What was the outcome of Tenancy Tribunal case 4892560?

The tribunal order states: Jane Iupati must pay Kāinga Ora–Homes and Communities 03 immediately,

How much money was awarded in case 4892560?

Cleaning: $100.00 awarded to landlord; Patching Holes In Walls In Bedrooms…: $377.22 awarded to landlord; Property Damage: $116.96 awarded to landlord; Rent Arrears: $496.85 awarded to landlord

What type of tenancy dispute was case 4892560?

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

Where can I read the official tribunal order for case 4892560?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10914592-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4892560?

The tribunal order states: Jane Iupati must pay Kāinga Ora–Homes and Communities 03 immediately,

How much money was awarded in case 4892560?

Cleaning: $100.00 awarded to landlord; Patching Holes In Walls In Bedrooms…: $377.22 awarded to landlord; Property Damage: $116.96 awarded to landlord; Rent Arrears: $496.85 awarded to landlord

What type of tenancy dispute was case 4892560?

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

Where can I read the official tribunal order for case 4892560?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10914592-Tenancy_Tribunal_Order.pdf.

20A O'Connor Street, Otara, Auckland 2023 Tenancy Tribunal Case 4892560 — Rent arrears

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20A O'Connor Street, Otara, Auckland 2023 Tenancy Tribunal Case 4892560 — Rent arrears | 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 4892560 — net $1,091.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 April 2024	$496.85	Rent arrears to 2 April 2024
Patching holes in walls in bedrooms 1, 2 & 3, dining room, lounge and hallway	$377.22	Patching holes in walls in bedrooms 1, 2 & 3, dining room, lounge and hallway
Window repairs to window in kitchen	$116.96	Window repairs to window in kitchen
Cleaning	$100.00	Cleaning
Net award	$1,091.03
Total payable by Tenant to Landlord	$1,091.03

Claims and awards for application 4892560 — net $1,091.03 NZD. Verify on MoJ.

Rent arrears to 2 April 2024

Amount: $496.85
Awarded to: Landlord
Reason: Rent arrears to 2 April 2024

Patching holes in walls in bedrooms 1, 2 & 3, dining room, lounge and hallway

Amount: $377.22
Awarded to: Landlord
Reason: Patching holes in walls in bedrooms 1, 2 & 3, dining room, lounge and hallway

Window repairs to window in kitchen

Amount: $116.96
Awarded to: Landlord
Reason: Window repairs to window in kitchen

Cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Cleaning

Net award

Landlord $1,091.03

Total payable by Tenant to Landlord

Landlord $1,091.03

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears

Order

Jane Iupati must pay Kāinga Ora–Homes and Communities 03 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing, represented by Ms Maturan-Abuid. There was no appearance by the tenant. I am satisfied that the tenant has been served with the landlord’s application in accordance with the provisions of the Residential Tenancies Act 1986 (“RTA”) and proceeded in the tenant’s absence.
This was a very long term tenancy of nearly ten years, commencing on 17 November 2015 and ending on 2 April 2024.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 2 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy to be $496.85.
This claim is proved.

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) RTA.
The landlord says that the tenant did not leave the property reasonably clean and tidy and sought the following itemised amounts for cleaning: a. Clean whole house $651.16 b. Rangehood cleaning/maintenance $49.93 c. Clean kitchen cupboards.
The landlord produced a pre-let property condition report from the start of the tenancy which recorded the condition of the property by checklist/comment but did not include photos. It records that the property is newly painted in the kitchen, dining and lounge, and that there are marks on the hallway and lounge carpet. There were no photos attached.
The vacated inspection report shows the property to be in a very tired condition which is unsurprising following a tenancy of this length. There photos show marks on the walls, that the cupboards are not perfectly clean and wiped down and the oven, stove and bath need further cleaning. In my view the portion of the invoices to get the property into a “reasonably clean and tidy” condition, given the age of the property and need for renovation, is $100.00 and I compensation to the landlord in that amount.

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.
The following damage was caused during the tenancy: a. Holes in the walls in bedrooms 1, 2, 3, dining room, lounge and hallway; and b. The window was broken in the hallway.
The landlord provided photos of the damage together with the written pre-let report recording the condition at the start of the tenancy. I am satisfied that the damage occurred during the tenancy.
The landlord has provided an invoice for $377.22 for patching the holes. I consider this is reasonable and order that amount. No depreciation is required as the landlord has only charged the tenant for patching the holes and not for painting.
The landlord has provided an invoice for $116.96 for glazing the broken kitchen window. No depreciation is required as windows usually last a very long time.
The amounts claimed for damage are reasonable and I order compensation to the landlord for the amounts sought.
The landlord did not seek orders for the refund of the filing fee or for name suppression.

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 4892560 — net $1,091.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 April 2024	$496.85	Rent arrears to 2 April 2024
Patching holes in walls in bedrooms 1, 2 & 3, dining room, lounge and hallway	$377.22	Patching holes in walls in bedrooms 1, 2 & 3, dining room, lounge and hallway
Window repairs to window in kitchen	$116.96	Window repairs to window in kitchen
Cleaning	$100.00	Cleaning
Net award	$1,091.03
Total payable by Tenant to Landlord	$1,091.03

Claims and awards for application 4892560 — net $1,091.03 NZD. Verify on MoJ.

Rent arrears to 2 April 2024

Amount: $496.85
Awarded to: Landlord
Reason: Rent arrears to 2 April 2024

Patching holes in walls in bedrooms 1, 2 & 3, dining room, lounge and hallway

Amount: $377.22
Awarded to: Landlord
Reason: Patching holes in walls in bedrooms 1, 2 & 3, dining room, lounge and hallway

Window repairs to window in kitchen

Amount: $116.96
Awarded to: Landlord
Reason: Window repairs to window in kitchen

Cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Cleaning

Net award

Landlord $1,091.03

Total payable by Tenant to Landlord

Landlord $1,091.03

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears

Order

Jane Iupati must pay Kāinga Ora–Homes and Communities 03 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing, represented by Ms Maturan-Abuid. There was no appearance by the tenant. I am satisfied that the tenant has been served with the landlord’s application in accordance with the provisions of the Residential Tenancies Act 1986 (“RTA”) and proceeded in the tenant’s absence.
This was a very long term tenancy of nearly ten years, commencing on 17 November 2015 and ending on 2 April 2024.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 2 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy to be $496.85.
This claim is proved.

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) RTA.
The landlord says that the tenant did not leave the property reasonably clean and tidy and sought the following itemised amounts for cleaning: a. Clean whole house $651.16 b. Rangehood cleaning/maintenance $49.93 c. Clean kitchen cupboards.
The landlord produced a pre-let property condition report from the start of the tenancy which recorded the condition of the property by checklist/comment but did not include photos. It records that the property is newly painted in the kitchen, dining and lounge, and that there are marks on the hallway and lounge carpet. There were no photos attached.
The vacated inspection report shows the property to be in a very tired condition which is unsurprising following a tenancy of this length. There photos show marks on the walls, that the cupboards are not perfectly clean and wiped down and the oven, stove and bath need further cleaning. In my view the portion of the invoices to get the property into a “reasonably clean and tidy” condition, given the age of the property and need for renovation, is $100.00 and I compensation to the landlord in that amount.

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.
The following damage was caused during the tenancy: a. Holes in the walls in bedrooms 1, 2, 3, dining room, lounge and hallway; and b. The window was broken in the hallway.
The landlord provided photos of the damage together with the written pre-let report recording the condition at the start of the tenancy. I am satisfied that the damage occurred during the tenancy.
The landlord has provided an invoice for $377.22 for patching the holes. I consider this is reasonable and order that amount. No depreciation is required as the landlord has only charged the tenant for patching the holes and not for painting.
The landlord has provided an invoice for $116.96 for glazing the broken kitchen window. No depreciation is required as windows usually last a very long time.
The amounts claimed for damage are reasonable and I order compensation to the landlord for the amounts sought.
The landlord did not seek orders for the refund of the filing fee or for name suppression.

Tenancy Tribunal case 4892560 — Rent arrears at 20A O'Connor Street, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4892560 — Rent arrears at 20A O'Connor Street, 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