What was the outcome of Tenancy Tribunal case 5125628?

The tribunal order states: Diane Taliilagi Moli must pay Kāinga Ora–Homes And Communities $904.20

How much money was awarded in case 5125628?

Rent Credit: $43.44 awarded to tenant; Replace Missing Door Handle: $64.10 awarded to landlord; Rubbish Removal: $656.48 awarded to landlord; Rubbish Removal: $227.06 awarded to landlord

What type of tenancy dispute was case 5125628?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5125628?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11633974-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5125628?

The tribunal order states: Diane Taliilagi Moli must pay Kāinga Ora–Homes And Communities $904.20

How much money was awarded in case 5125628?

Rent Credit: $43.44 awarded to tenant; Replace Missing Door Handle: $64.10 awarded to landlord; Rubbish Removal: $656.48 awarded to landlord; Rubbish Removal: $227.06 awarded to landlord

What type of tenancy dispute was case 5125628?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5125628?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11633974-Tenancy_Tribunal_Order.pdf.

18 Westmeath Street, Waitangirua, Porirua 5024 Tenancy Tribunal Case 5125628 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5125628 — net $904.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: Replace missing door handle	$64.10		Repairs: Replace missing door handle
Rubbish removal: Interior	$227.06		Rubbish removal: Interior
Rubbish removal: Exterior	$656.48		Rubbish removal: Exterior
Rent credit		$43.44	Rent credit
Total award	$947.64	$43.44
Net award	$904.20
Total payable by Tenant to Landlord	$904.20

The landlord attended the hearing via remote teleconference. A telephone call to the tenant went straight to voicemail. The hearing continued in her absence.

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 remove all rubbish at the conclusion of the tenancy. The landlord provided an exit inspection report with photographic evidence confirming rubbish and furniture items left behind by the tenant. The landlord has also provided an expense schedule confirming the cost to have these items removed. Having sighted this evidence I am satisfied that the tenant breached her obligations at the end of the tenancy.

The claims for rubbish removal are proven.

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. Missing door handle

The landlord claims for a missing door handle at the end of the tenancy. I have sighted the landlord’s photographic evidence filed in support of this claim and find it proven. I have also sighted the landlord’s expense claim.

The amount ordered is proved.

The landlord withdraws the claim in respect of glass replacement.

The landlord does not seek reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 5125628 — net $904.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: Replace missing door handle	$64.10		Repairs: Replace missing door handle
Rubbish removal: Interior	$227.06		Rubbish removal: Interior
Rubbish removal: Exterior	$656.48		Rubbish removal: Exterior
Rent credit		$43.44	Rent credit
Total award	$947.64	$43.44
Net award	$904.20
Total payable by Tenant to Landlord	$904.20

Order

Diane Taliilagi Moli must pay Kāinga Ora–Homes And Communities $904.20 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing via remote teleconference. A telephone call to the tenant went straight to voicemail. The hearing continued in her absence.
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 remove all rubbish at the conclusion of the tenancy. The landlord provided an exit inspection report with photographic evidence confirming rubbish and furniture items left behind by the tenant. The landlord has also provided an expense schedule confirming the cost to have these items removed. Having sighted this evidence I am satisfied that the tenant breached her obligations at the end of the tenancy.
The claims for rubbish removal are proven.

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. Missing door handle
The landlord claims for a missing door handle at the end of the tenancy. I have sighted the landlord’s photographic evidence filed in support of this claim and find it proven. I have also sighted the landlord’s expense claim.
The amount ordered is proved.
The landlord withdraws the claim in respect of glass replacement.
The landlord does not seek reimbursement of the filing fee.

Tenancy Tribunal case 5125628 — Property damage at 18 Westmeath Street, Waitangirua, Porirua 5024

At a glance

Tenancy Tribunal case 5125628 — Property damage at 18 Westmeath Street, Waitangirua, Porirua 5024

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