What was the outcome of Tenancy Tribunal case 5094668?

The tribunal order states: Moeata Kaa Riini must pay Kāinga Ora–Homes And Communities $3,228.83

How much money was awarded in case 5094668?

Lawns and Garden Work: $696.45 awarded to landlord; Rent Credit: $721.72 awarded to tenant; Property Damage: $263.32 awarded to landlord; Rubbish Removal: $2,990.78 awarded to landlord

What type of tenancy dispute was case 5094668?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5094668?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11641703-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5094668?

The tribunal order states: Moeata Kaa Riini must pay Kāinga Ora–Homes And Communities $3,228.83

How much money was awarded in case 5094668?

Lawns and Garden Work: $696.45 awarded to landlord; Rent Credit: $721.72 awarded to tenant; Property Damage: $263.32 awarded to landlord; Rubbish Removal: $2,990.78 awarded to landlord

What type of tenancy dispute was case 5094668?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5094668?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11641703-Tenancy_Tribunal_Order.pdf.

5A Jenanne Place, Totara Vale, Auckland 0629 Tenancy Tribunal Case 5094668 — Property damage

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5A Jenanne Place, Totara Vale, Auckland 0629 Tenancy Tribunal Case 5094668 — 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 5094668 — net $3,228.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: Walls - damaged or holes	$263.32		Repairs: Walls - damaged or holes
Lawns and Garden work	$696.45		Lawns and Garden work
Rubbish removal	$2,990.78		Rubbish removal
Rent credit		$721.72	Rent credit
Total award	$3,950.55	$721.72
Net award	$3,228.83
Total payable by Tenant to Landlord	$3,228.83

Claims and awards for application 5094668 — net $3,228.83 NZD. Verify on MoJ.

Repairs: Walls - damaged or holes

Amount: $263.32
Awarded to: Landlord
Reason: Repairs: Walls - damaged or holes

Lawns and Garden work

Amount: $696.45
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $2,990.78
Awarded to: Landlord
Reason: Rubbish removal

Rent credit

Amount: $721.72
Awarded to: Tenant
Reason: Rent credit

Total award

Landlord $3,950.55 · Tenant $721.72

Net award

Landlord $3,228.83

Total payable by Tenant to Landlord

Claim types — money lines allowed on this order

Lawns And Garden Work Property damage Rubbish Removal

Order

Moeata Kaa Riini must pay Kāinga Ora–Homes And Communities $3,228.83 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
A rent credit of $721.72 remained after the tenancy and that is applied against the debt in this order.

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 landlord claims the tenant did not remove all rubbish and left the lawns in an overgrown state. It supplied a large number of photos to evidence the need, and established the costs via an invoice summary. The claims for curtains and one plaster repair were withdrawn by the landlord. The full claim for rubbish removal from the garage was reduced by 50% to align with the more likely volume established by the photos.
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.
A number of walls were damaged during the tenancy. Two significant holes required patching and plastering/repairs were required to a lesser extent elsewhere. 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 & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5094668 — net $3,228.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: Walls - damaged or holes	$263.32		Repairs: Walls - damaged or holes
Lawns and Garden work	$696.45		Lawns and Garden work
Rubbish removal	$2,990.78		Rubbish removal
Rent credit		$721.72	Rent credit
Total award	$3,950.55	$721.72
Net award	$3,228.83
Total payable by Tenant to Landlord	$3,228.83

Claims and awards for application 5094668 — net $3,228.83 NZD. Verify on MoJ.

Repairs: Walls - damaged or holes

Amount: $263.32
Awarded to: Landlord
Reason: Repairs: Walls - damaged or holes

Lawns and Garden work

Amount: $696.45
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $2,990.78
Awarded to: Landlord
Reason: Rubbish removal

Rent credit

Amount: $721.72
Awarded to: Tenant
Reason: Rent credit

Total award

Landlord $3,950.55 · Tenant $721.72

Net award

Landlord $3,228.83

Total payable by Tenant to Landlord

Claim types — money lines allowed on this order

Lawns And Garden Work Property damage Rubbish Removal

Order

Moeata Kaa Riini must pay Kāinga Ora–Homes And Communities $3,228.83 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
A rent credit of $721.72 remained after the tenancy and that is applied against the debt in this order.

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 landlord claims the tenant did not remove all rubbish and left the lawns in an overgrown state. It supplied a large number of photos to evidence the need, and established the costs via an invoice summary. The claims for curtains and one plaster repair were withdrawn by the landlord. The full claim for rubbish removal from the garage was reduced by 50% to align with the more likely volume established by the photos.
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.
A number of walls were damaged during the tenancy. Two significant holes required patching and plastering/repairs were required to a lesser extent elsewhere. 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 5094668 — Property damage at 5A Jenanne Place, Totara Vale, Auckland 0629

At a glance

Tenancy Tribunal case 5094668 — Property damage at 5A Jenanne Place, Totara Vale, Auckland 0629

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