What was Tenancy Tribunal case 5454168 about?

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

How much money was awarded in case 5454168?

Lawns and Garden Work: $600.00 awarded to landlord; Property Damage: $402.36 awarded to landlord; Rent Credit: $275.00 awarded to tenant; Rubbish Removal: $691.26 awarded to landlord

What type of tenancy dispute was case 5454168?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5454168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13834881-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5454168 about?

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

How much money was awarded in case 5454168?

Lawns and Garden Work: $600.00 awarded to landlord; Property Damage: $402.36 awarded to landlord; Rent Credit: $275.00 awarded to tenant; Rubbish Removal: $691.26 awarded to landlord

What type of tenancy dispute was case 5454168?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5454168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13834881-Tenancy_Tribunal_Order.pdf.

14 Hinemoa Street, Levin, Levin 5510 Tenancy Tribunal Case 5454168 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5454168 — net $1,418.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal	$691.26		Rubbish removal
Window repairs	$402.36		Window repairs
Lawns and Garden work: Slash long grass, remove and mow	$600.00		Lawns and Garden work: Slash long grass, remove and mow
Rent credit		$275.00	Rent credit
Total award	$1,693.62	$275.00
Net award	$1,418.62
Total payable by Tenant to Landlord	$1,418.62

The landlord attended the remote hearing.

The tenant did not attend the hearing by Teams video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.

The landlord has applied for compensation following the end of the tenancy.

The tenant had a rent credit of $275.00 at the end of the tenancy. I have included that credit in the calculation of the debt.

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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The claim for cleaning was withdrawn by the landlord.

The tenant did not remove all rubbish. Photos were provided by the landlord of the interior and exterior of the premises. The landlord says that 4.5 cubic metres of rubbish was removed at a cost of $691.26. The claim is reasonable and proven.

The landlord was required to slash the long grass at the rear of the premises prior to mowing and remove the cut grass. The landlord provided photos of the grass and seeks compensation of $1,138.30. I am not satisfied that the claim for compensation is reasonable given the photographic evidence. Having reviewed the evidence, I consider compensation of $600.00 to be reasonable.

The amounts ordered are proven.

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 occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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.

A window was broken during the tenancy. Photos were provided in support of the claim and the landlord seeks compensation of $402.36.The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proven.

Claims and awards in Tenancy Tribunal application 5454168 — net $1,418.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal	$691.26		Rubbish removal
Window repairs	$402.36		Window repairs
Lawns and Garden work: Slash long grass, remove and mow	$600.00		Lawns and Garden work: Slash long grass, remove and mow
Rent credit		$275.00	Rent credit
Total award	$1,693.62	$275.00
Net award	$1,418.62
Total payable by Tenant to Landlord	$1,418.62

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $1,418.62 immediately, calculated as shown in table below.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing by Teams video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
The landlord has applied for compensation following the end of the tenancy.
The tenant had a rent credit of $275.00 at the end of the tenancy. I have included that credit in the calculation of the debt.

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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The claim for cleaning was withdrawn by the landlord.
The tenant did not remove all rubbish. Photos were provided by the landlord of the interior and exterior of the premises. The landlord says that 4.5 cubic metres of rubbish was removed at a cost of $691.26. The claim is reasonable and proven.
The landlord was required to slash the long grass at the rear of the premises prior to mowing and remove the cut grass. The landlord provided photos of the grass and seeks compensation of $1,138.30. I am not satisfied that the claim for compensation is reasonable given the photographic evidence. Having reviewed the evidence, I consider compensation of $600.00 to be reasonable.
The amounts ordered are proven.

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 occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
A window was broken during the tenancy. Photos were provided in support of the claim and the landlord seeks compensation of $402.36.The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.

Tenancy Tribunal case 5454168 — Property damage at 14 Hinemoa Street, Levin, Levin 5510

At a glance

Tenancy Tribunal case 5454168 — Property damage at 14 Hinemoa Street, Levin, Levin 5510

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