What was the outcome of Tenancy Tribunal case 5027569?

The tribunal order states: Gary Wayne Campbell must pay Kāinga Ora – Homes and Communities

How much money was awarded in case 5027569?

Cleaning: $455.85 awarded to landlord; Property Damage: $1,562.62 awarded to landlord; Rubbish Removal: $832.54 awarded to landlord

What type of tenancy dispute was case 5027569?

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

Where can I read the official tribunal order for case 5027569?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11041804-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5027569?

The tribunal order states: Gary Wayne Campbell must pay Kāinga Ora – Homes and Communities

How much money was awarded in case 5027569?

Cleaning: $455.85 awarded to landlord; Property Damage: $1,562.62 awarded to landlord; Rubbish Removal: $832.54 awarded to landlord

What type of tenancy dispute was case 5027569?

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

Where can I read the official tribunal order for case 5027569?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11041804-Tenancy_Tribunal_Order.pdf.

Flat 8, 116 Wellington Street, Freemans Bay, Auckland Tenancy Tribunal Case 5027569 — Property damage

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Flat 8, 116 Wellington Street, Freemans Bay, Auckland Tenancy Tribunal Case 5027569 — Property damage | 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 5027569. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$455.85	Cleaning
Rubbish removal	$832.54	Rubbish removal
Repairs: Painting repairs – 50 percent	$1,562.62	Repairs: Painting repairs – 50 percent

Claims and awards for application 5027569. Verify on MoJ.

Cleaning

Amount: $455.85
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $832.54
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Painting repairs – 50 percent

Amount: $1,562.62
Awarded to: Landlord
Reason: Repairs: Painting repairs – 50 percent

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

Gary Wayne Campbell must pay Kāinga Ora – Homes and Communities $2,851.01 immediately, calculated as shown in table below. DescriptionLandlord Cleaning$455.85 Rubbish removal$832.54 Repairs: Painting repairs – 50 percent$1,562.62 Total amount tenant must pay the landlord$2,851.01

Reasons

Jasmine Grey attended the hearing for the landlord.
The tenant did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 2 August 2023 due to eviction.

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 and remove all rubbish. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims for having to entirely repaint the interior of the house. The tenant scrawled graffiti or artwork on the entirety of the walls and ceilings.
To prove a damage claim, the 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. 2
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. 3
In this case, the damage was more than fair wear and tear and was created intentionally. The tenant is therefore liable for the cost of repairing the damage.
The tenancy lasted for about seven years. Therefore, the paintwork was due for refreshment. That being so, the Tribunal must make an adjustment of the amount the tenant must reimburse the landlord to account for 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.
Most of the paintwork would have had to have been redone anyway. However, the painting work would have been prolonged due to the nature of the tenant’s artwork/graffiti. 1 Residential Tenancies Act 1986 (RAT), s 40(1)(e)(iii). 2 RTA, ss 40(2)(a), 41, and 49B. 3 See Guo v Korck [2019] NZHC 1541.
I set the adjustment for depreciation and betterment at 50 percent of the cost of the repainting work.
It follows, the tenant must pay the landlord $1,562.62 for this.

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 5027569. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$455.85	Cleaning
Rubbish removal	$832.54	Rubbish removal
Repairs: Painting repairs – 50 percent	$1,562.62	Repairs: Painting repairs – 50 percent

Claims and awards for application 5027569. Verify on MoJ.

Cleaning

Amount: $455.85
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $832.54
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Painting repairs – 50 percent

Amount: $1,562.62
Awarded to: Landlord
Reason: Repairs: Painting repairs – 50 percent

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

Reasons

Jasmine Grey attended the hearing for the landlord.
The tenant did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 2 August 2023 due to eviction.

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 and remove all rubbish. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims for having to entirely repaint the interior of the house. The tenant scrawled graffiti or artwork on the entirety of the walls and ceilings.
To prove a damage claim, the 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. 2
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. 3
In this case, the damage was more than fair wear and tear and was created intentionally. The tenant is therefore liable for the cost of repairing the damage.
The tenancy lasted for about seven years. Therefore, the paintwork was due for refreshment. That being so, the Tribunal must make an adjustment of the amount the tenant must reimburse the landlord to account for 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.
Most of the paintwork would have had to have been redone anyway. However, the painting work would have been prolonged due to the nature of the tenant’s artwork/graffiti. 1 Residential Tenancies Act 1986 (RAT), s 40(1)(e)(iii). 2 RTA, ss 40(2)(a), 41, and 49B. 3 See Guo v Korck [2019] NZHC 1541.
I set the adjustment for depreciation and betterment at 50 percent of the cost of the repainting work.
It follows, the tenant must pay the landlord $1,562.62 for this.

Tenancy Tribunal case 5027569 — Property damage at Flat 8, 116 Wellington Street, Freemans Bay, Auckland

At a glance

Tenancy Tribunal case 5027569 — Property damage at Flat 8, 116 Wellington Street, Freemans Bay, Auckland

At a glance

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

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