What was the outcome of Tenancy Tribunal case 5035749?

The tribunal order states: Adele Tunisia Tuhega must pay Kāinga Ora – Homes and Communities

How much money was awarded in case 5035749?

Cleaning: $162.46 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Property Damage: $1,213.53 awarded to landlord; Rubbish Removal: $410.30 awarded to landlord

What type of tenancy dispute was case 5035749?

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

Where can I read the official tribunal order for case 5035749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11459603-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5035749?

The tribunal order states: Adele Tunisia Tuhega must pay Kāinga Ora – Homes and Communities

How much money was awarded in case 5035749?

Cleaning: $162.46 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Property Damage: $1,213.53 awarded to landlord; Rubbish Removal: $410.30 awarded to landlord

What type of tenancy dispute was case 5035749?

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

Where can I read the official tribunal order for case 5035749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11459603-Tenancy_Tribunal_Order.pdf.

6A Kern Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 5035749 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

6A Kern Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 5035749 — 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 5035749. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$162.46	Cleaning
Rubbish removal	$410.30	Rubbish removal
Lawns and garden work	$150.00	Lawns and garden work
Repairing walls and a door frame	$1,213.53	Repairing walls and a door frame

Claims and awards for application 5035749. Verify on MoJ.

Cleaning

Amount: $162.46
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $410.30
Awarded to: Landlord
Reason: Rubbish removal

Lawns and garden work

Amount: $150.00
Awarded to: Landlord
Reason: Lawns and garden work

Repairing walls and a door frame

Amount: $1,213.53
Awarded to: Landlord
Reason: Repairing walls and a door frame

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rubbish Removal

Order

Adele Tunisia Tuhega must pay Kāinga Ora – Homes and Communities $1,936.29 immediately, calculated as shown in table below. DescriptionLandlord Cleaning$162.46 Rubbish removal$410.30 Lawns and garden work$150.00 Repairing walls and a door frame$1,213.53 Total award$1,936.29

Reasons

Jasmine Gray attended the hearing for the landlord.
The tenant did not attend. The hearing proceeded in their absence.
The landlord seeks orders for compensation 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. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The oven was very dirty. The untidiness extended to the garden also. The grass need to be slashed back and mown.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims for intentional damage to the walls and a door frame.
To succeed in a damage claim, landlords 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
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. 3
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. 4
I am satisfied that the damage occurred during the tenancy. The landlords’ photographs suggest that the gib of several walls’ gib have been deliberately with a tool and whole sections of gib have been peeled away, exposing the insulation underneath. The gib appears to have been struck repeatedly with a tool or tools. A doorway frame has been shattered.
The damage was plainly caused intentionally. It is more than fair wear and tear, and the tenant has not disproved liability for the damage. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 2 RTA, ss 40(2)(a), 41, and 49B. 3 RTA, s 49B(1). 4 See Guo v Korck [2019] NZHC 1541.
The amounts ordered are proved.

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 5035749. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$162.46	Cleaning
Rubbish removal	$410.30	Rubbish removal
Lawns and garden work	$150.00	Lawns and garden work
Repairing walls and a door frame	$1,213.53	Repairing walls and a door frame

Claims and awards for application 5035749. Verify on MoJ.

Cleaning

Amount: $162.46
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $410.30
Awarded to: Landlord
Reason: Rubbish removal

Lawns and garden work

Amount: $150.00
Awarded to: Landlord
Reason: Lawns and garden work

Repairing walls and a door frame

Amount: $1,213.53
Awarded to: Landlord
Reason: Repairing walls and a door frame

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rubbish Removal

Order

Reasons

Jasmine Gray attended the hearing for the landlord.
The tenant did not attend. The hearing proceeded in their absence.
The landlord seeks orders for compensation 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. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The oven was very dirty. The untidiness extended to the garden also. The grass need to be slashed back and mown.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims for intentional damage to the walls and a door frame.
To succeed in a damage claim, landlords 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
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. 3
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. 4
I am satisfied that the damage occurred during the tenancy. The landlords’ photographs suggest that the gib of several walls’ gib have been deliberately with a tool and whole sections of gib have been peeled away, exposing the insulation underneath. The gib appears to have been struck repeatedly with a tool or tools. A doorway frame has been shattered.
The damage was plainly caused intentionally. It is more than fair wear and tear, and the tenant has not disproved liability for the damage. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 2 RTA, ss 40(2)(a), 41, and 49B. 3 RTA, s 49B(1). 4 See Guo v Korck [2019] NZHC 1541.
The amounts ordered are proved.

Tenancy Tribunal case 5035749 — Property damage at 6A Kern Place, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5035749 — Property damage at 6A Kern Place, Manurewa, Auckland 2102

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