What was Tenancy Tribunal case 5455828 about?

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

How much money was awarded in case 5455828?

Lawns and Garden Work: $385.00 awarded to landlord; To Walls: $216.67 awarded to landlord; Rubbish Removal: $895.00 awarded to landlord

What type of tenancy dispute was case 5455828?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5455828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13846056-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5455828 about?

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

How much money was awarded in case 5455828?

Lawns and Garden Work: $385.00 awarded to landlord; To Walls: $216.67 awarded to landlord; Rubbish Removal: $895.00 awarded to landlord

What type of tenancy dispute was case 5455828?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5455828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13846056-Tenancy_Tribunal_Order.pdf.

22 Oakley Avenue, Waterview, Auckland 1026 Tenancy Tribunal Case 5455828 — Property damage

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22 Oakley Avenue, Waterview, Auckland 1026 Tenancy Tribunal Case 5455828 — 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 5455828 — net $1,496.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: to walls	$216.67	Repairs: to walls
Rubbish removal: including removal of fixtures and tyres	$895.00	Rubbish removal: including removal of fixtures and tyres
Lawns and Garden work	$385.00	Lawns and Garden work
Net award	$1,496.67
Total payable by Tenant to Landlord	$1,496.67

Claims and awards for application 5455828 — net $1,496.67 NZD. Verify on MoJ.

Repairs: to walls

Amount: $216.67
Awarded to: Landlord
Reason: Repairs: to walls

Rubbish removal: including removal of fixtures and tyres

Amount: $895.00
Awarded to: Landlord
Reason: Rubbish removal: including removal of fixtures and tyres

Lawns and Garden work

Amount: $385.00
Awarded to: Landlord
Reason: Lawns and Garden work

Net award

Landlord $1,496.67

Total payable by Tenant to Landlord

Landlord $1,496.67

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 $1,496.67 immediately, calculated as shown in table below.

Reasons

Only the applicant attended the hearing.
The landlord has applied for compensation 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, See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant left the lawns and gardens/section in a very overgrown state and did not remove all rubbish, including fixtures and tyres.
The amounts awarded are reduced to reflect a landlord’s obligation to mitigate costs as set out in s 49 RTA.
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: several wall surfaces required repair. 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 not taken into account betterment and depreciation. The landlord has claimed only actual costs to repair the damaged surfaces.

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 5455828 — net $1,496.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: to walls	$216.67	Repairs: to walls
Rubbish removal: including removal of fixtures and tyres	$895.00	Rubbish removal: including removal of fixtures and tyres
Lawns and Garden work	$385.00	Lawns and Garden work
Net award	$1,496.67
Total payable by Tenant to Landlord	$1,496.67

Claims and awards for application 5455828 — net $1,496.67 NZD. Verify on MoJ.

Repairs: to walls

Amount: $216.67
Awarded to: Landlord
Reason: Repairs: to walls

Rubbish removal: including removal of fixtures and tyres

Amount: $895.00
Awarded to: Landlord
Reason: Rubbish removal: including removal of fixtures and tyres

Lawns and Garden work

Amount: $385.00
Awarded to: Landlord
Reason: Lawns and Garden work

Net award

Landlord $1,496.67

Total payable by Tenant to Landlord

Landlord $1,496.67

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 $1,496.67 immediately, calculated as shown in table below.

Reasons

Only the applicant attended the hearing.
The landlord has applied for compensation 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, See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant left the lawns and gardens/section in a very overgrown state and did not remove all rubbish, including fixtures and tyres.
The amounts awarded are reduced to reflect a landlord’s obligation to mitigate costs as set out in s 49 RTA.
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: several wall surfaces required repair. 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 not taken into account betterment and depreciation. The landlord has claimed only actual costs to repair the damaged surfaces.

Tenancy Tribunal case 5455828 — Property damage at 22 Oakley Avenue, Waterview, Auckland 1026

At a glance

Tenancy Tribunal case 5455828 — Property damage at 22 Oakley Avenue, Waterview, Auckland 1026

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