What was the outcome of Tenancy Tribunal case 5214317?

The tribunal order states: Trinity Tatiana Awhi Thompson must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5214317?

Cleaning: $455.85 awarded to landlord; Lawns and Garden Work: $60.00 awarded to landlord; Rent Credit At The End Of Tenancy: $545.25 awarded to tenant; Rubbish Removal: $908.22 awarded to landlord; Property Damage: $601.11 awarded to landlord

What type of tenancy dispute was case 5214317?

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

Where can I read the official tribunal order for case 5214317?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12181184-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5214317?

The tribunal order states: Trinity Tatiana Awhi Thompson must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5214317?

Cleaning: $455.85 awarded to landlord; Lawns and Garden Work: $60.00 awarded to landlord; Rent Credit At The End Of Tenancy: $545.25 awarded to tenant; Rubbish Removal: $908.22 awarded to landlord; Property Damage: $601.11 awarded to landlord

What type of tenancy dispute was case 5214317?

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

Where can I read the official tribunal order for case 5214317?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12181184-Tenancy_Tribunal_Order.pdf.

3F Dawson Road, Otara, Auckland 2023 Tenancy Tribunal Case 5214317 — Property damage

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3F Dawson Road, Otara, Auckland 2023 Tenancy Tribunal Case 5214317 — 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 5214317 — net $1,479.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$455.85		Cleaning
Rubbish removal	$908.22		Rubbish removal
Window repairs: Ranchslider	$601.11		Window repairs: Ranchslider
Lawns and Garden work	$60.00		Lawns and Garden work
Rent credit at the end of tenancy		$545.25	Rent credit at the end of tenancy
Total award	$2,025.18	$545.25
Net award	$1,479.93
Total payable by Tenant to Landlord	$1,479.93

Claims and awards for application 5214317 — net $1,479.93 NZD. Verify on MoJ.

Cleaning

Amount: $455.85
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $908.22
Awarded to: Landlord
Reason: Rubbish removal

Window repairs: Ranchslider

Amount: $601.11
Awarded to: Landlord
Reason: Window repairs: Ranchslider

Lawns and Garden work

Amount: $60.00
Awarded to: Landlord
Reason: Lawns and Garden work

Rent credit at the end of tenancy

Amount: $545.25
Awarded to: Tenant
Reason: Rent credit at the end of tenancy

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Rubbish Removal Property damage

Order

Trinity Tatiana Awhi Thompson must pay Kāinga Ora–Homes And Communities $1,479.93 immediately, calculated as shown in table below.

Reasons

The landlord attended today’s hearing. The tenant was called twice on both the number in the tenancy agreement and the number she gave the landlord at the end of her tenancy, but none of the calls were answered.
I am satisfied that the tenant was aware of today’s hearing because she was served at an address she told the landlord she was moving to at the end of the tenancy, and I have proceeded in her absence.
At the end of the tenancy the tenant was in credit of $545.25 and I have applied the credit to the amounts owed by her.
The landlord has applied for compensation for cleaning, rubbish removal window glazing and lawn mowing following the end of the tenancy.
The tenancy ended on the 22 January 2025 after the tenant gave notice. A vacated inspection was completed on the 22 January 2025 and the landlord has provided photographs of the inspection to the Tribunal.
The landlord says that the tenancy manager tried to contact the tenant after the inspection to ensure that she did not want any items left at the property, but the tenant did not respond.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. A significant amount of belongings and rubbish was left inside and outside the property.
The landlord had to remove and dispose of the rubbish and belongings. None of the belongings had any value above the costs of storing and transporting them.
The lawns needed mowing and line trimming around the edges. The landlord sought $113.20 for this work, but that is unreasonable for the size of the lawn and the condition of the property. I have therefore awarded $60.00
The amounts ordered for cleaning and rubbish removal 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.
There was a broken windowpane in the ranch slider. The tenant had put up some boarding but had not had the glass repaired.
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 & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5214317 — net $1,479.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$455.85		Cleaning
Rubbish removal	$908.22		Rubbish removal
Window repairs: Ranchslider	$601.11		Window repairs: Ranchslider
Lawns and Garden work	$60.00		Lawns and Garden work
Rent credit at the end of tenancy		$545.25	Rent credit at the end of tenancy
Total award	$2,025.18	$545.25
Net award	$1,479.93
Total payable by Tenant to Landlord	$1,479.93

Claims and awards for application 5214317 — net $1,479.93 NZD. Verify on MoJ.

Cleaning

Amount: $455.85
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $908.22
Awarded to: Landlord
Reason: Rubbish removal

Window repairs: Ranchslider

Amount: $601.11
Awarded to: Landlord
Reason: Window repairs: Ranchslider

Lawns and Garden work

Amount: $60.00
Awarded to: Landlord
Reason: Lawns and Garden work

Rent credit at the end of tenancy

Amount: $545.25
Awarded to: Tenant
Reason: Rent credit at the end of tenancy

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Rubbish Removal Property damage

Order

Trinity Tatiana Awhi Thompson must pay Kāinga Ora–Homes And Communities $1,479.93 immediately, calculated as shown in table below.

Reasons

The landlord attended today’s hearing. The tenant was called twice on both the number in the tenancy agreement and the number she gave the landlord at the end of her tenancy, but none of the calls were answered.
I am satisfied that the tenant was aware of today’s hearing because she was served at an address she told the landlord she was moving to at the end of the tenancy, and I have proceeded in her absence.
At the end of the tenancy the tenant was in credit of $545.25 and I have applied the credit to the amounts owed by her.
The landlord has applied for compensation for cleaning, rubbish removal window glazing and lawn mowing following the end of the tenancy.
The tenancy ended on the 22 January 2025 after the tenant gave notice. A vacated inspection was completed on the 22 January 2025 and the landlord has provided photographs of the inspection to the Tribunal.
The landlord says that the tenancy manager tried to contact the tenant after the inspection to ensure that she did not want any items left at the property, but the tenant did not respond.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. A significant amount of belongings and rubbish was left inside and outside the property.
The landlord had to remove and dispose of the rubbish and belongings. None of the belongings had any value above the costs of storing and transporting them.
The lawns needed mowing and line trimming around the edges. The landlord sought $113.20 for this work, but that is unreasonable for the size of the lawn and the condition of the property. I have therefore awarded $60.00
The amounts ordered for cleaning and rubbish removal 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.
There was a broken windowpane in the ranch slider. The tenant had put up some boarding but had not had the glass repaired.
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 5214317 — Property damage at 3F Dawson Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5214317 — Property damage at 3F Dawson Road, Otara, Auckland 2023

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