What was the outcome of Tenancy Tribunal case 4725670?

The tribunal order states: Dalton Rodden Lord must pay Kāinga Ora–Homes And Communities $4,506.61

How much money was awarded in case 4725670?

Cleaning: $651.16 awarded to landlord; Doors: $142.89 awarded to landlord; Rubbish Removal: $3,712.56 awarded to landlord

What type of tenancy dispute was case 4725670?

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

Where can I read the official tribunal order for case 4725670?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10022026-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4725670?

The tribunal order states: Dalton Rodden Lord must pay Kāinga Ora–Homes And Communities $4,506.61

How much money was awarded in case 4725670?

Cleaning: $651.16 awarded to landlord; Doors: $142.89 awarded to landlord; Rubbish Removal: $3,712.56 awarded to landlord

What type of tenancy dispute was case 4725670?

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

Where can I read the official tribunal order for case 4725670?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10022026-Tenancy_Tribunal_Order.pdf.

49G Taka Street, Takanini, Takanini 2112 Tenancy Tribunal Case 4725670 — Cleanliness

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49G Taka Street, Takanini, Takanini 2112 Tenancy Tribunal Case 4725670 — Cleanliness | 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 4725670 — net $4,506.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$651.16	Cleaning
Rubbish removal	$3,712.56	Rubbish removal
Repairs: Doors	$142.89	Repairs: Doors
Net award	$4,506.61
Total payable by Tenant to Landlord	$4,506.61

Claims and awards for application 4725670 — net $4,506.61 NZD. Verify on MoJ.

Cleaning

Amount: $651.16
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $3,712.56
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Doors

Amount: $142.89
Awarded to: Landlord
Reason: Repairs: Doors

Net award

Landlord $4,506.61

Total payable by Tenant to Landlord

Landlord $4,506.61

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

Dalton Rodden Lord must pay Kāinga Ora–Homes And Communities $4,506.61 immediately, calculated as shown in table below.

Reasons

Ms Perese attended for the landlord. The tenant did not attend.
The landlord has applied for compensation for cleaning, rubbish removal, damage to a wardrobe door and damage to a wall following the end of the tenancy.
At today’s hearing the landlord withdrew their claim for damage to the wall.
The tenancy ended on the 11 September 2023 after the tenant gave notice to end the tenancy. The property was inspected and photographed the same day.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish.
There was considerable rubbish both left inside and outside the property.
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 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. 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 landlord claimed that there was a hole in the wardrobe door that needed repair and the door rehung. The landlord provided photographs of the inspections taken at the beginning of the tenancy and the end of the tenancy. The door was not damaged at the beginning of the tenancy, but there is a hole in it at the end of the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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 4725670 — net $4,506.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$651.16	Cleaning
Rubbish removal	$3,712.56	Rubbish removal
Repairs: Doors	$142.89	Repairs: Doors
Net award	$4,506.61
Total payable by Tenant to Landlord	$4,506.61

Claims and awards for application 4725670 — net $4,506.61 NZD. Verify on MoJ.

Cleaning

Amount: $651.16
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $3,712.56
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Doors

Amount: $142.89
Awarded to: Landlord
Reason: Repairs: Doors

Net award

Landlord $4,506.61

Total payable by Tenant to Landlord

Landlord $4,506.61

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

Dalton Rodden Lord must pay Kāinga Ora–Homes And Communities $4,506.61 immediately, calculated as shown in table below.

Reasons

Ms Perese attended for the landlord. The tenant did not attend.
The landlord has applied for compensation for cleaning, rubbish removal, damage to a wardrobe door and damage to a wall following the end of the tenancy.
At today’s hearing the landlord withdrew their claim for damage to the wall.
The tenancy ended on the 11 September 2023 after the tenant gave notice to end the tenancy. The property was inspected and photographed the same day.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish.
There was considerable rubbish both left inside and outside the property.
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 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. 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 landlord claimed that there was a hole in the wardrobe door that needed repair and the door rehung. The landlord provided photographs of the inspections taken at the beginning of the tenancy and the end of the tenancy. The door was not damaged at the beginning of the tenancy, but there is a hole in it at the end of the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 4725670 — Cleanliness at 49G Taka Street, Takanini, Takanini 2112

At a glance

Tenancy Tribunal case 4725670 — Cleanliness at 49G Taka Street, Takanini, Takanini 2112

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