What was the outcome of Tenancy Tribunal case 4692974?

The tribunal order states: Ana Latai Vailala Matakaiongo must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 4692974?

Rent Overpayment To 22/06/2023: $57.43 awarded to tenant; (Hole In Bedroom 1: $310.32 awarded to landlord; (Hole In Dining Room: $155.16 awarded to landlord; Rubbish Removal: $1,500.00 awarded to landlord

What type of tenancy dispute was case 4692974?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4692974?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9895196-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4692974?

The tribunal order states: Ana Latai Vailala Matakaiongo must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 4692974?

Rent Overpayment To 22/06/2023: $57.43 awarded to tenant; (Hole In Bedroom 1: $310.32 awarded to landlord; (Hole In Dining Room: $155.16 awarded to landlord; Rubbish Removal: $1,500.00 awarded to landlord

What type of tenancy dispute was case 4692974?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4692974?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9895196-Tenancy_Tribunal_Order.pdf.

17C Sandra Avenue, Otara, Auckland 2023 Tenancy Tribunal Case 4692974 — Property damage

Claims and awards in Tenancy Tribunal application 4692974 — net $1,908.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: (Hole in dining room	$155.16		Repairs: (Hole in dining room
Repairs: (Hole in bedroom 1	$310.32		Repairs: (Hole in bedroom 1
Rubbish removal: (External rubbish	$1,500.00		Rubbish removal: (External rubbish
Rent overpayment to 22/06/2023		$57.43	Rent overpayment to 22/06/2023
Total award	$1,965.48	$57.43
Net award	$1,908.05
Total payable by Tenant to Landlord	$1,908.05

Order

Ana Latai Vailala Matakaiongo must pay Kāinga Ora–Homes And Communities $1,908.05 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for compensation for general damages and refund of the bond following the end of the tenancy. Service of notice of hearing on tenant
The tenancy ended on `22 June 2023, after the tenant gave notice to end her tenancy for personal safety reasons.
The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 22 September 2023.
Section 91AA of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf.”
The landlord gave evidence that: a. It has a new address for the tenant at another Kāinga Ora–Homes And Communities property. The Tribunal has been provided evidence of the new tenancy agreement which contains updated contact details including three forms of address for service; b. There was no email address for service provided on the original tenancy agreement, but the new tenancy agreement contains an email address for service; c. There was no mobile phone number for service provided on the original tenancy agreement, but the new tenancy agreement contains mobile phone number that can be used as an address for service; d. The tenant has not provided the landlord with a solicitor or other agent of the tenant that she has duly authorised to receive service on her behalf; e. Tenancy Services sent the tenant a letter and text message on 28 November 2023 informing the tenant of the hearing date, time and location for today, as well as information provided to the Tribunal by Kāinga Ora– Homes And Communities in support of its claims for general damages and compensation for costs it has incurred as a result of the state the tenant left the premises when her tenancy ended.
I am satisfied that all reasonable efforts have been made to serve the notice or other document on the tenant in accordance with the RTA.

How much is owed for rent?

The tenancy ended on 22 June 2023. The landlord provided rent records which prove the tenant’s rent ledger was in credit by $57.43 at 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 tenant left significant amounts of rubbish outside of the house at the end of the tenancy.
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: a. 3 holes in dining room cabinetry/closet walls; and b. Multiple holes in the walls in bedroom 1.
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 considered betterment and depreciation. 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, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Claims and awards in Tenancy Tribunal application 4692974 — net $1,908.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: (Hole in dining room	$155.16		Repairs: (Hole in dining room
Repairs: (Hole in bedroom 1	$310.32		Repairs: (Hole in bedroom 1
Rubbish removal: (External rubbish	$1,500.00		Rubbish removal: (External rubbish
Rent overpayment to 22/06/2023		$57.43	Rent overpayment to 22/06/2023
Total award	$1,965.48	$57.43
Net award	$1,908.05
Total payable by Tenant to Landlord	$1,908.05

Order

Ana Latai Vailala Matakaiongo must pay Kāinga Ora–Homes And Communities $1,908.05 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for compensation for general damages and refund of the bond following the end of the tenancy. Service of notice of hearing on tenant
The tenancy ended on `22 June 2023, after the tenant gave notice to end her tenancy for personal safety reasons.
The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 22 September 2023.
Section 91AA of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf.”
The landlord gave evidence that: a. It has a new address for the tenant at another Kāinga Ora–Homes And Communities property. The Tribunal has been provided evidence of the new tenancy agreement which contains updated contact details including three forms of address for service; b. There was no email address for service provided on the original tenancy agreement, but the new tenancy agreement contains an email address for service; c. There was no mobile phone number for service provided on the original tenancy agreement, but the new tenancy agreement contains mobile phone number that can be used as an address for service; d. The tenant has not provided the landlord with a solicitor or other agent of the tenant that she has duly authorised to receive service on her behalf; e. Tenancy Services sent the tenant a letter and text message on 28 November 2023 informing the tenant of the hearing date, time and location for today, as well as information provided to the Tribunal by Kāinga Ora– Homes And Communities in support of its claims for general damages and compensation for costs it has incurred as a result of the state the tenant left the premises when her tenancy ended.
I am satisfied that all reasonable efforts have been made to serve the notice or other document on the tenant in accordance with the RTA.

How much is owed for rent?

The tenancy ended on 22 June 2023. The landlord provided rent records which prove the tenant’s rent ledger was in credit by $57.43 at 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 tenant left significant amounts of rubbish outside of the house at the end of the tenancy.
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: a. 3 holes in dining room cabinetry/closet walls; and b. Multiple holes in the walls in bedroom 1.
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 considered betterment and depreciation. 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, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 4692974 — Property damage at 17C Sandra Avenue, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4692974 — Property damage at 17C Sandra Avenue, Otara, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

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