What was the outcome of Tenancy Tribunal case 5454843?

The tribunal order states: Santana Temataara Tutahi must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5454843?

Cleaning: $465.35 awarded to landlord; Cleaning: $104.26 awarded to landlord; Cleaning: $48.45 awarded to landlord; Heat Pump Remote: $53.34 awarded to landlord; Rubbish Removal: $1,254.75 awarded to landlord; Property Damage: $72.54 awarded to landlord; Rehang Kitchen Door: $64.98 awarded to landlord; Patch Up Holes: $200.80 awarded to landlord; Rubbish Removal: $821.05 awarded to landlord

What type of tenancy dispute was case 5454843?

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

Where can I read the official tribunal order for case 5454843?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13712134-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5454843?

The tribunal order states: Santana Temataara Tutahi must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5454843?

Cleaning: $465.35 awarded to landlord; Cleaning: $104.26 awarded to landlord; Cleaning: $48.45 awarded to landlord; Heat Pump Remote: $53.34 awarded to landlord; Rubbish Removal: $1,254.75 awarded to landlord; Property Damage: $72.54 awarded to landlord; Rehang Kitchen Door: $64.98 awarded to landlord; Patch Up Holes: $200.80 awarded to landlord; Rubbish Removal: $821.05 awarded to landlord

What type of tenancy dispute was case 5454843?

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

Where can I read the official tribunal order for case 5454843?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13712134-Tenancy_Tribunal_Order.pdf.

4 Ti Kouka Lane, Manurewa, Auckland 2102 Tenancy Tribunal Case 5454843 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 5454843 — net $2,875.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Minus Rubbish removal: exterior	$1,254.75	Minus Rubbish removal: exterior
Cleaning	$465.35	Cleaning
Rubbish removal	$821.05	Rubbish removal
Cleaning kitchen cupboards	$104.26	Cleaning kitchen cupboards
Clean rangehood	$48.45	Clean rangehood
Rehang kitchen door	$64.98	Rehang kitchen door
Repairs: patch up holes	$200.80	Repairs: patch up holes
Heat pump remote	$53.34	Heat pump remote
Drawer repair	$72.54	Drawer repair
Net award	$2,875.52
Total payable by Tenant to Landlord	$2,875.52

Santana Temataara Tutahi must pay Kāinga Ora–Homes and Communities $2,875.52 immediately for the vacated costs, as calculated and shown in table below. DescriptionLandlordMinus Rubbish removal: exterior$1,254.75 Cleaning$465.35 Rubbish removal$821.05 Cleaning kitchen cupboards$104.26 Clean rangehood$48.45 Rehang kitchen door$64.98 Repairs: patch up holes$200.80 Heat pump remote$53.34 Drawer repair$72.54 Total award$3,085.52 Minus Bond-$210.00 Total payable by Tenant to Landlord$2,875.52

The Bond Centre is to pay the bond of $210.00 (6183015-009) to Kāinga Ora– Homes and Communities immediately.

Reasons

The landlord attended the hearing, the tenant did not attend the hearing.

The landlord has applied for compensation, refund of the bond 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 chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord provided to the Tribunal the pre let inspection report and detailed photographs and the exit inspection report and photos. The landlord also provided a detailed invoice for the repairs and associated vacated costs.

The report and photos show the property was not left reasonably clean and tidy, with an extensive array of discarded furniture, possessions and rubbish left throughout the exterior and interior of the property.

The heat pump remote was missing at the end of the tenancy, which the landlord had to replace.

The invoices provided are very reasonable and reflect solely the work needed to clean and remove rubbish to a reasonable standard. I am satisfied that the landlord has proven their claims for the cleaning, rubbish removal and heat pump replacement.

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 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.

The following damage was caused during the tenancy: -Damaged kitchen drawer and door. -Holes in the walls in bedroom 1 and 2 and the bathroom.

The landlord has provided the exit inspection to highlight the damage to the kitchen drawer and cupboard door, and the holes in the walls.

The invoice for the cost of the repairs is very reasonable.

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

I am satisfied the landlord has proven all their claims relating to the vacated cost for this tenancy.

The Bond centre is to refund the bond of $210.00 to the landlord to offset the debt owed by the tenant to the landlord.

Claims and awards in Tenancy Tribunal application 5454843 — net $2,875.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Minus Rubbish removal: exterior	$1,254.75	Minus Rubbish removal: exterior
Cleaning	$465.35	Cleaning
Rubbish removal	$821.05	Rubbish removal
Cleaning kitchen cupboards	$104.26	Cleaning kitchen cupboards
Clean rangehood	$48.45	Clean rangehood
Rehang kitchen door	$64.98	Rehang kitchen door
Repairs: patch up holes	$200.80	Repairs: patch up holes
Heat pump remote	$53.34	Heat pump remote
Drawer repair	$72.54	Drawer repair
Net award	$2,875.52
Total payable by Tenant to Landlord	$2,875.52

Order

Santana Temataara Tutahi must pay Kāinga Ora–Homes and Communities $2,875.52 immediately for the vacated costs, as calculated and shown in table below. DescriptionLandlordMinus Rubbish removal: exterior$1,254.75 Cleaning$465.35 Rubbish removal$821.05 Cleaning kitchen cupboards$104.26 Clean rangehood$48.45 Rehang kitchen door$64.98 Repairs: patch up holes$200.80 Heat pump remote$53.34 Drawer repair$72.54 Total award$3,085.52 Minus Bond-$210.00 Total payable by Tenant to Landlord$2,875.52
The Bond Centre is to pay the bond of $210.00 (6183015-009) to Kāinga Ora– Homes and Communities immediately.

Reasons

The landlord attended the hearing, the tenant did not attend the hearing.
The landlord has applied for compensation, refund of the bond 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 chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided to the Tribunal the pre let inspection report and detailed photographs and the exit inspection report and photos. The landlord also provided a detailed invoice for the repairs and associated vacated costs.
The report and photos show the property was not left reasonably clean and tidy, with an extensive array of discarded furniture, possessions and rubbish left throughout the exterior and interior of the property.
The heat pump remote was missing at the end of the tenancy, which the landlord had to replace.
The invoices provided are very reasonable and reflect solely the work needed to clean and remove rubbish to a reasonable standard. I am satisfied that the landlord has proven their claims for the cleaning, rubbish removal and heat pump replacement.
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 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.
The following damage was caused during the tenancy: -Damaged kitchen drawer and door. -Holes in the walls in bedroom 1 and 2 and the bathroom.
The landlord has provided the exit inspection to highlight the damage to the kitchen drawer and cupboard door, and the holes in the walls.
The invoice for the cost of the repairs is very reasonable.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I am satisfied the landlord has proven all their claims relating to the vacated cost for this tenancy.
The Bond centre is to refund the bond of $210.00 to the landlord to offset the debt owed by the tenant to the landlord.

Tenancy Tribunal case 5454843 — Cleanliness at 4 Ti Kouka Lane, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5454843 — Cleanliness at 4 Ti Kouka Lane, 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?

Is the tenant responsible for the damage to the premises?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions