What was the outcome of Tenancy Tribunal case 5139109?

The tribunal order states: Cushla Carrol Rule must pay Kāinga Ora–Homes And Communities $4,435.19

How much money was awarded in case 5139109?

Property Damage: $3,934.05 awarded to landlord; Rent Arrears: $501.14 awarded to landlord

What type of tenancy dispute was case 5139109?

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

Where can I read the official tribunal order for case 5139109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11846259-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5139109?

The tribunal order states: Cushla Carrol Rule must pay Kāinga Ora–Homes And Communities $4,435.19

How much money was awarded in case 5139109?

Property Damage: $3,934.05 awarded to landlord; Rent Arrears: $501.14 awarded to landlord

What type of tenancy dispute was case 5139109?

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

Where can I read the official tribunal order for case 5139109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11846259-Tenancy_Tribunal_Order.pdf.

4C Ixia Place, Wiri, Auckland 2104 Tenancy Tribunal Case 5139109 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5139109 — net $4,435.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22/11/2024	$501.14	claim for rent arrears is proven in full. Did the tenant comply with their obligations at the end of the tenancy?
Vacated damages	$3,934.05	Vacated damages
Net award	$4,435.19
Total payable by Tenant to Landlord	$4,435.19

A hearing was held today by teleconference. The landlord attended the hearing. The Tribunal was unable to contact the tenant on the phone number provided. I am satisfied that adequate service of the hearing notice was completed. In the circumstances, I consider it reasonable to proceed with the hearing in the tenant’s absence.

The landlord has applied for an order for rent arrears and damages following the end of the tenancy. In support of the application, the landlord has provided a final rent summary, a vacated damages statement, pre- and post-tenancy inspection reports, a notice to end the tenancy, and extensive photographic evidence showing the condition of the premises at the end of the tenancy. I am satisfied that the landlord’s evidence is credible and meets the standard required to establish the claims on the balance of probabilities.

How much is owed for rent?

The tenancy ended on 22 November 2024. The rent summary provided by the landlord establishes that $501.14 remained owing at the end of the tenancy. A small amount was paid after the tenancy ended, which the landlord correctly applied to the outstanding rent and damages balance. The tenant is liable to pay rent when it becomes due under section 40(1)(a) of the Residential Tenancies Act 1986 (“RTA”). I am satisfied that the landlord’s claim for rent arrears is proven in full.

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) RTA.

Where damage to the premises is alleged, the landlord must prove that the damage occurred during the tenancy and that it is more than fair wear and tear. If that is established, the onus shifts to the tenant to prove that the damage was not caused carelessly or intentionally. See sections 40(2)(a), 41 and 49B RTA. Tenants are also liable for the actions of others who occupy the premises with their consent.

In relation to damages, the landlord claims compensation for costs incurred in restoring the property after the tenant vacated. These include lawn cutting ($150), external rubbish removal in two stages ($615.45 and $820.60), internal rubbish removal ($1,286.65), cleaning ($312.06), minor plastering ($43.34 and $21.43), replacement of two damaged internal doors ($492.06), and stove cleaning ($162.46). The total claim for damages is $3,934.05. The landlord has withdrawn the claims relating to door hanging and curtain supply, as there was insufficient supporting evidence for those items.

The photographic evidence submitted by the landlord clearly shows that the premises were not left in a reasonably clean or tidy state. There was substantial rubbish left both inside and outside the property. No apparent cleaning had been done, and the stove and oven tray were in a visibly unhygienic condition with baked-on grime. In addition, two internal doors were damaged beyond repair and had to be replaced, and several minor holes in the walls required plastering. The damage exceeds what would be considered normal wear and tear.

The costs claimed by the landlord are itemised and reasonable. I am satisfied that the work was necessary to return the premises to a reasonable standard and that the tenant is liable for the full amount claimed.

Accordingly, I find that the tenant is liable to pay the landlord $501.14 in rent arrears and $3,934.05 in damages, making a total award of $4,435.19.

Claims and awards in Tenancy Tribunal application 5139109 — net $4,435.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22/11/2024	$501.14	claim for rent arrears is proven in full. Did the tenant comply with their obligations at the end of the tenancy?
Vacated damages	$3,934.05	Vacated damages
Net award	$4,435.19
Total payable by Tenant to Landlord	$4,435.19

Order

Cushla Carrol Rule must pay Kāinga Ora–Homes And Communities $4,435.19 immediately, calculated as shown in the table below.

Reasons

A hearing was held today by teleconference. The landlord attended the hearing. The Tribunal was unable to contact the tenant on the phone number provided. I am satisfied that adequate service of the hearing notice was completed. In the circumstances, I consider it reasonable to proceed with the hearing in the tenant’s absence.
The landlord has applied for an order for rent arrears and damages following the end of the tenancy. In support of the application, the landlord has provided a final rent summary, a vacated damages statement, pre- and post-tenancy inspection reports, a notice to end the tenancy, and extensive photographic evidence showing the condition of the premises at the end of the tenancy. I am satisfied that the landlord’s evidence is credible and meets the standard required to establish the claims on the balance of probabilities.

How much is owed for rent?

The tenancy ended on 22 November 2024. The rent summary provided by the landlord establishes that $501.14 remained owing at the end of the tenancy. A small amount was paid after the tenancy ended, which the landlord correctly applied to the outstanding rent and damages balance. The tenant is liable to pay rent when it becomes due under section 40(1)(a) of the Residential Tenancies Act 1986 (“RTA”). I am satisfied that the landlord’s claim for rent arrears is proven in full.

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) RTA.
Where damage to the premises is alleged, the landlord must prove that the damage occurred during the tenancy and that it is more than fair wear and tear. If that is established, the onus shifts to the tenant to prove that the damage was not caused carelessly or intentionally. See sections 40(2)(a), 41 and 49B RTA. Tenants are also liable for the actions of others who occupy the premises with their consent.
In relation to damages, the landlord claims compensation for costs incurred in restoring the property after the tenant vacated. These include lawn cutting ($150), external rubbish removal in two stages ($615.45 and $820.60), internal rubbish removal ($1,286.65), cleaning ($312.06), minor plastering ($43.34 and $21.43), replacement of two damaged internal doors ($492.06), and stove cleaning ($162.46). The total claim for damages is $3,934.05. The landlord has withdrawn the claims relating to door hanging and curtain supply, as there was insufficient supporting evidence for those items.
The photographic evidence submitted by the landlord clearly shows that the premises were not left in a reasonably clean or tidy state. There was substantial rubbish left both inside and outside the property. No apparent cleaning had been done, and the stove and oven tray were in a visibly unhygienic condition with baked-on grime. In addition, two internal doors were damaged beyond repair and had to be replaced, and several minor holes in the walls required plastering. The damage exceeds what would be considered normal wear and tear.
The costs claimed by the landlord are itemised and reasonable. I am satisfied that the work was necessary to return the premises to a reasonable standard and that the tenant is liable for the full amount claimed.
Accordingly, I find that the tenant is liable to pay the landlord $501.14 in rent arrears and $3,934.05 in damages, making a total award of $4,435.19.

Tenancy Tribunal case 5139109 — Property damage at 4C Ixia Place, Wiri, Auckland 2104

At a glance

Tenancy Tribunal case 5139109 — Property damage at 4C Ixia Place, Wiri, Auckland 2104

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

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 their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions