What was the outcome of Tenancy Tribunal case 5095108?

The tribunal order states: Roxanne Iokapeta Salele must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5095108?

Cleaning: $112.34 awarded to landlord; Previous Order Application 4995550 D…: $17,501.00 awarded to landlord; Property Damage: $955.96 awarded to landlord; Rent Arrears: $1,338.00 awarded to landlord; Rubbish Removal: $1,028.64 awarded to landlord

What type of tenancy dispute was case 5095108?

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

Where can I read the official tribunal order for case 5095108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11614455-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5095108?

The tribunal order states: Roxanne Iokapeta Salele must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5095108?

Cleaning: $112.34 awarded to landlord; Previous Order Application 4995550 D…: $17,501.00 awarded to landlord; Property Damage: $955.96 awarded to landlord; Rent Arrears: $1,338.00 awarded to landlord; Rubbish Removal: $1,028.64 awarded to landlord

What type of tenancy dispute was case 5095108?

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

Where can I read the official tribunal order for case 5095108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11614455-Tenancy_Tribunal_Order.pdf.

40B Insoll Avenue, Enderley, Hamilton 3214 Tenancy Tribunal Case 5095108 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 5095108 — net $20,935.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 18/09/2024 to 06/11/2024	$1,338.00	Rent arrears 18/09/2024 to 06/11/2024
Previous order application 4995550 dated 18/09/2024	$17,501.00	Previous order application 4995550 dated 18/09/2024
Cleaning	$112.34	Cleaning
Rubbish removal	$1,028.64	Rubbish removal
Repairs	$955.96	Repairs
Net award	$20,935.94
Total payable by Tenant to Landlord	$20,935.94

Ms Thompson – Wise appeared for the landlord. There was no appearance by the tenant.

The landlord has applied for rent arrears, compensation for cleaning, rubbish removal, and damage.

The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (The “Act”). Rent

The tenancy commenced on 08 January 2016. On 18 September 2024, the Tribunal made a conditional termination order for rent arrears (see NZTT 4995550). At the time, the arrears were $17,501.00. The tenant breached the terms of the order, and the tenancy was subsequently terminated on 06 November 2024. Further rent arrears of $1,338.00 accrued from the date of the order to the end of the tenancy.

The landlord has provided up to date rent records confirming the total amount owing. No enforcement action has been taken on NZTT 4995550, and the two amounts are combined, totalling $18,899.00. Cleaning and rubbish removal

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The Act does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, and not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy. Determining whether the tenant has failed to leave the property reasonably clean and tidy, and remove all rubbish, will involve an objective assessment. The Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.

The landlord has produced an end of tenancy inspection report. Having considered the report, which includes photographs, I am satisfied that the tenant has failed to leave the property reasonably clean and tidy and remove all rubbish.

In the application the landlord initially claimed $169.59 for cleaning, and $1,579.54 for rubbish removal.

After reviewing the evidence and discussing the matter with the landlord, the cleaning claim is reduced from $169.59 to $112.34.

The landlord has calculated rubbish removal costs by the square metreage. In this case, the landlord’s initial claim for rubbish removal was based on 7.5 square metres. However, the evidence suggests that 5 square metres is more appropriate. On that basis the claim for rubbish removal is reduced from $1,230.90 to $680.00. The total amount awarded for rubbish removal is $1,028.64. Damage

To succeed with a claim for damage the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear.

Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. See Taylor v Webb [1937] 2KB 283 (CA).

If this is established that the damage occurred during the tenancy and is more than fair wear and tear, the tenant must prove, to avoid liability, that they or someone at the property with their permission did not carelessly or intentionally cause or permit the damage.

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. See Guo v Korck [2019] NZHC 1541.

Tenants are liable for the full 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.

Where the damage is caused carelessly, and occurred after 27 August 2019, 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).

In addressing carelessness, the question is whether the tenant, or person at the property with their permission, exercised a degree of care and attention that a reasonable and prudent tenant would exercise in the circumstances. The test is objective, not based on the subjective opinions of the tenant or landlord.

In awarding compensation for damage, the Tribunal must also consider betterment and depreciation. The primary goal of compensation is to return the landlord to the position they would have been in had the tenant not breached their obligations. If compensation claimed would result in the landlord being better off than there were originally, the Tribunal may reduce the award to reflect betterment. In calculating any depreciation, the Tribunal must consider the age and condition of the items concerned at the start of the tenancy and their likely useful lifespan. Decision – damage

The landlord has produced a pre tenancy inspection report which shows the condition of the property at the commencement of the tenancy, as well as an end of tenancy inspection report which includes photographs.

After reviewing the evidence and discussing the matter with the landlord, I decline to award compensation for the replacement of the bathroom mirror. The property was built in the 1960’s and retains most of its original features, including the mirror. The pre tenancy inspection report shows that the mirror had pre-existing wear and tear consistent with its age. In this case, I cannot be satisfied that the damage is more than fair wear and tear.

However, I am satisfied that the other damage to walls and doors occurred during the tenancy and is more than fair wear and tear. The tenant has not disproved liability. The landlord is claiming $955.56 to repair the damage, which I consider reasonable. Only the affected areas were repaired. I make no further deduction for betterment. Previous order

On 18 September 2024, the Tribunal made an order relating to this tenancy, for rent arrears of $17,501.00. The previous order is incorporated into this order for enforcement purposes. Filing fee and name suppression

Although they are entitled the landlord does not seek reimbursement of the filing fee or name suppression.

Reasons

Claims and awards in Tenancy Tribunal application 5095108 — net $20,935.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 18/09/2024 to 06/11/2024	$1,338.00	Rent arrears 18/09/2024 to 06/11/2024
Previous order application 4995550 dated 18/09/2024	$17,501.00	Previous order application 4995550 dated 18/09/2024
Cleaning	$112.34	Cleaning
Rubbish removal	$1,028.64	Rubbish removal
Repairs	$955.96	Repairs
Net award	$20,935.94
Total payable by Tenant to Landlord	$20,935.94

Ms Thompson – Wise appeared for the landlord. There was no appearance by the tenant.

The landlord has applied for rent arrears, compensation for cleaning, rubbish removal, and damage.

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

In the application the landlord initially claimed $169.59 for cleaning, and $1,579.54 for rubbish removal.

After reviewing the evidence and discussing the matter with the landlord, the cleaning claim is reduced from $169.59 to $112.34.

To succeed with a claim for damage the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear.

Although they are entitled the landlord does not seek reimbursement of the filing fee or name suppression.

Tenancy Tribunal case 5095108 — Rent arrears at 40B Insoll Avenue, Enderley, Hamilton 3214

At a glance

Tenancy Tribunal case 5095108 — Rent arrears at 40B Insoll Avenue, Enderley, Hamilton 3214

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions