What was the outcome of Tenancy Tribunal case 5052730?

The tribunal order states: Jade Ropata Te Tai must pay Kāinga Ora–Homes And Communities $1,860.53

How much money was awarded in case 5052730?

Property Damage: $229.79 awarded to landlord; Rent Arrears: $840.00 awarded to landlord; Rubbish Removal: $302.74 awarded to landlord; Smoke Alarms: $488.00 awarded to landlord

What type of tenancy dispute was case 5052730?

The primary dispute was Rent arrears. Related themes: Smoke alarms, Property damage.

Where can I read the official tribunal order for case 5052730?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11396966-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5052730?

The tribunal order states: Jade Ropata Te Tai must pay Kāinga Ora–Homes And Communities $1,860.53

How much money was awarded in case 5052730?

Property Damage: $229.79 awarded to landlord; Rent Arrears: $840.00 awarded to landlord; Rubbish Removal: $302.74 awarded to landlord; Smoke Alarms: $488.00 awarded to landlord

What type of tenancy dispute was case 5052730?

The primary dispute was Rent arrears. Related themes: Smoke alarms, Property damage.

Where can I read the official tribunal order for case 5052730?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11396966-Tenancy_Tribunal_Order.pdf.

Unit/Flat 307, 139C Greys Avenue, Auckland Central, Tenancy Tribunal Case 5052730 — Rent arrears

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Unit/Flat 307, 139C Greys Avenue, Auckland Central, Tenancy Tribunal Case 5052730 — Rent arrears | 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 5052730 — net $1,860.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 September 2024	$840.00	Rent arrears to 25 September 2024
Damage to smoke alarm and graffiti removal during tenancy	$488.00	Damage to smoke alarm and graffiti removal during tenancy
Rubbish removal interior	$302.74	Rubbish removal interior
Rangehood replacement	$229.79	Rangehood replacement
Net award	$1,860.53
Total payable by Tenant to Landlord	$1,860.53

Claims and awards for application 5052730 — net $1,860.53 NZD. Verify on MoJ.

Rent arrears to 25 September 2024

Amount: $840.00
Awarded to: Landlord
Reason: Rent arrears to 25 September 2024

Damage to smoke alarm and graffiti removal during tenancy

Amount: $488.00
Awarded to: Landlord
Reason: Damage to smoke alarm and graffiti removal during tenancy

Rubbish removal interior

Amount: $302.74
Awarded to: Landlord
Reason: Rubbish removal interior

Rangehood replacement

Amount: $229.79
Awarded to: Landlord
Reason: Rangehood replacement

Net award

Landlord $1,860.53

Total payable by Tenant to Landlord

Landlord $1,860.53

Claim types — money lines allowed on this order

Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

Jade Ropata Te Tai must pay Kāinga Ora–Homes And Communities $1,860.53 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing which was held by teleconference on 5 February 2025. The Tribunal was unable to contact the tenant on the contact number provided in the application. I was satisfied that adequate service of the hearing notice had been completed and deemed it reasonable to proceed with the hearing in the tenant’s absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 25 September 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. Did the tenant fulfil their obligations at the end of the tenancy and are they liable for any damages?
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 ensure that all chattels provided for their benefit are left behind, as outlined in section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (“RTA”). Additionally, the tenant must replace worn-out smoke alarm batteries (section 40(1)(ca)) and ensure that standard light bulbs are replaced.
Regarding responsibility for damage to the premises, the landlord must prove that damage occurred during the tenancy and exceeds fair wear and tear. If this is established, the tenant must demonstrate that the damage was not caused carelessly or intentionally. Tenants are also liable for the actions of those on the premises with their permission, as stated in sections 40(2)(a), 41, and 49B of the RTA.
The landlord relied on an exit property condition report and photographs, invoices, vacated tenancy account statement and vacated scope of charges.
Rubbish removal: The tenant did not remove all rubbish from the premises at the end of the tenancy. The landlord produced photographs showing large items such as a couch, table, outdoor chairs, and a microwave inside the property at the end of the tenancy.
Damage to smoke alarm, graffiti, replacement rangehood: The removal of a smoke alarm is a clear breach of this obligation. Smoke alarms are a critical safety feature, and tampering with them is considered serious. The graffiti also constitutes damage. The landlord has provided evidence that the rangehood was damaged beyond fair wear and tear. The landlord proved on the evidence that this damage occurring during the tenancy. The tenant has not disproved liability for the damage.
The amounts ordered are proved.
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. Suppression order
The landlord did not seek a suppression order. However, the landlord was open to the tenant receiving suppression of their name, but as the claim is undefended and there are no grounds before the Tribunal, suppression is declined under section 95 RTA.

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 5052730 — net $1,860.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 September 2024	$840.00	Rent arrears to 25 September 2024
Damage to smoke alarm and graffiti removal during tenancy	$488.00	Damage to smoke alarm and graffiti removal during tenancy
Rubbish removal interior	$302.74	Rubbish removal interior
Rangehood replacement	$229.79	Rangehood replacement
Net award	$1,860.53
Total payable by Tenant to Landlord	$1,860.53

Claims and awards for application 5052730 — net $1,860.53 NZD. Verify on MoJ.

Rent arrears to 25 September 2024

Amount: $840.00
Awarded to: Landlord
Reason: Rent arrears to 25 September 2024

Damage to smoke alarm and graffiti removal during tenancy

Amount: $488.00
Awarded to: Landlord
Reason: Damage to smoke alarm and graffiti removal during tenancy

Rubbish removal interior

Amount: $302.74
Awarded to: Landlord
Reason: Rubbish removal interior

Rangehood replacement

Amount: $229.79
Awarded to: Landlord
Reason: Rangehood replacement

Net award

Landlord $1,860.53

Total payable by Tenant to Landlord

Landlord $1,860.53

Claim types — money lines allowed on this order

Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

Jade Ropata Te Tai must pay Kāinga Ora–Homes And Communities $1,860.53 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing which was held by teleconference on 5 February 2025. The Tribunal was unable to contact the tenant on the contact number provided in the application. I was satisfied that adequate service of the hearing notice had been completed and deemed it reasonable to proceed with the hearing in the tenant’s absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 25 September 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. Did the tenant fulfil their obligations at the end of the tenancy and are they liable for any damages?
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 ensure that all chattels provided for their benefit are left behind, as outlined in section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (“RTA”). Additionally, the tenant must replace worn-out smoke alarm batteries (section 40(1)(ca)) and ensure that standard light bulbs are replaced.
Regarding responsibility for damage to the premises, the landlord must prove that damage occurred during the tenancy and exceeds fair wear and tear. If this is established, the tenant must demonstrate that the damage was not caused carelessly or intentionally. Tenants are also liable for the actions of those on the premises with their permission, as stated in sections 40(2)(a), 41, and 49B of the RTA.
The landlord relied on an exit property condition report and photographs, invoices, vacated tenancy account statement and vacated scope of charges.
Rubbish removal: The tenant did not remove all rubbish from the premises at the end of the tenancy. The landlord produced photographs showing large items such as a couch, table, outdoor chairs, and a microwave inside the property at the end of the tenancy.
Damage to smoke alarm, graffiti, replacement rangehood: The removal of a smoke alarm is a clear breach of this obligation. Smoke alarms are a critical safety feature, and tampering with them is considered serious. The graffiti also constitutes damage. The landlord has provided evidence that the rangehood was damaged beyond fair wear and tear. The landlord proved on the evidence that this damage occurring during the tenancy. The tenant has not disproved liability for the damage.
The amounts ordered are proved.
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. Suppression order
The landlord did not seek a suppression order. However, the landlord was open to the tenant receiving suppression of their name, but as the claim is undefended and there are no grounds before the Tribunal, suppression is declined under section 95 RTA.

Tenancy Tribunal case 5052730 — Rent arrears at Unit/Flat 307, 139C Greys Avenue, Auckland Central,

At a glance

Tenancy Tribunal case 5052730 — Rent arrears at Unit/Flat 307, 139C Greys Avenue, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions