What was the outcome of Tenancy Tribunal case 4917662?

The tribunal order states: La'Aina Hakausiu Folau must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 4917662?

Cleaning: $651.16 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $800.00 awarded to landlord; Property Damage: $792.27 awarded to landlord; Rubbish Removal: $4,109.88 awarded to landlord

What type of tenancy dispute was case 4917662?

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

Where can I read the official tribunal order for case 4917662?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10829669-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4917662?

The tribunal order states: La'Aina Hakausiu Folau must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 4917662?

Cleaning: $651.16 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $800.00 awarded to landlord; Property Damage: $792.27 awarded to landlord; Rubbish Removal: $4,109.88 awarded to landlord

What type of tenancy dispute was case 4917662?

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

Where can I read the official tribunal order for case 4917662?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10829669-Tenancy_Tribunal_Order.pdf.

48 Dagenham Street, Manurewa, Auckland 2102 Tenancy Tribunal Case 4917662 — Property damage

Claims and awards in Tenancy Tribunal application 4917662 — net $6,373.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$4,109.88	Rubbish removal
Cleaning	$651.16	Cleaning
Lawns and Garden work	$800.00	Lawns and Garden work
Repairs	$792.27	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,373.75
Total payable by Tenant to Landlord	$6,373.75

Order

La'Aina Hakausiu Folau must pay Kāinga Ora–Homes And Communities $6,373.75 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 9 September 2024. The tenant did not.
The landlord has applied for compensation and reimbursement of the filing fee following 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 landlord provided photographs of the property taken at the beginning and end of the tenancy. These photographs confirm 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 state. There was no furniture in the property and the cupboards were empty. The lawns were also trimmed. In contrast, the photographs taken at the end of the tenancy show the property with personal belongings, furniture, miscellaneous household items and general rubbish left inside and outside the dwelling. The lawns were also significantly overgrown.
The landlord sought compensation as follows: a. Rubbish removal (internal): $3,675.51 b. Rubbish removal (external): $434.37 c. Lawns: $800.00 d. Clean whole house: $651.16 e. Clean kitchen cupboards: $98.00
The total amount of compensation sought was $5,659.04.
The landlord withdrew their claim for compensation of $155.91 for cleaning the stove at the hearing.
The landlord’s application for compensation included a work order, which referenced photographs taken at the end of the tenancy as an index for the work undertaken. The photographs referenced for cleaning the whole house were “1 – 106”. The photographs referenced for rubbish removal (internal) were “1 – 106.” The photographs referenced for cleaning kitchen cupboards were “12 – 18”. The kitchen cupboards had general household items in them. I consider that the work undertaken for rubbish removal (internal) would have included removing these items. I also consider that the work undertaken for cleaning the whole house would have included cleaning the kitchen cupboards. This is supported by the fact that the photographs used to reference rubbish removal (internal) and cleaning the whole house, included photographs of the kitchen cupboards. Therefore, I dismiss the landlord’s claim for compensation for cleaning kitchen cupboards.
The landlord’s claim for compensation for all other cleaning, rubbish removal and lawnmowing is granted for an adjusted amount of $5,561.04.

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 photographs of the property taken at the beginning of the tenancy do not show any damage to the property. In contrast, the photographs of the property taken at the end of the tenancy show holes in various walls and damage to a bedroom doorframe. Based on these photographs, I find that the following damage was caused during the tenancy: a. Hole in the wall of bedroom 1: $62.87 b. Broken window in bedroom 1: $326.93 c. Three holes in the wall of bedroom 2: $188.61 d. Damaged doorframe in bedroom 3: $25.25 e. Hole in the wall of the entry/hallway: $62.87 f. Hole in the wall of toilet 1: $62.87 g. Hole in the wall of toilet 2: $62.87
At the hearing, the landlord withdrew their application for compensation of $88.15 for repairing the door of bedroom 3.
The total amount of compensation sought for damage repairs was $792.27. The landlord’s application for compensation for this amount 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.
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 4917662 — net $6,373.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$4,109.88	Rubbish removal
Cleaning	$651.16	Cleaning
Lawns and Garden work	$800.00	Lawns and Garden work
Repairs	$792.27	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,373.75
Total payable by Tenant to Landlord	$6,373.75

Order

La'Aina Hakausiu Folau must pay Kāinga Ora–Homes And Communities $6,373.75 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 9 September 2024. The tenant did not.
The landlord has applied for compensation and reimbursement of the filing fee following 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 landlord provided photographs of the property taken at the beginning and end of the tenancy. These photographs confirm 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 state. There was no furniture in the property and the cupboards were empty. The lawns were also trimmed. In contrast, the photographs taken at the end of the tenancy show the property with personal belongings, furniture, miscellaneous household items and general rubbish left inside and outside the dwelling. The lawns were also significantly overgrown.
The landlord sought compensation as follows: a. Rubbish removal (internal): $3,675.51 b. Rubbish removal (external): $434.37 c. Lawns: $800.00 d. Clean whole house: $651.16 e. Clean kitchen cupboards: $98.00
The total amount of compensation sought was $5,659.04.
The landlord withdrew their claim for compensation of $155.91 for cleaning the stove at the hearing.
The landlord’s application for compensation included a work order, which referenced photographs taken at the end of the tenancy as an index for the work undertaken. The photographs referenced for cleaning the whole house were “1 – 106”. The photographs referenced for rubbish removal (internal) were “1 – 106.” The photographs referenced for cleaning kitchen cupboards were “12 – 18”. The kitchen cupboards had general household items in them. I consider that the work undertaken for rubbish removal (internal) would have included removing these items. I also consider that the work undertaken for cleaning the whole house would have included cleaning the kitchen cupboards. This is supported by the fact that the photographs used to reference rubbish removal (internal) and cleaning the whole house, included photographs of the kitchen cupboards. Therefore, I dismiss the landlord’s claim for compensation for cleaning kitchen cupboards.
The landlord’s claim for compensation for all other cleaning, rubbish removal and lawnmowing is granted for an adjusted amount of $5,561.04.

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 photographs of the property taken at the beginning of the tenancy do not show any damage to the property. In contrast, the photographs of the property taken at the end of the tenancy show holes in various walls and damage to a bedroom doorframe. Based on these photographs, I find that the following damage was caused during the tenancy: a. Hole in the wall of bedroom 1: $62.87 b. Broken window in bedroom 1: $326.93 c. Three holes in the wall of bedroom 2: $188.61 d. Damaged doorframe in bedroom 3: $25.25 e. Hole in the wall of the entry/hallway: $62.87 f. Hole in the wall of toilet 1: $62.87 g. Hole in the wall of toilet 2: $62.87
At the hearing, the landlord withdrew their application for compensation of $88.15 for repairing the door of bedroom 3.
The total amount of compensation sought for damage repairs was $792.27. The landlord’s application for compensation for this amount 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.
Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4917662 — Property damage at 48 Dagenham Street, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4917662 — Property damage at 48 Dagenham Street, Manurewa, Auckland 2102

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