What was the outcome of Tenancy Tribunal case 5312741?

The tribunal order states: Panapa Seelu Tepulolo and Faaipo Seelu must pay Kāinga Ora–Homes And

How much money was awarded in case 5312741?

Structure outside house and alterati…: $1,148.84 awarded to landlord; Rubbish Removal: $328.24 awarded to landlord; Rubbish Removal: $352.92 awarded to landlord; Property Damage: $305.00 awarded to landlord

What type of tenancy dispute was case 5312741?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5312741?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13056969-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5312741?

The tribunal order states: Panapa Seelu Tepulolo and Faaipo Seelu must pay Kāinga Ora–Homes And

How much money was awarded in case 5312741?

Structure outside house and alterati…: $1,148.84 awarded to landlord; Rubbish Removal: $328.24 awarded to landlord; Rubbish Removal: $352.92 awarded to landlord; Property Damage: $305.00 awarded to landlord

What type of tenancy dispute was case 5312741?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5312741?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13056969-Tenancy_Tribunal_Order.pdf.

8 Quincey Place, Massey, Auckland 0614 Tenancy Tribunal Case 5312741 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5312741 — net $1,913.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs: 2021	$305.00	Window repairs: 2021
Rubbish removal: 2018	$352.92	Rubbish removal: 2018
Repairs: Structure outside house and alterations to garage	$1,148.84	Repairs: Structure outside house and alterations to garage
Rubbish removal	$328.24	Rubbish removal
Net award	$1,913.00
Total payable by Tenant to Landlord	$1,913.00

Both parties attended the hearing. Kāinga Ora–Homes And Communities was represented by Mr Temu.

Kāinga Ora–Homes And Communities has applied for compensation and refund of the bond 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 “RTA”).

Kāinga Ora–Homes And Communities says the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. They say the tenant left garden beds and general rubbish around the outside of the premises.

The tenants said that on the final day of their tenancy, they were still cleaning and tidying the premises when an agent of Kāinga Ora–Homes And Communities attended and told them that all they needed to do was remove their belongings and Kāinga Ora–Homes And Communities would take care of the rest. On the basis, of this the tenants ceased cleaning, collected their final belongings and left.

Mr Temu said he had no record of this conversation in his notes.

The tenants are elderly people who were calm and considered in making their submissions today. I have no doubt they were telling the truth.

I accept the tenants’ submission that they would have left the outside of the premises tidier, but for the Kāinga Ora–Homes And Communities representative who told them they need not bother.

The tenants did not say they would have removed the garden beds. This is a cost that they are responsible for.

The landlord is also claiming for the cost of providing a skip-bin in 2018. The tenants do not dispute this.

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.

The landlord said that more than ten holes were made in walls and doors during the tenancy, and these amounted to more than fair wear and tear.

The tenants accepted this with the exception of one dent in a caused by a door handle hitting the wall. A door stopper would have prevented this.

Kāinga Ora–Homes And Communities is claiming $460.55 for these damages. The tenants do not dispute this amount.

This claim and amount are proved by consent.

Kāinga Ora–Homes And Communities is also claiming for reglazing a window in 2021. The tenant does not dispute this.

Kāinga Ora–Homes And Communities is also claiming for the removal of a lean- to that had been added on to the outside of the house, and alterations to the garage that had been made without Kāinga Ora–Homes And Communities’ consent.

The tenants accept they made these two alterations. They said that because of the rainy weather they had run out of time to remove these.

The landlord provided photographs, costs schedules and invoices for their claims.

The amounts ordered are proved.

Claims and awards in Tenancy Tribunal application 5312741 — net $1,913.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs: 2021	$305.00	Window repairs: 2021
Rubbish removal: 2018	$352.92	Rubbish removal: 2018
Repairs: Structure outside house and alterations to garage	$1,148.84	Repairs: Structure outside house and alterations to garage
Rubbish removal	$328.24	Rubbish removal
Net award	$1,913.00
Total payable by Tenant to Landlord	$1,913.00

Order

Panapa Seelu Tepulolo and Faaipo Seelu must pay Kāinga Ora–Homes And Communities $1,913.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $222.00 to Kāinga Ora–Homes And Communities immediately.

Reasons

Both parties attended the hearing. Kāinga Ora–Homes And Communities was represented by Mr Temu.
Kāinga Ora–Homes And Communities has applied for compensation and refund of the bond 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 “RTA”).
Kāinga Ora–Homes And Communities says the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. They say the tenant left garden beds and general rubbish around the outside of the premises.
The tenants said that on the final day of their tenancy, they were still cleaning and tidying the premises when an agent of Kāinga Ora–Homes And Communities attended and told them that all they needed to do was remove their belongings and Kāinga Ora–Homes And Communities would take care of the rest. On the basis, of this the tenants ceased cleaning, collected their final belongings and left.
Mr Temu said he had no record of this conversation in his notes.
The tenants are elderly people who were calm and considered in making their submissions today. I have no doubt they were telling the truth.
I accept the tenants’ submission that they would have left the outside of the premises tidier, but for the Kāinga Ora–Homes And Communities representative who told them they need not bother.
The tenants did not say they would have removed the garden beds. This is a cost that they are responsible for.
The landlord is also claiming for the cost of providing a skip-bin in 2018. The tenants do not dispute this.
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.
The landlord said that more than ten holes were made in walls and doors during the tenancy, and these amounted to more than fair wear and tear.
The tenants accepted this with the exception of one dent in a caused by a door handle hitting the wall. A door stopper would have prevented this.
Kāinga Ora–Homes And Communities is claiming $460.55 for these damages. The tenants do not dispute this amount.
This claim and amount are proved by consent.
Kāinga Ora–Homes And Communities is also claiming for reglazing a window in 2021. The tenant does not dispute this.
Kāinga Ora–Homes And Communities is also claiming for the removal of a lean- to that had been added on to the outside of the house, and alterations to the garage that had been made without Kāinga Ora–Homes And Communities’ consent.
The tenants accept they made these two alterations. They said that because of the rainy weather they had run out of time to remove these.
The landlord provided photographs, costs schedules and invoices for their claims.
The amounts ordered are proved.

Tenancy Tribunal case 5312741 — Property damage at 8 Quincey Place, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 5312741 — Property damage at 8 Quincey Place, Massey, Auckland 0614

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