What was Tenancy Tribunal case 5452470 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $639.47

How much money was awarded in case 5452470?

Lawns and Garden Work: $600.00 awarded to landlord; Hole In The Wall Of Bedroom 1: $49.39 awarded to landlord; Rubbish Removal: $342.08 awarded to landlord

What type of tenancy dispute was case 5452470?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5452470?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13813059-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5452470 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $639.47

How much money was awarded in case 5452470?

Lawns and Garden Work: $600.00 awarded to landlord; Hole In The Wall Of Bedroom 1: $49.39 awarded to landlord; Rubbish Removal: $342.08 awarded to landlord

What type of tenancy dispute was case 5452470?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5452470?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13813059-Tenancy_Tribunal_Order.pdf.

34 Hewlett Road, Massey, Auckland 0614 Tenancy Tribunal Case 5452470 — Property damage

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34 Hewlett Road, Massey, Auckland 0614 Tenancy Tribunal Case 5452470 — 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 5452470 — net $639.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$342.08	Rubbish removal
Lawns and Garden work	$600.00	Lawns and Garden work
Repairs: hole in the wall of bedroom 1	$49.39	Repairs: hole in the wall of bedroom 1
Net award	$639.47
Total payable by Tenant to Landlord	$639.47

Claims and awards for application 5452470 — net $639.47 NZD. Verify on MoJ.

Rubbish removal

Amount: $342.08
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $600.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: hole in the wall of bedroom 1

Amount: $49.39
Awarded to: Landlord
Reason: Repairs: hole in the wall of bedroom 1

Net award

Landlord $639.47

Total payable by Tenant to Landlord

Landlord $639.47

Claim types — money lines allowed on this order

Lawns And Garden Work Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $639.47 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $352.00 (5053727-002) to Kāinga Ora– Homes And Communities immediately.

Reasons

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with the hearing.
The landlord has applied for compensation and refund of the bond, following the end of the tenancy.
At commencement, the landlord withdrew the compensation claims for oven and rangehood cleaning. It also revised downwards substantially the claim for rubbish removal ($1881.51 to $342.08).

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 RTA does not require the vacated premises to be in an immaculate condition, only in a reasonably clean and tidy state. The Tribunal will also take into account factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particular with paint work).
The tenant did not leave the lawns in reasonable condition, it being a large section with overgrown lawns as evidenced in the photos provided. The landlord claimed $600.00 for the slash and cutting as required. While expensive, the condition and substantial area justify the cost as invoiced. This is awarded.
The tenant did not remove all rubbish. The photos support the revised claim for $342.08 for rubbish removal and this is awarded.
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. 5452470 3
A hole in the wall of bedroom one was discovered at exit. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord sought $49.39 for the repair. This is accepted and awarded.
The amounts ordered are proved.

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 5452470 — net $639.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$342.08	Rubbish removal
Lawns and Garden work	$600.00	Lawns and Garden work
Repairs: hole in the wall of bedroom 1	$49.39	Repairs: hole in the wall of bedroom 1
Net award	$639.47
Total payable by Tenant to Landlord	$639.47

Claims and awards for application 5452470 — net $639.47 NZD. Verify on MoJ.

Rubbish removal

Amount: $342.08
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $600.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: hole in the wall of bedroom 1

Amount: $49.39
Awarded to: Landlord
Reason: Repairs: hole in the wall of bedroom 1

Net award

Landlord $639.47

Total payable by Tenant to Landlord

Landlord $639.47

Claim types — money lines allowed on this order

Lawns And Garden Work Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $639.47 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $352.00 (5053727-002) to Kāinga Ora– Homes And Communities immediately.

Reasons

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with the hearing.
The landlord has applied for compensation and refund of the bond, following the end of the tenancy.
At commencement, the landlord withdrew the compensation claims for oven and rangehood cleaning. It also revised downwards substantially the claim for rubbish removal ($1881.51 to $342.08).

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 RTA does not require the vacated premises to be in an immaculate condition, only in a reasonably clean and tidy state. The Tribunal will also take into account factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particular with paint work).
The tenant did not leave the lawns in reasonable condition, it being a large section with overgrown lawns as evidenced in the photos provided. The landlord claimed $600.00 for the slash and cutting as required. While expensive, the condition and substantial area justify the cost as invoiced. This is awarded.
The tenant did not remove all rubbish. The photos support the revised claim for $342.08 for rubbish removal and this is awarded.
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. 5452470 3
A hole in the wall of bedroom one was discovered at exit. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord sought $49.39 for the repair. This is accepted and awarded.
The amounts ordered are proved.

Tenancy Tribunal case 5452470 — Property damage at 34 Hewlett Road, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 5452470 — Property damage at 34 Hewlett Road, Massey, Auckland 0614

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