What was the outcome of Tenancy Tribunal case 5152693?

The tribunal order states: Christine Mahiroa Rawiri must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5152693?

Cleaning: $162.46 awarded to landlord; Cleaning: $102.13 awarded to landlord; Lawns and Garden Work: $96.45 awarded to landlord; Property Damage: $246.03 awarded to landlord; Property Damage: $246.03 awarded to landlord; Property Damage: $43.34 awarded to landlord; Property Damage: $130.02 awarded to landlord; Property Damage: $346.72 awarded to landlord; Property Damage: $130.02 awarded to landlord; Rubbish Removal: $983.91 awarded to landlord; Rubbish Removal: $984.72 awarded to landlord; Property Damage: $121.84 awarded to landlord

What type of tenancy dispute was case 5152693?

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

Where can I read the official tribunal order for case 5152693?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11880279-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5152693?

The tribunal order states: Christine Mahiroa Rawiri must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5152693?

Cleaning: $162.46 awarded to landlord; Cleaning: $102.13 awarded to landlord; Lawns and Garden Work: $96.45 awarded to landlord; Property Damage: $246.03 awarded to landlord; Property Damage: $246.03 awarded to landlord; Property Damage: $43.34 awarded to landlord; Property Damage: $130.02 awarded to landlord; Property Damage: $346.72 awarded to landlord; Property Damage: $130.02 awarded to landlord; Rubbish Removal: $983.91 awarded to landlord; Rubbish Removal: $984.72 awarded to landlord; Property Damage: $121.84 awarded to landlord

What type of tenancy dispute was case 5152693?

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

Where can I read the official tribunal order for case 5152693?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11880279-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 1, 11 Manse Road, Pahurehure, Papakura Tenancy Tribunal Case 5152693 — Property damage

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Unit/Flat Flat 1, 11 Manse Road, Pahurehure, Papakura Tenancy Tribunal Case 5152693 — Property damage | 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 5152693 — net $3,593.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$96.45	Lawns and Garden work
Rubbish removal: Outside	$984.72	Rubbish removal: Outside
Cleaning: Kitchen cabinetry cleaning	$102.13	Cleaning: Kitchen cabinetry cleaning
Rubbish removal: Inside	$983.91	Rubbish removal: Inside
Repairs: Plaster board repair	$43.34	Repairs: Plaster board repair
Oven/stove cleaning	$162.46	Oven/stove cleaning
Repairs: Plaster board repair	$130.02	Repairs: Plaster board repair
Repairs: Plaster board repair bedroom	$346.72	Repairs: Plaster board repair bedroom
Hallway door replacement	$246.03	Hallway door replacement
Repairs: Plaster board repair lounge	$130.02	Repairs: Plaster board repair
Window repairs: Kitchen glass replacement	$121.84	Window repairs: Kitchen glass replacement
Internal living room door replacement	$246.03	Internal living room door replacement
Net award	$3,593.67
Total payable by Tenant to Landlord	$3,593.67

Claims and awards for application 5152693 — net $3,593.67 NZD. Verify on MoJ.

Lawns and Garden work

Amount: $96.45
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal: Outside

Amount: $984.72
Awarded to: Landlord
Reason: Rubbish removal: Outside

Cleaning: Kitchen cabinetry cleaning

Amount: $102.13
Awarded to: Landlord
Reason: Cleaning: Kitchen cabinetry cleaning

Rubbish removal: Inside

Amount: $983.91
Awarded to: Landlord
Reason: Rubbish removal: Inside

Repairs: Plaster board repair

Amount: $43.34
Awarded to: Landlord
Reason: Repairs: Plaster board repair

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rubbish Removal

Order

Christine Mahiroa Rawiri must pay Kāinga Ora–Homes And Communities $3,593.67 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing via remote teleconference. There was no attendance by the tenant. An attempt to contact the tenant on the telephone number provided went straight to voicemail. The hearing continued in her absence.
The landlord has applied for compensation following the end of the tenancy. The tenancy ended on 4 December 2024.

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 landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided comprehensive photographic evidence in support of all claims. The entry photographs taken at the start of the tenancy in August 2018 show the premises in very good condition. There was no evidence of damage or a lack of cleanliness. The exit photographs confirm the state of the premises at the conclusion of the tenancy. There was significant rubbish, furniture, and household items throughout the property, inside and out. The oven was left in a filthy state. The lawn was overgrown.
Having sighted the landlord’s photographic and expense evidence provided in support of these claims I am entirely satisfied that the tenant has breached her obligations in this regard.
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: damage to numerous walls, internal doors and kitchen window glass. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided comprehensive photographic evidence of the damage throughout the premises. I have also sighted the landlord’s expense ledger filed in support of the amounts claimed.
I am entirely satisfied that the damage is intentional. The tenant is therefore liable for the full cost of repairs and replacement.
The amounts ordered are proved.
The landlord does not seek reimbursement of the application filing fee.

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 5152693 — net $3,593.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$96.45	Lawns and Garden work
Rubbish removal: Outside	$984.72	Rubbish removal: Outside
Cleaning: Kitchen cabinetry cleaning	$102.13	Cleaning: Kitchen cabinetry cleaning
Rubbish removal: Inside	$983.91	Rubbish removal: Inside
Repairs: Plaster board repair	$43.34	Repairs: Plaster board repair
Oven/stove cleaning	$162.46	Oven/stove cleaning
Repairs: Plaster board repair	$130.02	Repairs: Plaster board repair
Repairs: Plaster board repair bedroom	$346.72	Repairs: Plaster board repair bedroom
Hallway door replacement	$246.03	Hallway door replacement
Repairs: Plaster board repair lounge	$130.02	Repairs: Plaster board repair
Window repairs: Kitchen glass replacement	$121.84	Window repairs: Kitchen glass replacement
Internal living room door replacement	$246.03	Internal living room door replacement
Net award	$3,593.67
Total payable by Tenant to Landlord	$3,593.67

Claims and awards for application 5152693 — net $3,593.67 NZD. Verify on MoJ.

Lawns and Garden work

Amount: $96.45
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal: Outside

Amount: $984.72
Awarded to: Landlord
Reason: Rubbish removal: Outside

Cleaning: Kitchen cabinetry cleaning

Amount: $102.13
Awarded to: Landlord
Reason: Cleaning: Kitchen cabinetry cleaning

Rubbish removal: Inside

Amount: $983.91
Awarded to: Landlord
Reason: Rubbish removal: Inside

Repairs: Plaster board repair

Amount: $43.34
Awarded to: Landlord
Reason: Repairs: Plaster board repair

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rubbish Removal

Order

Christine Mahiroa Rawiri must pay Kāinga Ora–Homes And Communities $3,593.67 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing via remote teleconference. There was no attendance by the tenant. An attempt to contact the tenant on the telephone number provided went straight to voicemail. The hearing continued in her absence.
The landlord has applied for compensation following the end of the tenancy. The tenancy ended on 4 December 2024.

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 landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided comprehensive photographic evidence in support of all claims. The entry photographs taken at the start of the tenancy in August 2018 show the premises in very good condition. There was no evidence of damage or a lack of cleanliness. The exit photographs confirm the state of the premises at the conclusion of the tenancy. There was significant rubbish, furniture, and household items throughout the property, inside and out. The oven was left in a filthy state. The lawn was overgrown.
Having sighted the landlord’s photographic and expense evidence provided in support of these claims I am entirely satisfied that the tenant has breached her obligations in this regard.
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: damage to numerous walls, internal doors and kitchen window glass. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided comprehensive photographic evidence of the damage throughout the premises. I have also sighted the landlord’s expense ledger filed in support of the amounts claimed.
I am entirely satisfied that the damage is intentional. The tenant is therefore liable for the full cost of repairs and replacement.
The amounts ordered are proved.
The landlord does not seek reimbursement of the application filing fee.

Tenancy Tribunal case 5152693 — Property damage at Unit/Flat Flat 1, 11 Manse Road, Pahurehure, Papakura

At a glance

Tenancy Tribunal case 5152693 — Property damage at Unit/Flat Flat 1, 11 Manse Road, Pahurehure, Papakura

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