What was the outcome of Tenancy Tribunal case 5085494?

The tribunal order states: Akakoromaki Ngatamai Kumu must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5085494?

Lawns and Garden Work: $150.00 awarded to landlord; Rent Credit: $32.00 awarded to tenant; Door Trim: $51.98 awarded to landlord; Doors X2: $492.06 awarded to landlord; During Tenancy: $1,446.00 awarded to landlord; Walls: $1,969.28 awarded to landlord; Rubbish Removal: $3,508.64 awarded to landlord

What type of tenancy dispute was case 5085494?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5085494?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11979062-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5085494?

The tribunal order states: Akakoromaki Ngatamai Kumu must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5085494?

Lawns and Garden Work: $150.00 awarded to landlord; Rent Credit: $32.00 awarded to tenant; Door Trim: $51.98 awarded to landlord; Doors X2: $492.06 awarded to landlord; During Tenancy: $1,446.00 awarded to landlord; Walls: $1,969.28 awarded to landlord; Rubbish Removal: $3,508.64 awarded to landlord

What type of tenancy dispute was case 5085494?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5085494?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11979062-Tribunal_Order.pdf.

8A Lappington Road, Otara, Auckland 2023 Tenancy Tribunal Case 5085494 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5085494 — net $7,585.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal: Interior and exterior	$3,508.64		Rubbish removal: Interior and exterior
Lawns and Garden work	$150.00		Lawns and Garden work
Repairs: Walls	$1,969.28		Repairs: Walls
Repairs: During tenancy	$1,446.00		Repairs: During tenancy
Repairs: Doors x2	$492.06		Repairs: Doors x2
Repairs: Door trim	$51.98		Repairs: Door trim
Rent credit		$32.00	Rent credit
Total award	$7,617.96	$32.00
Net award	$7,585.96
Total payable by Tenant to Landlord	$7,585.96

The landlord attended the hearing. The tenant did not attend the hearing.

The landlord has obtained an email address for the tenant from the Ministry of Social Development. The landlord has tried to email the tenant and the message has not bounced back. Also, the Tribunal has sent notice of this hearing to the tenant using that email address. I am satisfied that the tenant has had notice of this hearing.

The landlord has applied for compensation for rubbish removal and repairs 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, 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 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?

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.

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).

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.

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.

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.

The landlord is responsible for anything done by any person who is in the premises with the tenant’s permission if the act would have constituted a breach of the tenancy agreement had it been the act of the tenant. Also, where any person intentionally or carelessly damages the premises while the tenant is in the premises, it shall be presumed that the tenant permitted that person to be in the premises unless the tenant proves that he or she took all reasonable steps to prevent that person from entering the premises.

The following damage was caused during the tenancy: extensive wall damage, damaged doors and door trim, replaced broken windows, replaced browken shower railing and replaced door knob and window latches. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Claims and awards in Tenancy Tribunal application 5085494 — net $7,585.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal: Interior and exterior	$3,508.64		Rubbish removal: Interior and exterior
Lawns and Garden work	$150.00		Lawns and Garden work
Repairs: Walls	$1,969.28		Repairs: Walls
Repairs: During tenancy	$1,446.00		Repairs: During tenancy
Repairs: Doors x2	$492.06		Repairs: Doors x2
Repairs: Door trim	$51.98		Repairs: Door trim
Rent credit		$32.00	Rent credit
Total award	$7,617.96	$32.00
Net award	$7,585.96
Total payable by Tenant to Landlord	$7,585.96

Order

Akakoromaki Ngatamai Kumu must pay Kāinga Ora–Homes And Communities $7,585.96 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The landlord has obtained an email address for the tenant from the Ministry of Social Development. The landlord has tried to email the tenant and the message has not bounced back. Also, the Tribunal has sent notice of this hearing to the tenant using that email address. I am satisfied that the tenant has had notice of this hearing.
The landlord has applied for compensation for rubbish removal and repairs 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, 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 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?

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.
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).
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.
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.
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.
The landlord is responsible for anything done by any person who is in the premises with the tenant’s permission if the act would have constituted a breach of the tenancy agreement had it been the act of the tenant. Also, where any person intentionally or carelessly damages the premises while the tenant is in the premises, it shall be presumed that the tenant permitted that person to be in the premises unless the tenant proves that he or she took all reasonable steps to prevent that person from entering the premises.
The following damage was caused during the tenancy: extensive wall damage, damaged doors and door trim, replaced broken windows, replaced browken shower railing and replaced door knob and window latches. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 5085494 — Property damage at 8A Lappington Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5085494 — Property damage at 8A Lappington Road, Otara, Auckland 2023

At a glance

Award balance

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

Award balance

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