What was the outcome of Tenancy Tribunal case 5194011?

The tribunal order states: SHANNON XIONTELLE NO PAITI must pay Kāinga Ora–Homes And

How much money was awarded in case 5194011?

Cleaning: $455.85 awarded to landlord; Cleaning: $162.46 awarded to landlord; Property Damage: $246.03 awarded to landlord; Hallway Door: $246.03 awarded to landlord; Property Damage: $64.77 awarded to landlord; Property Damage: $64.77 awarded to landlord; Property Damage: $439.70 awarded to landlord; Property Damage: $461.68 awarded to landlord; Property Damage: $758.47 awarded to landlord; Replace Furnishings: Hallway Carpet: $120.69 awarded to landlord; Rubbish Removal: $75.69 awarded to landlord; Rubbish Removal: $328.24 awarded to landlord

What type of tenancy dispute was case 5194011?

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

Where can I read the official tribunal order for case 5194011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12015993-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5194011?

The tribunal order states: SHANNON XIONTELLE NO PAITI must pay Kāinga Ora–Homes And

How much money was awarded in case 5194011?

Cleaning: $455.85 awarded to landlord; Cleaning: $162.46 awarded to landlord; Property Damage: $246.03 awarded to landlord; Hallway Door: $246.03 awarded to landlord; Property Damage: $64.77 awarded to landlord; Property Damage: $64.77 awarded to landlord; Property Damage: $439.70 awarded to landlord; Property Damage: $461.68 awarded to landlord; Property Damage: $758.47 awarded to landlord; Replace Furnishings: Hallway Carpet: $120.69 awarded to landlord; Rubbish Removal: $75.69 awarded to landlord; Rubbish Removal: $328.24 awarded to landlord

What type of tenancy dispute was case 5194011?

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

Where can I read the official tribunal order for case 5194011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12015993-Tenancy_Tribunal_Order.pdf.

Unit/Flat 101, 186 Wordsworth Road, Manurewa, Auckland Tenancy Tribunal Case 5194011 — Property damage

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Unit/Flat 101, 186 Wordsworth Road, Manurewa, Auckland Tenancy Tribunal Case 5194011 — 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 5194011 — net $3,424.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: Inside property	$75.69	Rubbish removal: Inside property
Cleaning	$455.85	Cleaning
Replace furnishings: Carpet replacement living room	$758.47	Replace furnishings: Carpet replacement living room
Repairs: Wall repairs living room	$64.77	Repairs: Wall repairs living room
Oven/stove cleaning	$162.46	Oven/stove cleaning
Replace furnishings: hallway carpet	$120.69	Replace furnishings: hallway carpet
Repairs: hallway door	$246.03	Repairs: hallway door
Repairs: Hallway wall repairs	$64.77	Repairs: Hallway wall repairs
Replace furnishings: Carpet replacement bedroom 1	$439.70	Replace furnishings: Carpet replacement bedroom 1
Repairs: door repairs bedroom 1	$246.03	Repairs: door repairs bedroom 1
Replace furnishings: carpet replacement bedroom 2	$461.68	Replace furnishings: carpet replacement bedroom 2
Rubbish removal: Outside	$328.24	Rubbish removal: Outside
Net award	$3,424.38
Total payable by Tenant to Landlord	$3,424.38

Claims and awards for application 5194011 — net $3,424.38 NZD. Verify on MoJ.

Rubbish removal: Inside property

Amount: $75.69
Awarded to: Landlord
Reason: Rubbish removal: Inside property

Cleaning

Amount: $455.85
Awarded to: Landlord
Reason: Cleaning

Replace furnishings: Carpet replacement living room

Amount: $758.47
Awarded to: Landlord
Reason: Replace furnishings: Carpet replacement living room

Repairs: Wall repairs living room

Amount: $64.77
Awarded to: Landlord
Reason: Repairs: Wall repairs living room

Oven/stove cleaning

Amount: $162.46
Awarded to: Landlord
Reason: Oven/stove cleaning

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

SHANNON XIONTELLE NO PAITI must pay Kāinga Ora–Homes And Communities $3,424.38 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing via remote video conference. An attempt was made to contact the tenant on the telephone number provided. The attempt was unsuccessful.
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 leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided comprehensive photographic evidence confirming the state of the premises at the end of the tenancy. The tenant left behind significant rubbish, both inside and outside the property and other personal items which had to be disposed of. The premises were not left in a clean and tidy state. The oven also required extensive cleaning.
The landlord provided an expense ledger in support of the amounts claimed. Having sighted this evidence I am satisfied that the tenant is responsible for the amounts claimed for cleaning and rubbish removal.
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: significant damage to carpet, walls and internal doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find the damage caused was intentional.
The landlord provided photographic evidence of the damage. The damage included holes in walls and doors. There was also obvious staining throughout the carpet in the house. The landlord confirmed during the hearing that the carpet could not cleaned and had to be replaced. The evidence also confirmed holes in walls and internal doors which required professional repair work to be undertaken.
The amounts ordered are proved.
The landlord applied depreciation in respect of the carpet replacement claims, taking into account the age and condition of the carpet at the start of the tenancy and their useful lifespan.
The landlord does not seek reimbursement of the 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 5194011 — net $3,424.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: Inside property	$75.69	Rubbish removal: Inside property
Cleaning	$455.85	Cleaning
Replace furnishings: Carpet replacement living room	$758.47	Replace furnishings: Carpet replacement living room
Repairs: Wall repairs living room	$64.77	Repairs: Wall repairs living room
Oven/stove cleaning	$162.46	Oven/stove cleaning
Replace furnishings: hallway carpet	$120.69	Replace furnishings: hallway carpet
Repairs: hallway door	$246.03	Repairs: hallway door
Repairs: Hallway wall repairs	$64.77	Repairs: Hallway wall repairs
Replace furnishings: Carpet replacement bedroom 1	$439.70	Replace furnishings: Carpet replacement bedroom 1
Repairs: door repairs bedroom 1	$246.03	Repairs: door repairs bedroom 1
Replace furnishings: carpet replacement bedroom 2	$461.68	Replace furnishings: carpet replacement bedroom 2
Rubbish removal: Outside	$328.24	Rubbish removal: Outside
Net award	$3,424.38
Total payable by Tenant to Landlord	$3,424.38

Claims and awards for application 5194011 — net $3,424.38 NZD. Verify on MoJ.

Rubbish removal: Inside property

Amount: $75.69
Awarded to: Landlord
Reason: Rubbish removal: Inside property

Cleaning

Amount: $455.85
Awarded to: Landlord
Reason: Cleaning

Replace furnishings: Carpet replacement living room

Amount: $758.47
Awarded to: Landlord
Reason: Replace furnishings: Carpet replacement living room

Repairs: Wall repairs living room

Amount: $64.77
Awarded to: Landlord
Reason: Repairs: Wall repairs living room

Oven/stove cleaning

Amount: $162.46
Awarded to: Landlord
Reason: Oven/stove cleaning

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

SHANNON XIONTELLE NO PAITI must pay Kāinga Ora–Homes And Communities $3,424.38 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing via remote video conference. An attempt was made to contact the tenant on the telephone number provided. The attempt was unsuccessful.
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 leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided comprehensive photographic evidence confirming the state of the premises at the end of the tenancy. The tenant left behind significant rubbish, both inside and outside the property and other personal items which had to be disposed of. The premises were not left in a clean and tidy state. The oven also required extensive cleaning.
The landlord provided an expense ledger in support of the amounts claimed. Having sighted this evidence I am satisfied that the tenant is responsible for the amounts claimed for cleaning and rubbish removal.
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: significant damage to carpet, walls and internal doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find the damage caused was intentional.
The landlord provided photographic evidence of the damage. The damage included holes in walls and doors. There was also obvious staining throughout the carpet in the house. The landlord confirmed during the hearing that the carpet could not cleaned and had to be replaced. The evidence also confirmed holes in walls and internal doors which required professional repair work to be undertaken.
The amounts ordered are proved.
The landlord applied depreciation in respect of the carpet replacement claims, taking into account the age and condition of the carpet at the start of the tenancy and their useful lifespan.
The landlord does not seek reimbursement of the filing fee.

Tenancy Tribunal case 5194011 — Property damage at Unit/Flat 101, 186 Wordsworth Road, Manurewa, Auckland

At a glance

Tenancy Tribunal case 5194011 — Property damage at Unit/Flat 101, 186 Wordsworth Road, Manurewa, Auckland

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