What was the outcome of Tenancy Tribunal case 4878703?

The tribunal order states: Veronika Talia must pay Kāinga Ora–Homes And Communities $9,468.26

How much money was awarded in case 4878703?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,961.98 awarded to landlord; Holes In Living Room Walls: $89.90 awarded to landlord; Rubbish Removal: $1,395.94 awarded to landlord

What type of tenancy dispute was case 4878703?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4878703?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10852264-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4878703?

The tribunal order states: Veronika Talia must pay Kāinga Ora–Homes And Communities $9,468.26

How much money was awarded in case 4878703?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,961.98 awarded to landlord; Holes In Living Room Walls: $89.90 awarded to landlord; Rubbish Removal: $1,395.94 awarded to landlord

What type of tenancy dispute was case 4878703?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4878703?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10852264-Tenancy_Tribunal_Order.pdf.

4 Moa Street, Belmont, Auckland 0622 Tenancy Tribunal Case 4878703 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4878703 — net $9,468.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 July 2023	$7,961.98	Rent arrears to 10 July 2023
Repairs: holes in living room walls	$89.90	Repairs: holes in living room walls
Rubbish removal	$1,395.94	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,468.26
Total payable by Tenant to Landlord	$9,468.26

The landlord attended the hearing. The tenant did not.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 10 July 2023. The landlord provided rent records, which prove the amount owing on this date, namely $7,961.98.

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 landlord provided photographs of the property taken at the beginning and end of the tenancy. These photographs prove that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The photographs taken at the beginning of the tenancy show the property in a clean and tidy condition. There is no furniture, household items or rubbish inside or outside the property. In contrast, the photographs taken at the end of the tenancy show the property in an untidy state. There are large furniture items (couch and single sofas), miscellaneous household items, rubbish and a damaged trampoline at the property.

The landlord’s claim for compensation of $1,395.94 for rubbish removal is granted.

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 landlord provided photographs of the property taken at the beginning of the tenancy. These photographs do not show any holes in the living room walls of the property. In contrast, the photographs taken at the end of the tenancy show three holes in the living room walls. Based on these photographs, I find that the following damage was caused during the tenancy: a. 3x holes in living room walls

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

The landlord’s claim for compensation of $89.90 to repair the holes in the dining room walls is granted.

I have taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee

Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4878703 — net $9,468.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 July 2023	$7,961.98	Rent arrears to 10 July 2023
Repairs: holes in living room walls	$89.90	Repairs: holes in living room walls
Rubbish removal	$1,395.94	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,468.26
Total payable by Tenant to Landlord	$9,468.26

Order

Veronika Talia must pay Kāinga Ora–Homes And Communities $9,468.26 immediately, as detailed in the table below.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 10 July 2023. The landlord provided rent records, which prove the amount owing on this date, namely $7,961.98.

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 landlord provided photographs of the property taken at the beginning and end of the tenancy. These photographs prove that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The photographs taken at the beginning of the tenancy show the property in a clean and tidy condition. There is no furniture, household items or rubbish inside or outside the property. In contrast, the photographs taken at the end of the tenancy show the property in an untidy state. There are large furniture items (couch and single sofas), miscellaneous household items, rubbish and a damaged trampoline at the property.
The landlord’s claim for compensation of $1,395.94 for rubbish removal is granted.

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 landlord provided photographs of the property taken at the beginning of the tenancy. These photographs do not show any holes in the living room walls of the property. In contrast, the photographs taken at the end of the tenancy show three holes in the living room walls. Based on these photographs, I find that the following damage was caused during the tenancy: a. 3x holes in living room walls
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord’s claim for compensation of $89.90 to repair the holes in the dining room walls is granted.
I have taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee
Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4878703 — Rent arrears at 4 Moa Street, Belmont, Auckland 0622

At a glance

Tenancy Tribunal case 4878703 — Rent arrears at 4 Moa Street, Belmont, Auckland 0622

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