What was the outcome of Tenancy Tribunal case 5214692?

The tribunal order states: Ngaireen Ioramo must pay Kāinga Ora–Homes and Communities $7,850.57

How much money was awarded in case 5214692?

Cleaning: $678.61 awarded to landlord; Cleaning: $162.46 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Property Damage: $173.36 awarded to landlord; Property Damage: $27.07 awarded to landlord; Property Damage: $241.93 awarded to landlord; Removal Of Illegal Structure: $284.70 awarded to landlord; Rent Arrears: $2,919.42 awarded to landlord; Rubbish Removal: $3,118.28 awarded to landlord; Rubbish Removal: $302.74 awarded to landlord

What type of tenancy dispute was case 5214692?

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

Where can I read the official tribunal order for case 5214692?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12161320-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5214692?

The tribunal order states: Ngaireen Ioramo must pay Kāinga Ora–Homes and Communities $7,850.57

How much money was awarded in case 5214692?

Cleaning: $678.61 awarded to landlord; Cleaning: $162.46 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Property Damage: $173.36 awarded to landlord; Property Damage: $27.07 awarded to landlord; Property Damage: $241.93 awarded to landlord; Removal Of Illegal Structure: $284.70 awarded to landlord; Rent Arrears: $2,919.42 awarded to landlord; Rubbish Removal: $3,118.28 awarded to landlord; Rubbish Removal: $302.74 awarded to landlord

What type of tenancy dispute was case 5214692?

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

Where can I read the official tribunal order for case 5214692?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12161320-Tenancy_Tribunal_Order.pdf.

25 McKinstry Avenue, Mangere East, Auckland 2024 Tenancy Tribunal Case 5214692 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5214692 — net $7,850.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31.1.2025	$2,919.42	Rent arrears to 31.1.2025
Cleaning: stove & oven	$162.46	Cleaning: stove & oven
Cleaning: general	$678.61	Cleaning: general
Rubbish removal	$3,118.28	Rubbish removal
Rubbish removal: tyres	$302.74	Rubbish removal: tyres
Removal of illegal structure	$284.70	Removal of illegal structure
Repair of walls	$173.36	Repair of walls
Repair of door	$27.07	Repair of door
Repair to gate	$241.93	Repair to gate
Lawns and garden work	$150.00	Lawns and garden work
Net award	$7,850.57
Total payable by Tenant to Landlord	$7,850.57

Only the landlord, represented by Ms Gray, attended the hearing. The start of the hearing was delayed, and the matter was called for a second time. The tenant still did not attend. As the tenant has been notified, the hearing proceeded in her absence.

The landlord has applied for rent arrears, compensation, and payment from the bond following the end of the tenancy.

How much is owed for rent?

The tenancy was terminated on 11 December 2024 following an order of the Tribunal. The landlord states that the tenant remained in possession beyond this date, with the tenancy ending on 31 January 2025, being the date the locks were changed. The tenant had left and did not return the keys. Based on the landlord’s rent records and oral evidence, the amount owed for rent at the end of the tenancy has been established.

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) of the Residential Tenancies Act 1986 (the RTA).

The evidence shows that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided an inspection report with photographs showing the condition of the premises at the end of the tenancy. The photographs show that the stove/oven, and the interior of the house required cleaning. A further report, showing the condition of the premises early in the tenancy was also provided.

At the end of the tenancy there were large items, including mattresses, furniture, fridge/freezer, household goods, and other rubbish left at the premises, which the landlord had to arrange for removal and disposal. There were also tyres that had to be separately disposed of, and an illegal structure that had to be removed. The landlord states that 19 cubic metres of rubbish was removed.

Some further gardening work was needed, although the landlord has revised its claim for gardening costs to $150.00. In view of the evidence provided, this is considered to be reasonable.

The landlord no longer seeks the cost of removing the banana trees and taro plants.

The claims established by the landlord are ordered above. General principles regarding responsibility for damage

The landlord seeks compensation for tenant damage. Where compensation for damage is being claimed, 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 of the RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) of the 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) of the 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.

When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, the landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. The landlord’s claim for compensation for tenant damage

On the basis of the landlord’s evidence, I am satisfied that the following damage was caused during the tenancy: • Wall damage: there was damage to walls in bedrooms 2 and 3, and the toilet. • Cupboard door: the doorknob to the hallway cupboard was missing, and had to be replaced. • Gate: the gate had come off its hinge, and the latch was missing.

The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Filing fee

While successful, the landlord does not seek the filing fee.

Claims and awards in Tenancy Tribunal application 5214692 — net $7,850.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31.1.2025	$2,919.42	Rent arrears to 31.1.2025
Cleaning: stove & oven	$162.46	Cleaning: stove & oven
Cleaning: general	$678.61	Cleaning: general
Rubbish removal	$3,118.28	Rubbish removal
Rubbish removal: tyres	$302.74	Rubbish removal: tyres
Removal of illegal structure	$284.70	Removal of illegal structure
Repair of walls	$173.36	Repair of walls
Repair of door	$27.07	Repair of door
Repair to gate	$241.93	Repair to gate
Lawns and garden work	$150.00	Lawns and garden work
Net award	$7,850.57
Total payable by Tenant to Landlord	$7,850.57

Order

Ngaireen Ioramo must pay Kāinga Ora–Homes and Communities $7,850.57 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $208.00 (3599642-005) to Kāinga Ora– Homes and Communities immediately.

Reasons

Only the landlord, represented by Ms Gray, attended the hearing. The start of the hearing was delayed, and the matter was called for a second time. The tenant still did not attend. As the tenant has been notified, the hearing proceeded in her absence.
The landlord has applied for rent arrears, compensation, and payment from the bond following the end of the tenancy.

How much is owed for rent?

The tenancy was terminated on 11 December 2024 following an order of the Tribunal. The landlord states that the tenant remained in possession beyond this date, with the tenancy ending on 31 January 2025, being the date the locks were changed. The tenant had left and did not return the keys. Based on the landlord’s rent records and oral evidence, the amount owed for rent at the end of the tenancy has been established.

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) of the Residential Tenancies Act 1986 (the RTA).
The evidence shows that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided an inspection report with photographs showing the condition of the premises at the end of the tenancy. The photographs show that the stove/oven, and the interior of the house required cleaning. A further report, showing the condition of the premises early in the tenancy was also provided.
At the end of the tenancy there were large items, including mattresses, furniture, fridge/freezer, household goods, and other rubbish left at the premises, which the landlord had to arrange for removal and disposal. There were also tyres that had to be separately disposed of, and an illegal structure that had to be removed. The landlord states that 19 cubic metres of rubbish was removed.
Some further gardening work was needed, although the landlord has revised its claim for gardening costs to $150.00. In view of the evidence provided, this is considered to be reasonable.
The landlord no longer seeks the cost of removing the banana trees and taro plants.
The claims established by the landlord are ordered above. General principles regarding responsibility for damage
The landlord seeks compensation for tenant damage. Where compensation for damage is being claimed, 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) of the 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) of the 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.
When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, the landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. The landlord’s claim for compensation for tenant damage
On the basis of the landlord’s evidence, I am satisfied that the following damage was caused during the tenancy: • Wall damage: there was damage to walls in bedrooms 2 and 3, and the toilet. • Cupboard door: the doorknob to the hallway cupboard was missing, and had to be replaced. • Gate: the gate had come off its hinge, and the latch was missing.
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee
While successful, the landlord does not seek the filing fee.

Tenancy Tribunal case 5214692 — Rent arrears at 25 McKinstry Avenue, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 5214692 — Rent arrears at 25 McKinstry Avenue, Mangere East, Auckland 2024

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions