What was the outcome of Tenancy Tribunal case 5114329?

The tribunal order states: Quihana Charley Ama Halafihi must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5114329?

Cleaning: $455.85 awarded to landlord; Cleaning: $162.46 awarded to landlord; Lawns and Garden Work: $113.02 awarded to landlord; Property Damage: $438.58 awarded to landlord; Rubbish Removal: $82.06 awarded to landlord

What type of tenancy dispute was case 5114329?

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

Where can I read the official tribunal order for case 5114329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11749835-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5114329?

The tribunal order states: Quihana Charley Ama Halafihi must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5114329?

Cleaning: $455.85 awarded to landlord; Cleaning: $162.46 awarded to landlord; Lawns and Garden Work: $113.02 awarded to landlord; Property Damage: $438.58 awarded to landlord; Rubbish Removal: $82.06 awarded to landlord

What type of tenancy dispute was case 5114329?

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

Where can I read the official tribunal order for case 5114329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11749835-Tenancy_Tribunal_Order.pdf.

3A Vilma Place, Otara, Auckland 2023 Tenancy Tribunal Case 5114329 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 5114329 — net $1,251.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$82.06	Rubbish removal
Lawns and Garden work	$113.02	Lawns and Garden work
Cleaning	$455.85	Cleaning
Oven/stove cleaning	$162.46	Oven/stove cleaning
Repairs	$438.58	Repairs
Net award	$1,251.97
Total payable by Tenant to Landlord	$1,251.97

Quihana Charley Ama Halafihi must pay Kāinga Ora–Homes And Communities $1,251.97 immediately, calculated as shown in table below: DescriptionLandlord Rubbish removal$82.06 Lawns and Garden work$113.02 Cleaning$455.85 Oven/stove cleaning$162.46 Repairs$438.58 Total award$1,251.97 Total payable by Tenant to Landlord$1,251.97

Reasons

The landlord attended the hearing, the tenants did not attend.

The landlord has applied 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, 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord provided the Tribunal with a pre let inspection report and photos and exit photos and inspection report, and an invoice for the repairs and work done to the property.

The photos show the lawns were overgrown, there was rubbish left under the house and the oven and house needed to be cleaned. The invoice set out the cost of the lawn mowing as $113.02, cleaning the house as $455.85, stove cleaning as $162.46 and rubbish removal as $82.06.

I am satisfied that the landlord has proven their claim.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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.

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. See section 49B(1) RTA.

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.

The following damage was caused during the tenancy: -Holes, scribbling, and grease marks on the wall’s in bedroom 1 and 2, behind the door in the lounge , -Holes and stains down the internal doors.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord provided photographs of the damage and an invoice for $438.58 for the cost of the repairs to the walls and doors.

The amounts ordered are proved.

The landlord has been successful with their claims for vacates damages.

Claims and awards in Tenancy Tribunal application 5114329 — net $1,251.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$82.06	Rubbish removal
Lawns and Garden work	$113.02	Lawns and Garden work
Cleaning	$455.85	Cleaning
Oven/stove cleaning	$162.46	Oven/stove cleaning
Repairs	$438.58	Repairs
Net award	$1,251.97
Total payable by Tenant to Landlord	$1,251.97

Order

Quihana Charley Ama Halafihi must pay Kāinga Ora–Homes And Communities $1,251.97 immediately, calculated as shown in table below: DescriptionLandlord Rubbish removal$82.06 Lawns and Garden work$113.02 Cleaning$455.85 Oven/stove cleaning$162.46 Repairs$438.58 Total award$1,251.97 Total payable by Tenant to Landlord$1,251.97

Reasons

The landlord attended the hearing, the tenants did not attend.
The landlord has applied 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, 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided the Tribunal with a pre let inspection report and photos and exit photos and inspection report, and an invoice for the repairs and work done to the property.
The photos show the lawns were overgrown, there was rubbish left under the house and the oven and house needed to be cleaned. The invoice set out the cost of the lawn mowing as $113.02, cleaning the house as $455.85, stove cleaning as $162.46 and rubbish removal as $82.06.
I am satisfied that the landlord has proven their claim.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
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. See section 49B(1) RTA.
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.
The following damage was caused during the tenancy: -Holes, scribbling, and grease marks on the wall’s in bedroom 1 and 2, behind the door in the lounge , -Holes and stains down the internal doors.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided photographs of the damage and an invoice for $438.58 for the cost of the repairs to the walls and doors.
The amounts ordered are proved.
The landlord has been successful with their claims for vacates damages.

Tenancy Tribunal case 5114329 — Cleanliness at 3A Vilma Place, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5114329 — Cleanliness at 3A Vilma Place, 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