How much money was awarded in case 5154671?

Cleaning: $438.95 awarded to landlord; Electrical Report - Safety: $296.64 awarded to landlord; Kitchen Vinyl: $1,134.46 awarded to landlord; Moving And Storing Tenant’S Belongin…: $1,839.18 awarded to landlord; Property Damage: $354.02 awarded to landlord; Property Damage: $3,135.40 awarded to landlord; Property Damage: $12,957.25 awarded to landlord; Property Damage: $2,848.65 awarded to landlord; Property Damage: $492.65 awarded to landlord; Property Damage: $10,073.84 awarded to landlord; Rent Arrears: $300.00 awarded to landlord; Repainting/Redecorating: $5,267.03 awarded to landlord; Replace Bathroom Mirror: $146.52 awarded to landlord; Replace Doors: $4,442.56 awarded to landlord; Replace Rangehood, Stove: $1,469.70 awarded to landlord; Replace Toilet And Bathroom Fixtures: $1,118.12 awarded to landlord; Replacing Carpet: $1,742.00 awarded to landlord; Replacing Curtains: $981.69 awarded to landlord; Replacing Light Fitting: $1,484.30 awarded to landlord; Rubbish Removal: $1,097.84 awarded to landlord; Securing Premises After Eviction: $544.98 awarded to landlord

What type of tenancy dispute was case 5154671?

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

Where can I read the official tribunal order for case 5154671?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11943554-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5154671?

Cleaning: $438.95 awarded to landlord; Electrical Report - Safety: $296.64 awarded to landlord; Kitchen Vinyl: $1,134.46 awarded to landlord; Moving And Storing Tenant’S Belongin…: $1,839.18 awarded to landlord; Property Damage: $354.02 awarded to landlord; Property Damage: $3,135.40 awarded to landlord; Property Damage: $12,957.25 awarded to landlord; Property Damage: $2,848.65 awarded to landlord; Property Damage: $492.65 awarded to landlord; Property Damage: $10,073.84 awarded to landlord; Rent Arrears: $300.00 awarded to landlord; Repainting/Redecorating: $5,267.03 awarded to landlord; Replace Bathroom Mirror: $146.52 awarded to landlord; Replace Doors: $4,442.56 awarded to landlord; Replace Rangehood, Stove: $1,469.70 awarded to landlord; Replace Toilet And Bathroom Fixtures: $1,118.12 awarded to landlord; Replacing Carpet: $1,742.00 awarded to landlord; Replacing Curtains: $981.69 awarded to landlord; Replacing Light Fitting: $1,484.30 awarded to landlord; Rubbish Removal: $1,097.84 awarded to landlord; Securing Premises After Eviction: $544.98 awarded to landlord

What type of tenancy dispute was case 5154671?

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

Where can I read the official tribunal order for case 5154671?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11943554-Tenancy_Tribunal_Order.pdf.

113A Wordsworth Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5154671 — Property damage

Q: What was the outcome of Tenancy Tribunal case 5154671?

The tribunal order states: Torin Ropiha must immediately pay Kāinga Ora – Homes and Communities $52,165.78

Claims and awards in Tenancy Tribunal application 5154671. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to the end of 9 December 2024	$300.00	Rent arrears to the end of 9 December 2024
Cleaning	$438.95	Cleaning
Rubbish removal	$1,097.84	Rubbish removal
Lock/key replacement	$354.02	Lock/key replacement
Moving and storing tenant’s belongings	$1,839.18	Moving and storing tenant’s belongings
Securing premises after eviction	$544.98	Securing premises after eviction
Repainting/redecorating	$5,267.03	Repainting/redecorating
Replace vinyl flooring	$1,134.46	Replace vinyl flooring
General carpentry repairs	$3,135.40	General carpentry repairs
Repairing destroyed kitchen cabinetry	$12,957.25	Repairing destroyed kitchen cabinetry
Replacing carpet	$1,742.00	Replacing carpet
Replacing curtains	$981.69	Replacing curtains
Replacing light fitting	$1,484.30	Replacing light fitting
Replace damaged heat pump	$2,848.65	Replace damaged heat pump
Replace rangehood, stove	$1,469.70	Replace rangehood, stove
Replace bathroom mirror	$146.52	Replace bathroom mirror
Window repairs	$492.65	Window repairs
Electrical report - safety	$296.64	Electrical report - safety
Replace toilet and bathroom fixtures	$1,118.12	Replace toilet and bathroom fixtures
Plaster board repairs	$10,073.84	Plaster board repairs
Replace doors	$4,442.56	Replace doors

Claims and awards in Tenancy Tribunal application 5154671. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to the end of 9 December 2024

$300.00

Rent arrears to the end of 9 December 2024

Cleaning

$438.95

Cleaning

Rubbish removal

$1,097.84

Rubbish removal

Lock/key replacement

$354.02

Lock/key replacement

Moving and storing tenant’s belongings

$1,839.18

Moving and storing tenant’s belongings

Securing premises after eviction

$544.98

Securing premises after eviction

Repainting/redecorating

$5,267.03

Repainting/redecorating

Replace vinyl flooring

$1,134.46

Replace vinyl flooring

General carpentry repairs

$3,135.40

General carpentry repairs

Repairing destroyed kitchen cabinetry

$12,957.25

Repairing destroyed kitchen cabinetry

Replacing carpet

$1,742.00

Replacing carpet

Replacing curtains

$981.69

Replacing curtains

Replacing light fitting

$1,484.30

Replacing light fitting

Replace damaged heat pump

$2,848.65

Replace damaged heat pump

Replace rangehood, stove

$1,469.70

Replace rangehood, stove

Replace bathroom mirror

$146.52

Replace bathroom mirror

Window repairs

$492.65

Window repairs

Electrical report - safety

$296.64

Electrical report - safety

Replace toilet and bathroom fixtures

$1,118.12

Replace toilet and bathroom fixtures

Plaster board repairs

$10,073.84

Plaster board repairs

Replace doors

$4,442.56

Replace doors

Order

Torin Ropiha must immediately pay Kāinga Ora – Homes and Communities $52,165.78 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to the end of 9 December 2024$300.00 Cleaning$438.95 Rubbish removal$1,097.84 Lock/key replacement Moving and storing tenant’s belongings $354.02 $1,839.18 Securing premises after eviction$544.98 Repainting/redecorating$5,267.03 Replace vinyl flooring$1,134.46 General carpentry repairs$3,135.40 Repairing destroyed kitchen cabinetry$12,957.25 Replacing carpet$1,742.00 Replacing curtains$981.69 Replacing light fitting $1,484.30 Replace damaged heat pump$2,848.65 Replace rangehood, stove,$1,469.70 Replace bathroom mirror$146.52 Window repairs$492.65 Electrical report - safety$296.64 Replace toilet and bathroom fixtures$1,118.12 Plaster board repairs$10,073.84 Replace doors$4,442.56 Total award$52,165.78

Reasons

Jan Maturan-Abuid attended the hearing for the landlord.

The tenant did not attend. The hearing proceeded in their absence.

The landlord has applied for rent arrears, and compensation for its costs incurred due to the tenant’s breaches.

How much does the tenant owe for rent?

The tenancy ended on 9 December 2024.

The landlord provided rent records that prove the amount owing at 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 quit the premises, remove all his or her goods from the premises, leave the premises reasonably clean and tidy, remove all rubbish, and return all keys and security devices, and leave all chattels provided for their benefit. 1

The tenant did not quit the premises, remove his belongings, leave the premises reasonably clean and tidy, did not remove all rubbish, and did not return the keys.

The landlord regained possession of the premises by way of eviction. It had to change the locks but needed to secure the premises temporarily. The tenant is liable for these costs because they result from his failure to vacate the premises as ordered by the Tribunal.

The landlord moved and securely the tenant’s belongings at the cost of $1,839.18. The tenant must reimburse the landlord for this cost.

The landlord proved the amounts set out in the table above must be ordered.

Is the tenant responsible for the damage to the premises?

Regrettably, the tenant deliberately destroyed many of the house’s structural elements, fittings, fixtures, and chattels, including the walls, the kitchen cabinetry, the curtains and curtain fittings, the heat pump, the carpet and vinyl, the light fittings, and the toilet.

Landlords must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If the landlord establishes this, 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. 2

A landlord’s insurance cover can affect a tenant’s liability. However, the landlord is not insured for the damage here, so the issue does not arise. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 2 RTA, ss 40(2)(a), 41, and 49B.

The damage referred to in the table above relate to damage caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord proved the damage and its repair costs on the balance of probabilities.

I have taken account of betterment and depreciation. The Tribunal should return the landlord to the position they would have been in had the tenant not breached their obligations, and not to a better or worse position. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their probable useful lifespan.

The tenant is liable also for the cost of an electrical report necessitated by the severity of the damage to the walls and fixtures.

Claims and awards in Tenancy Tribunal application 5154671. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to the end of 9 December 2024	$300.00	Rent arrears to the end of 9 December 2024
Cleaning	$438.95	Cleaning
Rubbish removal	$1,097.84	Rubbish removal
Lock/key replacement	$354.02	Lock/key replacement
Moving and storing tenant’s belongings	$1,839.18	Moving and storing tenant’s belongings
Securing premises after eviction	$544.98	Securing premises after eviction
Repainting/redecorating	$5,267.03	Repainting/redecorating
Replace vinyl flooring	$1,134.46	Replace vinyl flooring
General carpentry repairs	$3,135.40	General carpentry repairs
Repairing destroyed kitchen cabinetry	$12,957.25	Repairing destroyed kitchen cabinetry
Replacing carpet	$1,742.00	Replacing carpet
Replacing curtains	$981.69	Replacing curtains
Replacing light fitting	$1,484.30	Replacing light fitting
Replace damaged heat pump	$2,848.65	Replace damaged heat pump
Replace rangehood, stove	$1,469.70	Replace rangehood, stove
Replace bathroom mirror	$146.52	Replace bathroom mirror
Window repairs	$492.65	Window repairs
Electrical report - safety	$296.64	Electrical report - safety
Replace toilet and bathroom fixtures	$1,118.12	Replace toilet and bathroom fixtures
Plaster board repairs	$10,073.84	Plaster board repairs
Replace doors	$4,442.56	Replace doors

Claims and awards in Tenancy Tribunal application 5154671. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to the end of 9 December 2024

$300.00

Rent arrears to the end of 9 December 2024

Cleaning

$438.95

Cleaning

Rubbish removal

$1,097.84

Rubbish removal

Lock/key replacement

$354.02

Lock/key replacement

Moving and storing tenant’s belongings

$1,839.18

Moving and storing tenant’s belongings

Securing premises after eviction

$544.98

Securing premises after eviction

Repainting/redecorating

$5,267.03

Repainting/redecorating

Replace vinyl flooring

$1,134.46

Replace vinyl flooring

General carpentry repairs

$3,135.40

General carpentry repairs

Repairing destroyed kitchen cabinetry

$12,957.25

Repairing destroyed kitchen cabinetry

Replacing carpet

$1,742.00

Replacing carpet

Replacing curtains

$981.69

Replacing curtains

Replacing light fitting

$1,484.30

Replacing light fitting

Replace damaged heat pump

$2,848.65

Replace damaged heat pump

Replace rangehood, stove

$1,469.70

Replace rangehood, stove

Replace bathroom mirror

$146.52

Replace bathroom mirror

Window repairs

$492.65

Window repairs

Electrical report - safety

$296.64

Electrical report - safety

Replace toilet and bathroom fixtures

$1,118.12

Replace toilet and bathroom fixtures

Plaster board repairs

$10,073.84

Plaster board repairs

Replace doors

$4,442.56

Replace doors

Order

Reasons

Jan Maturan-Abuid attended the hearing for the landlord.
The tenant did not attend. The hearing proceeded in their absence.
The landlord has applied for rent arrears, and compensation for its costs incurred due to the tenant’s breaches.

How much does the tenant owe for rent?

The tenancy ended on 9 December 2024.
The landlord provided rent records that prove the amount owing at 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 quit the premises, remove all his or her goods from the premises, leave the premises reasonably clean and tidy, remove all rubbish, and return all keys and security devices, and leave all chattels provided for their benefit. 1
The tenant did not quit the premises, remove his belongings, leave the premises reasonably clean and tidy, did not remove all rubbish, and did not return the keys.
The landlord regained possession of the premises by way of eviction. It had to change the locks but needed to secure the premises temporarily. The tenant is liable for these costs because they result from his failure to vacate the premises as ordered by the Tribunal.
The landlord moved and securely the tenant’s belongings at the cost of $1,839.18. The tenant must reimburse the landlord for this cost.
The landlord proved the amounts set out in the table above must be ordered.

Is the tenant responsible for the damage to the premises?

Regrettably, the tenant deliberately destroyed many of the house’s structural elements, fittings, fixtures, and chattels, including the walls, the kitchen cabinetry, the curtains and curtain fittings, the heat pump, the carpet and vinyl, the light fittings, and the toilet.
Landlords must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If the landlord establishes this, 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. 2
A landlord’s insurance cover can affect a tenant’s liability. However, the landlord is not insured for the damage here, so the issue does not arise. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 2 RTA, ss 40(2)(a), 41, and 49B.
The damage referred to in the table above relate to damage caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord proved the damage and its repair costs on the balance of probabilities.
I have taken account of betterment and depreciation. The Tribunal should return the landlord to the position they would have been in had the tenant not breached their obligations, and not to a better or worse position. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their probable useful lifespan.
The tenant is liable also for the cost of an electrical report necessitated by the severity of the damage to the walls and fixtures.

Tenancy Tribunal case 5154671 — Property damage at 113A Wordsworth Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5154671 — Property damage at 113A Wordsworth Road, Manurewa, Auckland 2102

At a glance

Claims & awards

Order

Reasons

How much does the tenant owe for rent?

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

Claims & awards

Order

Reasons

How much does the tenant owe for rent?

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