What was the outcome of Tenancy Tribunal case 5195871?

The tribunal order states: Tania Anne Broughton must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5195871?

Cleaning: $214.50 awarded to landlord; Gardening: $180.99 awarded to landlord; Property Damage: $697.30 awarded to landlord; Property Damage: $907.66 awarded to landlord; Replace Heat Pump Remote: $83.21 awarded to landlord; Rubbish Removal: $4,977.63 awarded to landlord; Rubbish Removal: $2,421.92 awarded to landlord

What type of tenancy dispute was case 5195871?

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

Where can I read the official tribunal order for case 5195871?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12000388-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5195871?

The tribunal order states: Tania Anne Broughton must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5195871?

Cleaning: $214.50 awarded to landlord; Gardening: $180.99 awarded to landlord; Property Damage: $697.30 awarded to landlord; Property Damage: $907.66 awarded to landlord; Replace Heat Pump Remote: $83.21 awarded to landlord; Rubbish Removal: $4,977.63 awarded to landlord; Rubbish Removal: $2,421.92 awarded to landlord

What type of tenancy dispute was case 5195871?

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

Where can I read the official tribunal order for case 5195871?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12000388-Tenancy_Tribunal_Order.pdf.

56 Valentine Street, Papakura, Papakura 2110 Tenancy Tribunal Case 5195871 — Property damage

Claims and awards in Tenancy Tribunal application 5195871 — net $9,483.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Charges/damages incurred during tenancy	$697.30	Charges/damages incurred during tenancy
Exterior rubbish removal	$4,977.63	Exterior rubbish removal
Interior rubbish removal	$2,421.92	Interior rubbish removal
Gardening	$180.99	Gardening
Cleaning	$214.50	Cleaning
Replace heat pump remote	$83.21	Replace heat pump remote
Repairs post-tenancy	$907.66	Repairs post-tenancy
Net award	$9,483.21
Total payable by Tenant to Landlord	$9,483.21

Order

Tania Anne Broughton must pay Kāinga Ora–Homes And Communities $9,483.21 immediately, calculated as shown in table below.

Reasons

Mr Campbell, representing the landlord, attended the teleconference hearing. The two phone numbers for the tenant, the last three digits being 425 and 865 respectively, were each called twice without any response. As the tenant was served, the hearing proceeded in her absence.
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 landlord said the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided an Entry Inspection Report dated 19 April 2016 and an Exit Inspection Report dated 23 September 2024. Both reports contained photographs of the condition of the property at the time.
The landlord claimed $4,923.60 for removal of exterior rubbish, $54.03 to remove tyres, $2,421.92 for removal of interior rubbish, $180.99 for mowing and slashing the grass and disposing of clippings, $162.46 for cleaning the stove and oven, $52.04 for cleaning the filter on the rangehood in the kitchen and $83.21 to replace the heat pump remote. Exterior rubbish removal
The photographs in the Exit Inspection Report in relation to the landlord’s claim for removal of exterior rubbish showed extensive large items and rubbish all over the outside of the property, jammed in between the house and garage and in the garage, and strewn across the outside of the property. This included rubbish, boxes, tarpaulin, big pot plants lounge suites, gates, metal fence, tables, chairs, fridges, washing machines, multiple shopping trolleys, bikes, freezer, clothing, wheelbarrow, lawn mower, buckets, clothes on the washing line, corrugated iron, wood, organic garden waste, mats, brick, water barrel filled with rubbish, tools, moving trolley, baskets, bed frames, mattress, building materials, sink, rubbish bins and bags full of rubbish, TV cabinet, BBQ, paint barrel and a light fitting, amongst other items.
The landlord said that 30 cubic metres of rubbish was removed from the outside of the property and garage and disposed of, and claimed $4,923.60 for this, providing a work order for this.
The landlord explained that the removal of tyres found at any property is charged for separately and that here 3 tyres were found at the property that had to be removed and disposed of, with a claim for $54,03. I find this claim to be reasonable given the evidence of the tyres in the photographs provided.
Given the extensive amount of exterior rubbish and large items left outside the property, shown in the Exit Inspection Report photographs, I find the landlord’s claim reasonable and award the landlord $4,923.60 for the removal and disposal of rubbish left outside the property and in the garage at the end of the tenancy, as well as $54.03 to remove and dispose of 3 tyres, for a total of $4,977.63. Interior rubbish removal
The photographs in the Exit Inspection Report that related to the landlord’s claim for removal and disposal of rubbish left inside the property at the end of the tenancy showed sheets left over windows, rubbish strewn across floors, mirror, big cabinet, fridge/freezer, piano, food in the kitchen cupboards and bench, kitchen utensils and other items, rubbish bags with rubbish, clothes in wardrobes, shower caddy, rubbish in the bedrooms, hand basin, shower hose, radio, wood, drawers, bathroom items, vase, washing machine, shelf unit, clothing in the laundry area, shoes and toys, amongst other items left by the tenant.
The landlord said that 16 cubic metres of rubbish was removed and disposed of from the interior of the property, claimed $2,421.92 for this and provided a work order to this effect.
Given the extensive amount of rubbish, with large items, left by the tenant inside the property at the end of the tenancy, I find the landlord’s claim reasonable, given the evidence in the report and photographs. Therefore, I award the landlord $2,421.92 to remove and dispose of rubbish left inside the property by the tenant at the end of the tenancy. Gardening
The landlord claimed $180.99 for mowing and slashing overgrown grass and disposing of clippings. The photographs in the Exit Inspection Report showed the grass was overgrown with weeds and had not been maintained by the tenant. Given the evidence, I find the cost claimed by the landlord to mow and slash the grass and dispose of the clipping, of $180.99, to be reasonable and award this to the landlord. Cleaning
The landlord claimed $162.46 to clean the stove and oven and $52.04 to clean the filter in the kitchen rangehood. The photographs in the Exit Inspection Report showed a very dirty stove top and oven and a black colour dirty filter in the rangehood. Given the evidence, I find the tenant did not leave the property reasonably clean and tidy and find the landlord’s claims for cleaning to be reasonable. Therefore, I award the landlord a total of $214.50 for cleaning at the end of the tenancy. Heat pump remote
The tenant is required to return all chattels at the end of the tenancy. The landlord said the tenant cracked the heat pump remote and that it was not working properly at the end of the tenancy and had to be replaced. The landlord provided a photograph of this and claimed $83.21 to replace the heat pump remote, which I find is reasonable and award to the landlord.
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: Charges and damages incurred during the tenancy
The landlord claimed $697.30 for charges/damages incurred by the tenant during the tenancy. The landlord said the tenant had requested 2 skip bins @ $350.00 each on 19 November 2022 and on 4 December 2023, had asked for 4 cockroach fumigations @ $159.00 each on 8 June 2023, 24 October 2023, 15 April 2024 and on 10 June 2024. Further, the landlord said the tenant incurred a cost of $699.59 on 3 December 2022 to replace 2 bedroom doors, patch 2 holes in the entry walls, patch 3 holes in the toilet walls and reglaze a window in the bathroom. The total of these charges and damages incurred during the tenancy came to $2,035.59. The landlord said the tenant accepted liability for all these charges and damages and produced an itemised statement of all these charges and damages incurred, as well as details of all payments made by the tenant for these charges up to 22 October 2024, at which date the balance left owing for these charges and damages was $697.30.
I accept from the regular payments made by the tenant over the period of the tenancy towards these charges and damages, that the tenant accepted liability for them and that the balance owing for these charges and damages incurred during the tenancy was $697.30 as at 22 October 2024. Therefore, I award the landlord $697.30 for these charges and damages incurred during the tenancy. Damages post-tenancy
As regards damages discovered by the landlord following the end of the tenancy, the landlord itemised numerous items that had to be repaired, including multiple door knobs, a wardrobe rail, trims required to be replaced in various rooms, windows to be reglazed, numerous holes in walls throughout the property to be plastered and stopped (no painting was claimed for these), and a toilet roll holder repair, that totalled a claim for $907.66.
The landlord went through each item claimed and showed photographs confirming the requirement for each repair claimed, using the photographs in the Exit Inspection Report. The landlord provided a work order for all items claimed for repair that were damaged or had to be replaced.
I find the landlord has proved their claim for all the repairs claimed and award the landlord $907.66 for damages that had to be repaired at the end of the tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Claims and awards in Tenancy Tribunal application 5195871 — net $9,483.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Charges/damages incurred during tenancy	$697.30	Charges/damages incurred during tenancy
Exterior rubbish removal	$4,977.63	Exterior rubbish removal
Interior rubbish removal	$2,421.92	Interior rubbish removal
Gardening	$180.99	Gardening
Cleaning	$214.50	Cleaning
Replace heat pump remote	$83.21	Replace heat pump remote
Repairs post-tenancy	$907.66	Repairs post-tenancy
Net award	$9,483.21
Total payable by Tenant to Landlord	$9,483.21

Order

Tania Anne Broughton must pay Kāinga Ora–Homes And Communities $9,483.21 immediately, calculated as shown in table below.

Reasons

Mr Campbell, representing the landlord, attended the teleconference hearing. The two phone numbers for the tenant, the last three digits being 425 and 865 respectively, were each called twice without any response. As the tenant was served, the hearing proceeded in her absence.
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 landlord said the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided an Entry Inspection Report dated 19 April 2016 and an Exit Inspection Report dated 23 September 2024. Both reports contained photographs of the condition of the property at the time.
The landlord claimed $4,923.60 for removal of exterior rubbish, $54.03 to remove tyres, $2,421.92 for removal of interior rubbish, $180.99 for mowing and slashing the grass and disposing of clippings, $162.46 for cleaning the stove and oven, $52.04 for cleaning the filter on the rangehood in the kitchen and $83.21 to replace the heat pump remote. Exterior rubbish removal
The photographs in the Exit Inspection Report in relation to the landlord’s claim for removal of exterior rubbish showed extensive large items and rubbish all over the outside of the property, jammed in between the house and garage and in the garage, and strewn across the outside of the property. This included rubbish, boxes, tarpaulin, big pot plants lounge suites, gates, metal fence, tables, chairs, fridges, washing machines, multiple shopping trolleys, bikes, freezer, clothing, wheelbarrow, lawn mower, buckets, clothes on the washing line, corrugated iron, wood, organic garden waste, mats, brick, water barrel filled with rubbish, tools, moving trolley, baskets, bed frames, mattress, building materials, sink, rubbish bins and bags full of rubbish, TV cabinet, BBQ, paint barrel and a light fitting, amongst other items.
The landlord said that 30 cubic metres of rubbish was removed from the outside of the property and garage and disposed of, and claimed $4,923.60 for this, providing a work order for this.
The landlord explained that the removal of tyres found at any property is charged for separately and that here 3 tyres were found at the property that had to be removed and disposed of, with a claim for $54,03. I find this claim to be reasonable given the evidence of the tyres in the photographs provided.
Given the extensive amount of exterior rubbish and large items left outside the property, shown in the Exit Inspection Report photographs, I find the landlord’s claim reasonable and award the landlord $4,923.60 for the removal and disposal of rubbish left outside the property and in the garage at the end of the tenancy, as well as $54.03 to remove and dispose of 3 tyres, for a total of $4,977.63. Interior rubbish removal
The photographs in the Exit Inspection Report that related to the landlord’s claim for removal and disposal of rubbish left inside the property at the end of the tenancy showed sheets left over windows, rubbish strewn across floors, mirror, big cabinet, fridge/freezer, piano, food in the kitchen cupboards and bench, kitchen utensils and other items, rubbish bags with rubbish, clothes in wardrobes, shower caddy, rubbish in the bedrooms, hand basin, shower hose, radio, wood, drawers, bathroom items, vase, washing machine, shelf unit, clothing in the laundry area, shoes and toys, amongst other items left by the tenant.
The landlord said that 16 cubic metres of rubbish was removed and disposed of from the interior of the property, claimed $2,421.92 for this and provided a work order to this effect.
Given the extensive amount of rubbish, with large items, left by the tenant inside the property at the end of the tenancy, I find the landlord’s claim reasonable, given the evidence in the report and photographs. Therefore, I award the landlord $2,421.92 to remove and dispose of rubbish left inside the property by the tenant at the end of the tenancy. Gardening
The landlord claimed $180.99 for mowing and slashing overgrown grass and disposing of clippings. The photographs in the Exit Inspection Report showed the grass was overgrown with weeds and had not been maintained by the tenant. Given the evidence, I find the cost claimed by the landlord to mow and slash the grass and dispose of the clipping, of $180.99, to be reasonable and award this to the landlord. Cleaning
The landlord claimed $162.46 to clean the stove and oven and $52.04 to clean the filter in the kitchen rangehood. The photographs in the Exit Inspection Report showed a very dirty stove top and oven and a black colour dirty filter in the rangehood. Given the evidence, I find the tenant did not leave the property reasonably clean and tidy and find the landlord’s claims for cleaning to be reasonable. Therefore, I award the landlord a total of $214.50 for cleaning at the end of the tenancy. Heat pump remote
The tenant is required to return all chattels at the end of the tenancy. The landlord said the tenant cracked the heat pump remote and that it was not working properly at the end of the tenancy and had to be replaced. The landlord provided a photograph of this and claimed $83.21 to replace the heat pump remote, which I find is reasonable and award to the landlord.
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: Charges and damages incurred during the tenancy
The landlord claimed $697.30 for charges/damages incurred by the tenant during the tenancy. The landlord said the tenant had requested 2 skip bins @ $350.00 each on 19 November 2022 and on 4 December 2023, had asked for 4 cockroach fumigations @ $159.00 each on 8 June 2023, 24 October 2023, 15 April 2024 and on 10 June 2024. Further, the landlord said the tenant incurred a cost of $699.59 on 3 December 2022 to replace 2 bedroom doors, patch 2 holes in the entry walls, patch 3 holes in the toilet walls and reglaze a window in the bathroom. The total of these charges and damages incurred during the tenancy came to $2,035.59. The landlord said the tenant accepted liability for all these charges and damages and produced an itemised statement of all these charges and damages incurred, as well as details of all payments made by the tenant for these charges up to 22 October 2024, at which date the balance left owing for these charges and damages was $697.30.
I accept from the regular payments made by the tenant over the period of the tenancy towards these charges and damages, that the tenant accepted liability for them and that the balance owing for these charges and damages incurred during the tenancy was $697.30 as at 22 October 2024. Therefore, I award the landlord $697.30 for these charges and damages incurred during the tenancy. Damages post-tenancy
As regards damages discovered by the landlord following the end of the tenancy, the landlord itemised numerous items that had to be repaired, including multiple door knobs, a wardrobe rail, trims required to be replaced in various rooms, windows to be reglazed, numerous holes in walls throughout the property to be plastered and stopped (no painting was claimed for these), and a toilet roll holder repair, that totalled a claim for $907.66.
The landlord went through each item claimed and showed photographs confirming the requirement for each repair claimed, using the photographs in the Exit Inspection Report. The landlord provided a work order for all items claimed for repair that were damaged or had to be replaced.
I find the landlord has proved their claim for all the repairs claimed and award the landlord $907.66 for damages that had to be repaired at the end of the tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 5195871 — Property damage at 56 Valentine Street, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 5195871 — Property damage at 56 Valentine Street, Papakura, Papakura 2110

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