What was the outcome of Tenancy Tribunal case 5138412?

The tribunal order states: Jessica Esekielu must pay Kāinga Ora–Homes And Communities $4,144.13

How much money was awarded in case 5138412?

Rent Arrears: $1,130.71 awarded to landlord; Rubbish Removal: $3,013.42 awarded to landlord

What type of tenancy dispute was case 5138412?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5138412?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11810586-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5138412?

The tribunal order states: Jessica Esekielu must pay Kāinga Ora–Homes And Communities $4,144.13

How much money was awarded in case 5138412?

Rent Arrears: $1,130.71 awarded to landlord; Rubbish Removal: $3,013.42 awarded to landlord

What type of tenancy dispute was case 5138412?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5138412?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11810586-Tenancy_Tribunal_Order.pdf.

19 Silverstone Place, Henderson, Auckland 0612 Tenancy Tribunal Case 5138412 — Rent arrears

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19 Silverstone Place, Henderson, Auckland 0612 Tenancy Tribunal Case 5138412 — Rent arrears | 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 5138412 — net $4,144.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3/12/2024	$1,130.71	Rent arrears to 3/12/2024
Cleaning, rubbish removal, repairs	$3,013.42	Cleaning, rubbish removal, repairs
Net award	$4,144.13
Total payable by Tenant to Landlord	$4,144.13

Claims and awards for application 5138412 — net $4,144.13 NZD. Verify on MoJ.

Rent arrears to 3/12/2024

Amount: $1,130.71
Awarded to: Landlord
Reason: Rent arrears to 3/12/2024

Cleaning, rubbish removal, repairs

Amount: $3,013.42
Awarded to: Landlord
Reason: Cleaning, rubbish removal, repairs

Net award

Landlord $4,144.13

Total payable by Tenant to Landlord

Landlord $4,144.13

Claim types — money lines allowed on this order

Rent arrears Rubbish Removal

Order

Jessica Esekielu must pay Kāinga Ora–Homes And Communities $4,144.13 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing remotely by telephone.
Unfortunately, the Tribunal was unable to contact the tenant on her telephone.
The landlord has applied for rent arrears and compensation following the end of the tenancy.
The periodic tenancy began on 5/10/2023 at a weekly rental of $163.00.

How much is owed for rent?

The tenancy ended on 3/12/2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with her 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.
In support of the claim for compensation the landlord provided costs from the contractor and entry and exit inspection reports with photographs dated 15/9/2023 and 3/12/2024 respectively.
I am persuaded by the evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove a significant amount of rubbish when she left the property.
In addition, an oven tray, a bedroom curtain and several wardrobe rails and shelves were missing.
The amounts awarded 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.
The landlord claimed compensation for holes in walls and cabinet repairs.
However, the landlord reduced the original amount claimed by $66.56 due to the photographs of bedroom 3 not supporting the claim for patch of a hole.
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.
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.
I am satisfied from the evidence that damage was caused during the tenancy to bedroom walls and is more than fair wear and tear.
The amount awarded is proved and considered reasonable.

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 5138412 — net $4,144.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3/12/2024	$1,130.71	Rent arrears to 3/12/2024
Cleaning, rubbish removal, repairs	$3,013.42	Cleaning, rubbish removal, repairs
Net award	$4,144.13
Total payable by Tenant to Landlord	$4,144.13

Claims and awards for application 5138412 — net $4,144.13 NZD. Verify on MoJ.

Rent arrears to 3/12/2024

Amount: $1,130.71
Awarded to: Landlord
Reason: Rent arrears to 3/12/2024

Cleaning, rubbish removal, repairs

Amount: $3,013.42
Awarded to: Landlord
Reason: Cleaning, rubbish removal, repairs

Net award

Landlord $4,144.13

Total payable by Tenant to Landlord

Landlord $4,144.13

Claim types — money lines allowed on this order

Rent arrears Rubbish Removal

Order

Jessica Esekielu must pay Kāinga Ora–Homes And Communities $4,144.13 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing remotely by telephone.
Unfortunately, the Tribunal was unable to contact the tenant on her telephone.
The landlord has applied for rent arrears and compensation following the end of the tenancy.
The periodic tenancy began on 5/10/2023 at a weekly rental of $163.00.

How much is owed for rent?

The tenancy ended on 3/12/2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with her 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.
In support of the claim for compensation the landlord provided costs from the contractor and entry and exit inspection reports with photographs dated 15/9/2023 and 3/12/2024 respectively.
I am persuaded by the evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove a significant amount of rubbish when she left the property.
In addition, an oven tray, a bedroom curtain and several wardrobe rails and shelves were missing.
The amounts awarded 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.
The landlord claimed compensation for holes in walls and cabinet repairs.
However, the landlord reduced the original amount claimed by $66.56 due to the photographs of bedroom 3 not supporting the claim for patch of a hole.
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.
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.
I am satisfied from the evidence that damage was caused during the tenancy to bedroom walls and is more than fair wear and tear.
The amount awarded is proved and considered reasonable.

Tenancy Tribunal case 5138412 — Rent arrears at 19 Silverstone Place, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 5138412 — Rent arrears at 19 Silverstone Place, Henderson, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with her 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

How much is owed for rent?

Did the tenant comply with her 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