What was the outcome of Tenancy Tribunal case 4974696?

The tribunal order states: Reremoana Awa must pay Tauranga Community Housing Trust $5,025.24

How much money was awarded in case 4974696?

Cleaning: $1,483.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $80.01 awarded to landlord; Walls and Doors: $879.84 awarded to landlord; Rubbish Removal: $2,326.60 awarded to landlord; Property Damage: $228.29 awarded to landlord

What type of tenancy dispute was case 4974696?

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

Where can I read the official tribunal order for case 4974696?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11035831-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4974696?

The tribunal order states: Reremoana Awa must pay Tauranga Community Housing Trust $5,025.24

How much money was awarded in case 4974696?

Cleaning: $1,483.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $80.01 awarded to landlord; Walls and Doors: $879.84 awarded to landlord; Rubbish Removal: $2,326.60 awarded to landlord; Property Damage: $228.29 awarded to landlord

What type of tenancy dispute was case 4974696?

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

Where can I read the official tribunal order for case 4974696?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11035831-Tenancy_Tribunal_Order.pdf.

116 Kingswood Road, Brookfield, Tauranga 3110 Tenancy Tribunal Case 4974696 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4974696 — net $5,025.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$2,326.60	Rubbish removal
Cleaning: including carpets and oven and stove	$1,483.50	Cleaning: including carpets and oven and stove
Repairs: to walls and doors	$879.84	Repairs: to walls and doors
Window repairs: front door glass	$228.29	Window repairs: front door glass
Electrical fittings replacement/repair	$80.01	Electrical fittings replacement/repair
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,025.24
Total payable by Tenant to Landlord	$5,025.24

Only the applicant landlord attended the hearing. The tenant could not be contacted on either telephone number provided for her. The hearing proceeded in her absence.

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

How much is owed for rent?

The tenancy ended on 4 July 2024. The rent arrears have been awarded in a separate Tribunal order and incorporation is not sought.

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 leave the premises reasonably clean and tidy and did not remove extensive rubbish, 2 skip bins were required. The landlord has provided some cleaning, so the amount ordered is only to restore the property to a reasonably clean and tidy condition.

The tenant did not return the keys, but no claim was made for replacing the locks and keys.

The landlord had to replace light bulbs.

The amounts ordered are proved.

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 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: the glass in the front door was smashed and several walls and doors required repair. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have not taken into account betterment and depreciation. The landlord has claimed only for the cost incurred to repair damaged surfaces and replace handles.

The application is successful so the tenant is to pay the filing fee.

Claims and awards in Tenancy Tribunal application 4974696 — net $5,025.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$2,326.60	Rubbish removal
Cleaning: including carpets and oven and stove	$1,483.50	Cleaning: including carpets and oven and stove
Repairs: to walls and doors	$879.84	Repairs: to walls and doors
Window repairs: front door glass	$228.29	Window repairs: front door glass
Electrical fittings replacement/repair	$80.01	Electrical fittings replacement/repair
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,025.24
Total payable by Tenant to Landlord	$5,025.24

Order

Reremoana Awa must pay Tauranga Community Housing Trust $5,025.24 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing. The tenant could not be contacted on either telephone number provided for her. The hearing proceeded in her absence.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 4 July 2024. The rent arrears have been awarded in a separate Tribunal order and incorporation is not sought.

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 leave the premises reasonably clean and tidy and did not remove extensive rubbish, 2 skip bins were required. The landlord has provided some cleaning, so the amount ordered is only to restore the property to a reasonably clean and tidy condition.
The tenant did not return the keys, but no claim was made for replacing the locks and keys.
The landlord had to replace light bulbs.
The amounts ordered are proved.

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 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: the glass in the front door was smashed and several walls and doors required repair. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The landlord has claimed only for the cost incurred to repair damaged surfaces and replace handles.
The application is successful so the tenant is to pay the filing fee.

Tenancy Tribunal case 4974696 — Cleanliness at 116 Kingswood Road, Brookfield, Tauranga 3110

At a glance

Tenancy Tribunal case 4974696 — Cleanliness at 116 Kingswood Road, Brookfield, Tauranga 3110

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

Property management

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

Property management

Frequently asked questions