls throughout the premises. There was also graffiti that had to be painted over. The landlord claims the cost of the wall repairs, and the depreciated amount of the painting cost, noting the walls had been painted 3 years ago. • Doors: three doors were damaged in bedroom 2, and, due to the extent of damage, had to be replaced. Doors in bedroom 1, and the garage were also replaced. • Doorframe: the doorframe in bedroom 1 was damaged and had to be repaired. • Kitchen cabinet door: the door had been removed, and had to be replaced.

The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

As the claims have been established, the amounts sought are awarded above.

In determining the quantum of compensation, betterment and depreciation has been taken into account. Filing fee and name suppression

While successful, the landlord does not seek the filing fee or name suppression.

Claims and awards in Tenancy Tribunal application 5451208 — net $11,072.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$569.61	Cleaning
Rubbish removal: interior	$2,298.94	Rubbish removal: interior
Rubbish removal: garage	$1,434.00	Rubbish removal: garage
Rubbish removal: exterior	$2,151.00	Rubbish removal: exterior
Lawns and garden work	$200.00	Lawns and garden work
Rangehood filter replacement	$39.68	Rangehood filter replacement
Window repairs	$1,230.69	Window repairs
Painting of walls	$767.81	Painting of walls
Replacement of doors/doorframe repairs	$1,289.59	Replacement of doors/doorframe repairs
Kitchen cabinet door replacement	$245.18	Kitchen cabinet door replacement
Repairs to walls	$846.26	Repairs to walls
Net award	$11,072.76
Total payable by Tenant to Landlord	$11,072.76

Order

Jade Carleen Rogers must pay Kāinga Ora–Homes and Communities $11,072.76 immediately, calculated as shown in the table below.

Reasons

The Tribunal must consider an application filed by the landlord.
Only the landlord attended the hearing. There was no appearance by the tenant at the scheduled time. The start of the hearing was delayed, and the matter was called again. The tenant still did not attend. As the tenant has been notified, the hearing proceeded.
The landlord has applied for rent arrears and compensation following the end of the tenancy. There is no bond.

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) of the Residential Tenancies Act 1986 (the RTA).
The landlord seeks costs for cleaning, rubbish removal, lawnmowing/gardening and replacement of a rangehood filter. The landlord has produced inspection reports with photographic evidence showing the condition of the premises at the start of the tenancy, and when the tenancy ended. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The evidence shows extensive cleaning was required.
In terms of the rubbish removal costs, the landlord’s evidence is that there were large bulky items left inside and outside the premises, including furniture, clothing and other items. The volume of rubbish in the interior was 14 cubic metres, exterior rubbish was 12 cubic metres, and the garage rubbish amounted to 8 cubic metres.
The lawns had to be slashed and then mowed, due to the length of the grass at the end of the tenancy.
The rangehood filter had been removed and had to be replaced.
Being satisfied that the landlord has established its claims above, the amounts sought are ordered. Compensation for tenant damage General principles regarding responsibility for damage
The landlord seeks compensation for tenant damage. To be successful in such claims, 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 of the 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) of the 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) of the 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) of the 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) of the 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.
When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. The landlord’s claim for tenant damage
On the basis of the landlord’s evidence, I am satisfied that the following damage was caused during the tenancy: • Windows: the window in the hallway, and two windows in bedroom 1 were damaged and had to be replaced. • Walls: with reference to the photographs provided, the landlord states there were holes, marks and scrapes on multiple walls throughout the premises. There was also graffiti that had to be painted over. The landlord claims the cost of the wall repairs, and the depreciated amount of the painting cost, noting the walls had been painted 3 years ago. • Doors: three doors were damaged in bedroom 2, and, due to the extent of damage, had to be replaced. Doors in bedroom 1, and the garage were also replaced. • Doorframe: the doorframe in bedroom 1 was damaged and had to be repaired. • Kitchen cabinet door: the door had been removed, and had to be replaced.
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
As the claims have been established, the amounts sought are awarded above.
In determining the quantum of compensation, betterment and depreciation has been taken into account. Filing fee and name suppression
While successful, the landlord does not seek the filing fee or name suppression.

Tenancy Tribunal case 5451208 — Property damage at 140B Gloucester Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5451208 — Property damage at 140B Gloucester Road, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions