What was the outcome of Tenancy Tribunal case 5366324?

The tribunal order states: FALEATA MAELI must pay Kāinga Ora–Homes And Communities $2,083.02

How much money was awarded in case 5366324?

Application: $1,389.02 awarded to tenant; Cleaning: $557.98 awarded to landlord; Lawns and Garden Work: $534.71 awarded to landlord; Other: $375.00 awarded to tenant; Hole In Wall: $86.68 awarded to landlord; Remove unauthorised & rotten deck st…: $280.00 awarded to landlord; Rubbish Removal: $2,133.56 awarded to landlord; Rubbish Removal: $454.11 awarded to landlord

What type of tenancy dispute was case 5366324?

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

Where can I read the official tribunal order for case 5366324?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13192883-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5366324?

The tribunal order states: FALEATA MAELI must pay Kāinga Ora–Homes And Communities $2,083.02

How much money was awarded in case 5366324?

Application: $1,389.02 awarded to tenant; Cleaning: $557.98 awarded to landlord; Lawns and Garden Work: $534.71 awarded to landlord; Other: $375.00 awarded to tenant; Hole In Wall: $86.68 awarded to landlord; Remove unauthorised & rotten deck st…: $280.00 awarded to landlord; Rubbish Removal: $2,133.56 awarded to landlord; Rubbish Removal: $454.11 awarded to landlord

What type of tenancy dispute was case 5366324?

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

Where can I read the official tribunal order for case 5366324?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13192883-Tenancy_Tribunal_Order.pdf.

54 Glenveagh Park Drive, Weymouth, Auckland 2103 Tenancy Tribunal Case 5366324 — Cleanliness

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54 Glenveagh Park Drive, Weymouth, Auckland 2103 Tenancy Tribunal Case 5366324 — Cleanliness | 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 5366324 — net $2,083.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$557.98		Cleaning
Rubbish removal: Internal	$454.11		Rubbish removal: Internal
Rubbish removal: External	$2,133.56		Rubbish removal: External
Lawns and Garden work	$534.71		Lawns and Garden work
Repairs: Hole in Wall	$86.68		Repairs: Hole in Wall
Repairs: Remove unauthorised & rotten deck structure	$280.00		Repairs: Remove unauthorised & rotten deck structure
application		$1,389.02	application
Other		$375.00	Other
Total award	$4,047.04	$1,764.02
Net award	$2,083.02
Total payable by Tenant to Landlord	$2,083.02

Claims and awards for application 5366324 — net $2,083.02 NZD. Verify on MoJ.

Cleaning

Amount: $557.98
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: Internal

Amount: $454.11
Awarded to: Landlord
Reason: Rubbish removal: Internal

Rubbish removal: External

Amount: $2,133.56
Awarded to: Landlord
Reason: Rubbish removal: External

Lawns and Garden work

Amount: $534.71
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: Hole in Wall

Amount: $86.68
Awarded to: Landlord
Reason: Repairs: Hole in Wall

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rubbish Removal

Order

FALEATA MAELI must pay Kāinga Ora–Homes And Communities $2,083.02 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $200.00 (5062473-001) to Kāinga Ora– Homes And Communities immediately.

Reasons

A representative for the landlord attended the hearing.
The tenant did not apply by either the video link or dial in instructions provided in the Notice of Hearing. The tenancy ended more than 2 months before the application was made, but the application has been served in accordance with s91A(1)(a) Residential Tenancies Act (RTA).
The landlord has applied for compensation following the end of the tenancy. The application sought total compensation of $5,208.22. No breakdown was provided. The application was reduced to $2,658.02 and a credit of $2,250.20 was applied to the tenant’s account with the landlord. Again, no breakdown was provided, and the only explanation is that the credit related to carpet claims.
At the hearing today, the landlord’s representative provided a breakdown of how the original claim of $5,208.22 had been calculated. That amount included $815.00 for carpet claims. The representative who attended the hearing had not been given any explanation for the balance of the credit applied to the account.
The landlord proved damages of $4,047.04 as set out above. However, it is not appropriate to award the Landlord more than its claim of $2,658.02. It could and should have provided a proper breakdown when the application was filed and, again, when it was reduced. The representative who attended the hearing should have been given a proper explanation for the reduction of the claim.
The tenant has also made payments toward the damage charges. Those payments are also reflected in the Order above.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs, and a breakdown of the costs incurred.

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: a hole in one wall and a rotten, unauthorised deck structure had to be removed. 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 5366324 — net $2,083.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$557.98		Cleaning
Rubbish removal: Internal	$454.11		Rubbish removal: Internal
Rubbish removal: External	$2,133.56		Rubbish removal: External
Lawns and Garden work	$534.71		Lawns and Garden work
Repairs: Hole in Wall	$86.68		Repairs: Hole in Wall
Repairs: Remove unauthorised & rotten deck structure	$280.00		Repairs: Remove unauthorised & rotten deck structure
application		$1,389.02	application
Other		$375.00	Other
Total award	$4,047.04	$1,764.02
Net award	$2,083.02
Total payable by Tenant to Landlord	$2,083.02

Claims and awards for application 5366324 — net $2,083.02 NZD. Verify on MoJ.

Cleaning

Amount: $557.98
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: Internal

Amount: $454.11
Awarded to: Landlord
Reason: Rubbish removal: Internal

Rubbish removal: External

Amount: $2,133.56
Awarded to: Landlord
Reason: Rubbish removal: External

Lawns and Garden work

Amount: $534.71
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: Hole in Wall

Amount: $86.68
Awarded to: Landlord
Reason: Repairs: Hole in Wall

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rubbish Removal

Order

FALEATA MAELI must pay Kāinga Ora–Homes And Communities $2,083.02 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $200.00 (5062473-001) to Kāinga Ora– Homes And Communities immediately.

Reasons

A representative for the landlord attended the hearing.
The tenant did not apply by either the video link or dial in instructions provided in the Notice of Hearing. The tenancy ended more than 2 months before the application was made, but the application has been served in accordance with s91A(1)(a) Residential Tenancies Act (RTA).
The landlord has applied for compensation following the end of the tenancy. The application sought total compensation of $5,208.22. No breakdown was provided. The application was reduced to $2,658.02 and a credit of $2,250.20 was applied to the tenant’s account with the landlord. Again, no breakdown was provided, and the only explanation is that the credit related to carpet claims.
At the hearing today, the landlord’s representative provided a breakdown of how the original claim of $5,208.22 had been calculated. That amount included $815.00 for carpet claims. The representative who attended the hearing had not been given any explanation for the balance of the credit applied to the account.
The landlord proved damages of $4,047.04 as set out above. However, it is not appropriate to award the Landlord more than its claim of $2,658.02. It could and should have provided a proper breakdown when the application was filed and, again, when it was reduced. The representative who attended the hearing should have been given a proper explanation for the reduction of the claim.
The tenant has also made payments toward the damage charges. Those payments are also reflected in the Order above.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs, and a breakdown of the costs incurred.

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: a hole in one wall and a rotten, unauthorised deck structure had to be removed. 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 5366324 — Cleanliness at 54 Glenveagh Park Drive, Weymouth, Auckland 2103

At a glance

Tenancy Tribunal case 5366324 — Cleanliness at 54 Glenveagh Park Drive, Weymouth, Auckland 2103

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