What was the outcome of Tenancy Tribunal case 4964134?

The tribunal order states: Gemini Ann Marino must pay Kāinga Ora–Homes And Communities $1,303.16

How much money was awarded in case 4964134?

Cleaning: $455.85 awarded to landlord; Cleaning: $86.28 awarded to landlord; Cleaning: $81.23 awarded to landlord; Property Damage: $150.00 awarded to landlord; Rubbish Removal: $529.80 awarded to landlord

What type of tenancy dispute was case 4964134?

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

Where can I read the official tribunal order for case 4964134?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10977210-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4964134?

The tribunal order states: Gemini Ann Marino must pay Kāinga Ora–Homes And Communities $1,303.16

How much money was awarded in case 4964134?

Cleaning: $455.85 awarded to landlord; Cleaning: $86.28 awarded to landlord; Cleaning: $81.23 awarded to landlord; Property Damage: $150.00 awarded to landlord; Rubbish Removal: $529.80 awarded to landlord

What type of tenancy dispute was case 4964134?

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

Where can I read the official tribunal order for case 4964134?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10977210-Tenancy_Tribunal_Order.pdf.

Unit/Flat 211, 139B Greys Avenue, Auckland Central, Tenancy Tribunal Case 4964134 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4964134 — net $1,303.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning – general	$455.85	Cleaning – general
Cleaning of white appliances	$86.28	Cleaning of white appliances
Cleaning of stove top	$81.23	Cleaning of stove top
Rubbish removal	$529.80	Rubbish removal
Swipe key replacement ( x 5	$150.00	Swipe key replacement ( x 5
Net award	$1,303.16
Total payable by Tenant to Landlord	$1,303.16

The landlord attended the hearing. The tenant did not attend the hearing. The tenant has not communicated with the Tribunal as to why she would not attend the hearing. The hearing proceeded in the tenant’s absence.

The landlord has applied for compensation following the end of the tenancy.

Did the tenant comply with her obligations at the end of the tenancy?

Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) provides that 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.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord seeks $455.85 (inclusive of GST) for general cleaning, $86.28 (inclusive of GST) to clean white appliances and $529.80 (inclusive of GST) to remove rubbish. These claims are supported by: a pre-inspection report with photographs showing the property was provided to the tenant in a clean and tidy condition; and a vacated report with photographs showing that the premises were not left reasonably clean and tidy and that significant cleaning and rubbish removal was required. These claims are proved, and the amount sought ordered.

The landlord also seeks $162.46 for a major clean of the stove. A post tenancy photograph has been provided showing the tenant left the stove top dirty. However, there is no photograph of the inside of the stove. I am not satisfied that the inside of the stove required cleaning or that the amount charged was reasonable for only cleaning the stove top. I award $81.23 (inclusive of GST) for this claim.

Is the tenant responsible for the damage to the premises?

Sections 40(2)(a), 41 and 49B of the RTA provide that 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.

Section 49B(3)(a) of the RTA provides that 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).

Section 49B(3)(b) of the RTA provides that 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).

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 an account statement showing that during the tenancy, the tenant lost 5 swipe cards. The landlord is seeking the replacement cost of cost of $30 (inclusive of GST) for each swipe card. The damage is more than fair wear and tear, and the tenant has not disproved liability for the loss. The amount claimed is below both the insurance excess and four weeks' rent (or market rent).

I order $150 (inclusive of GST) for the replacement swipe keys.

Claims and awards in Tenancy Tribunal application 4964134 — net $1,303.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning – general	$455.85	Cleaning – general
Cleaning of white appliances	$86.28	Cleaning of white appliances
Cleaning of stove top	$81.23	Cleaning of stove top
Rubbish removal	$529.80	Rubbish removal
Swipe key replacement ( x 5	$150.00	Swipe key replacement ( x 5
Net award	$1,303.16
Total payable by Tenant to Landlord	$1,303.16

Order

Gemini Ann Marino must pay Kāinga Ora–Homes And Communities $1,303.16 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. The tenant has not communicated with the Tribunal as to why she would not attend the hearing. The hearing proceeded in the tenant’s absence.
The landlord has applied for compensation following the end of the tenancy.

Did the tenant comply with her obligations at the end of the tenancy?

Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) provides that 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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord seeks $455.85 (inclusive of GST) for general cleaning, $86.28 (inclusive of GST) to clean white appliances and $529.80 (inclusive of GST) to remove rubbish. These claims are supported by: a pre-inspection report with photographs showing the property was provided to the tenant in a clean and tidy condition; and a vacated report with photographs showing that the premises were not left reasonably clean and tidy and that significant cleaning and rubbish removal was required. These claims are proved, and the amount sought ordered.
The landlord also seeks $162.46 for a major clean of the stove. A post tenancy photograph has been provided showing the tenant left the stove top dirty. However, there is no photograph of the inside of the stove. I am not satisfied that the inside of the stove required cleaning or that the amount charged was reasonable for only cleaning the stove top. I award $81.23 (inclusive of GST) for this claim.

Is the tenant responsible for the damage to the premises?

Sections 40(2)(a), 41 and 49B of the RTA provide that 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.
Section 49B(3)(a) of the RTA provides that 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).
Section 49B(3)(b) of the RTA provides that 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).
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 an account statement showing that during the tenancy, the tenant lost 5 swipe cards. The landlord is seeking the replacement cost of cost of $30 (inclusive of GST) for each swipe card. The damage is more than fair wear and tear, and the tenant has not disproved liability for the loss. The amount claimed is below both the insurance excess and four weeks' rent (or market rent).
I order $150 (inclusive of GST) for the replacement swipe keys.

Tenancy Tribunal case 4964134 — Cleanliness at Unit/Flat 211, 139B Greys Avenue, Auckland Central,

At a glance

Tenancy Tribunal case 4964134 — Cleanliness at Unit/Flat 211, 139B Greys Avenue, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with her 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 her 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