What was the outcome of Tenancy Tribunal case 4855362?

The tribunal order states: Jonelle Hine-Nui-Tepo Makoare-Piaggi must pay Kāinga Ora–Homes and

How much money was awarded in case 4855362?

Property Damage: $172.77 awarded to landlord; Rangehood Filter: $58.27 awarded to landlord; Rubbish Removal: $825.44 awarded to landlord

What type of tenancy dispute was case 4855362?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4855362?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10496967-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4855362?

The tribunal order states: Jonelle Hine-Nui-Tepo Makoare-Piaggi must pay Kāinga Ora–Homes and

How much money was awarded in case 4855362?

Property Damage: $172.77 awarded to landlord; Rangehood Filter: $58.27 awarded to landlord; Rubbish Removal: $825.44 awarded to landlord

What type of tenancy dispute was case 4855362?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4855362?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10496967-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 52 Ruawai Road, Mount Wellington, Auckland Tenancy Tribunal Case 4855362 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4855362 — net $1,056.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: Interior and Exterior	$825.44	Rubbish removal: Interior and Exterior
Rangehood filter	$58.27	Rangehood filter
Repairing walls and door	$172.77	Repairing walls and door
Net award	$1,056.48
Total payable by Tenant to Landlord	$1,056.48

Jonelle Hine-Nui-Tepo Makoare-Piaggi must pay Kāinga Ora–Homes and Communities $1,056.48 immediately, as calculated and shown in table below: DescriptionLandlord Rubbish removal: Interior and Exterior$825.44 Rangehood filter$58.27 Repairing walls and door$172.77 Total award$1,056.48 Total payable by Tenant to Landlord$1,056.48

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. The tenant has been served with the Notice of Hearing and so was aware of the hearing scheduled. Therefore, I am proceeding with the hearing in her absence.

The landlord has applied for compensation following the end of the tenancy on 2 February 2024.

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 remove all rubbish nor replace the rangehood filter at the end of the tenancy.

The landlord provided an exit report and photographs of the property at the end of the tenancy. The report and photographs show rubbish and possessions left through the house and an old washing machine, lawn mower and bike left outside the house. The photos also show a damaged filter in the rangehood that needed to be replaced.

The landlord also provided invoices for $825.44 for the cost of the rubbish removal.

The landlord advised the Tribunal that the filter in the rangehood was in poor condition and had not been replaced or cared for appropriately. The landlord provided an invoice for $58.27.

I am satisfied that the landlord has proven their claim for the rubbish removal and the replacement filter for the rangehood.

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: -Holes in the hallway door -Holes in the wall of the toilet, and ceiling.

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

The landlord has provided invoices for the cost of $172.77 for the repairs and photos to show the damage.

The amounts ordered are proved.

Claims and awards in Tenancy Tribunal application 4855362 — net $1,056.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: Interior and Exterior	$825.44	Rubbish removal: Interior and Exterior
Rangehood filter	$58.27	Rangehood filter
Repairing walls and door	$172.77	Repairing walls and door
Net award	$1,056.48
Total payable by Tenant to Landlord	$1,056.48

Order

Jonelle Hine-Nui-Tepo Makoare-Piaggi must pay Kāinga Ora–Homes and Communities $1,056.48 immediately, as calculated and shown in table below: DescriptionLandlord Rubbish removal: Interior and Exterior$825.44 Rangehood filter$58.27 Repairing walls and door$172.77 Total award$1,056.48 Total payable by Tenant to Landlord$1,056.48

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. The tenant has been served with the Notice of Hearing and so was aware of the hearing scheduled. Therefore, I am proceeding with the hearing in her absence.
The landlord has applied for compensation following the end of the tenancy on 2 February 2024.

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 remove all rubbish nor replace the rangehood filter at the end of the tenancy.
The landlord provided an exit report and photographs of the property at the end of the tenancy. The report and photographs show rubbish and possessions left through the house and an old washing machine, lawn mower and bike left outside the house. The photos also show a damaged filter in the rangehood that needed to be replaced.
The landlord also provided invoices for $825.44 for the cost of the rubbish removal.
The landlord advised the Tribunal that the filter in the rangehood was in poor condition and had not been replaced or cared for appropriately. The landlord provided an invoice for $58.27.
I am satisfied that the landlord has proven their claim for the rubbish removal and the replacement filter for the rangehood.

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: -Holes in the hallway door -Holes in the wall of the toilet, and ceiling.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has provided invoices for the cost of $172.77 for the repairs and photos to show the damage.
The amounts ordered are proved.

Tenancy Tribunal case 4855362 — Property damage at Unit/Flat 4, 52 Ruawai Road, Mount Wellington, Auckland

At a glance

Tenancy Tribunal case 4855362 — Property damage at Unit/Flat 4, 52 Ruawai Road, Mount Wellington, Auckland

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