What was the outcome of Tenancy Tribunal case 5352302?

The tribunal order states: Zyan Jessie J Carlyle must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5352302?

Pest Control: $159.00 awarded to landlord; Property Damage: $2,500.00 awarded to landlord; Decking: $72.45 awarded to landlord; Kitchen Vinyl: $91.00 awarded to landlord; Walls: $800.42 awarded to landlord; Replace Furnishings: Curtains: $240.00 awarded to landlord; Rubbish Removal: $1,254.75 awarded to landlord

What type of tenancy dispute was case 5352302?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5352302?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13224242-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5352302?

The tribunal order states: Zyan Jessie J Carlyle must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5352302?

Pest Control: $159.00 awarded to landlord; Property Damage: $2,500.00 awarded to landlord; Decking: $72.45 awarded to landlord; Kitchen Vinyl: $91.00 awarded to landlord; Walls: $800.42 awarded to landlord; Replace Furnishings: Curtains: $240.00 awarded to landlord; Rubbish Removal: $1,254.75 awarded to landlord

What type of tenancy dispute was case 5352302?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5352302?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13224242-Tribunal_Order.pdf.

9A Reinga Place, Massey, Auckland 0614 Tenancy Tribunal Case 5352302 — Property damage

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9A Reinga Place, Massey, Auckland 0614 Tenancy Tribunal Case 5352302 — 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 5352302 — net $5,117.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: carpet replacement costs	$2,500.00	Repairs: carpet replacement costs
Replace furnishings: curtains	$240.00	Replace furnishings: curtains
Repairs: walls	$800.42	Repairs: walls
Rubbish removal: exterior only	$1,254.75	Rubbish removal: exterior only
Repairs: decking	$72.45	Repairs: decking
Repairs: vinyl flooring	$91.00	Repairs: vinyl flooring
Pest control: as requested by tenant during the tenancy	$159.00	Pest control: as requested by tenant during the tenancy
Net award	$5,117.62
Total payable by Tenant to Landlord	$5,117.62

Claims and awards for application 5352302 — net $5,117.62 NZD. Verify on MoJ.

Repairs: carpet replacement costs

Amount: $2,500.00
Awarded to: Landlord
Reason: Repairs: carpet replacement costs

Replace furnishings: curtains

Amount: $240.00
Awarded to: Landlord
Reason: Replace furnishings: curtains

Repairs: walls

Amount: $800.42
Awarded to: Landlord
Reason: Repairs: walls

Rubbish removal: exterior only

Amount: $1,254.75
Awarded to: Landlord
Reason: Rubbish removal: exterior only

Repairs: decking

Amount: $72.45
Awarded to: Landlord
Reason: Repairs: decking

Claim types — money lines allowed on this order

Pest Control Property damage Rubbish Removal

Order

Zyan Jessie J Carlyle must pay Kāinga Ora–Homes And Communities $5,117.62 immediately, calculated as shown in table below. Award table omitted. See the official MoJ PDF for line-item amounts.

Reasons

Only the landlord attended the hearing.
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, 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.
Cleaning costs have not been sought but the landlord seeks rubbish removal costs on the exterior of the premises.
The tenant requested for pest fumigation during the tenancy; costs have been added to the above table.
The landlord had to replace the curtains.
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 following damage was caused during the tenancy: walls, decking, carpets and flooring. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. 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, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

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 5352302 — net $5,117.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: carpet replacement costs	$2,500.00	Repairs: carpet replacement costs
Replace furnishings: curtains	$240.00	Replace furnishings: curtains
Repairs: walls	$800.42	Repairs: walls
Rubbish removal: exterior only	$1,254.75	Rubbish removal: exterior only
Repairs: decking	$72.45	Repairs: decking
Repairs: vinyl flooring	$91.00	Repairs: vinyl flooring
Pest control: as requested by tenant during the tenancy	$159.00	Pest control: as requested by tenant during the tenancy
Net award	$5,117.62
Total payable by Tenant to Landlord	$5,117.62

Claims and awards for application 5352302 — net $5,117.62 NZD. Verify on MoJ.

Repairs: carpet replacement costs

Amount: $2,500.00
Awarded to: Landlord
Reason: Repairs: carpet replacement costs

Replace furnishings: curtains

Amount: $240.00
Awarded to: Landlord
Reason: Replace furnishings: curtains

Repairs: walls

Amount: $800.42
Awarded to: Landlord
Reason: Repairs: walls

Rubbish removal: exterior only

Amount: $1,254.75
Awarded to: Landlord
Reason: Rubbish removal: exterior only

Repairs: decking

Amount: $72.45
Awarded to: Landlord
Reason: Repairs: decking

Claim types — money lines allowed on this order

Pest Control Property damage Rubbish Removal

Order

Zyan Jessie J Carlyle must pay Kāinga Ora–Homes And Communities $5,117.62 immediately, calculated as shown in table below. Award table omitted. See the official MoJ PDF for line-item amounts.

Reasons

Only the landlord attended the hearing.
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, 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.
Cleaning costs have not been sought but the landlord seeks rubbish removal costs on the exterior of the premises.
The tenant requested for pest fumigation during the tenancy; costs have been added to the above table.
The landlord had to replace the curtains.
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 following damage was caused during the tenancy: walls, decking, carpets and flooring. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. 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, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 5352302 — Property damage at 9A Reinga Place, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 5352302 — Property damage at 9A Reinga 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