What was the outcome of Tenancy Tribunal case 5379482?

The tribunal order states: Owhaeroa Alimae Tupaea must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5379482?

Cleaning: $618.00 awarded to landlord; Graffiti Removal Garage: $332.70 awarded to landlord; Cabinet Drawers In Kitchen: $646.68 awarded to landlord; Cabinet Shelving Lounge: $224.52 awarded to landlord; Doors Laundry, Toilet And Bedrrom 1: $523.44 awarded to landlord; Gate Lock: $51.03 awarded to landlord; holes in walls in bedroom 1, 2, loun…: $1,318.78 awarded to landlord; Replace Doorknob In Bedroom 2: $26.73 awarded to landlord; Replace Stove- Less Depreciation: $746.00 awarded to landlord; Rubbish Removal: $358.50 awarded to landlord; Rubbish Removal: $492.63 awarded to landlord; Property Damage: $340.18 awarded to landlord

What type of tenancy dispute was case 5379482?

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

Where can I read the official tribunal order for case 5379482?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13427706-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5379482?

The tribunal order states: Owhaeroa Alimae Tupaea must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5379482?

Cleaning: $618.00 awarded to landlord; Graffiti Removal Garage: $332.70 awarded to landlord; Cabinet Drawers In Kitchen: $646.68 awarded to landlord; Cabinet Shelving Lounge: $224.52 awarded to landlord; Doors Laundry, Toilet And Bedrrom 1: $523.44 awarded to landlord; Gate Lock: $51.03 awarded to landlord; holes in walls in bedroom 1, 2, loun…: $1,318.78 awarded to landlord; Replace Doorknob In Bedroom 2: $26.73 awarded to landlord; Replace Stove- Less Depreciation: $746.00 awarded to landlord; Rubbish Removal: $358.50 awarded to landlord; Rubbish Removal: $492.63 awarded to landlord; Property Damage: $340.18 awarded to landlord

What type of tenancy dispute was case 5379482?

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

Where can I read the official tribunal order for case 5379482?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13427706-Tribunal_Order.pdf.

Unit/Flat Flat 7, 57 Marne Road, Papakura, Papakura 2110 Tenancy Tribunal Case 5379482 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5379482 — net $5,483.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: whole house/rangehood/kitchen cupboards	$618.00	Cleaning: whole house/rangehood/kitchen cupboards
Replace stove- less depreciation	$746.00	Replace stove- less depreciation
Repairs: Cabinet drawers in kitchen	$646.68	Repairs: Cabinet drawers in kitchen
Repairs: Cabinet shelving lounge	$224.52	Repairs: Cabinet shelving lounge
Window repairs: Garage door	$340.18	Window repairs: Garage door
Repairs: Gate lock	$51.03	Repairs: Gate lock
Graffiti removal garage	$332.70	Graffiti removal garage
Rubbish removal: Exterior	$358.50	Rubbish removal: Exterior
Rubbish removal: Interior	$492.63	Rubbish removal: Interior
Repairs: doors laundry, toilet and bedrrom 1	$523.44	Repairs: doors laundry, toilet and bedrrom 1
Repairs: holes in walls in bedroom 1, 2, lounge, kitchen entranceway, garage, exterior wall	$1,318.78	Repairs: holes in walls in bedroom 1, 2, lounge, kitchen entranceway, garage, exterior wall
Replace doorknob in bedroom 2	$26.73	Replace doorknob in bedroom 2
Net award	$5,483.19
Total payable by Tenant to Landlord	$5,483.19

Owhaeroa Alimae Tupaea must pay Kāinga Ora–Homes and Communities $5,483.19 immediately, calculated as shown in table below. DescriptionLandlord Cleaning: whole house/rangehood/kitchen cupboards$618.00 Replace stove- less depreciation$746.00 Repairs: Cabinet drawers in kitchen$646.68 Repairs: Cabinet shelving lounge$224.52 Window repairs: Garage door$340.18 Repairs: Gate lock$51.03 Graffiti removal garage$332.70 Rubbish removal: Exterior$358.50 Rubbish removal: Interior$492.63 Repairs: doors laundry, toilet and bedrrom 1$523.44 Repairs: holes in walls in bedroom 1, 2, lounge, kitchen entranceway, garage, exterior wall $1,318.78 Replace doorknob in bedroom 2$26.73 Total award$5,679.19 Minus Bond-$196.00 Total payable by Tenant to Landlord$5,483.19

The Bond Centre is to pay the bond of $196.00 (3032379-011) to Kāinga Ora– Homes and Communities immediately.

Reasons

The landlord attended the hearing, the tenant did not attend. The tenant was served with the notice of hearing and has not communicated with the Tribunal seeking an adjournment. I am proceeding with the hearing in the absence of the tenant.

The landlord 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 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 an exit inspection and photos. The photos show the property was very dirty and not left reasonably clean and tidy. The carpets were heavily stained, the kitchen cabinets were dirty as was the rangehood.

The landlord provided invoices for the cost of the cleaning and the rubbish removal.

The tenant left a significant amount of rubbish inside and outside the property.

I am satisfied that the landlord has proven their claims for the cleaning and rubbish removal.

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.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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) 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) 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) 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.

The following damage was caused during the tenancy: -26 holes in the walls throughout the property -Smashed and damaged doors -Broken glass in garage door. -Painting graffiti across the walls in the garage. -Broken, filthy and rusted oven with handles removed. -Cabinetry in lounge and kitchen removed.

The evidence shows that the tenant has caused extensive damage to the property by wilfully and deliberately knocking and smashing 26 holes in the walls and doors. The holes were repaired, replastered and repainted.

The wardrobe door was replaced as it had a huge hole in it, and it was cracked right across the upper door. The garage walls were heavily graffitied.

The glass in the back door was broken and a doorknob in bedroom 2 was missing. The gate lock was broken and the cabinets in the kitchen cupboards and lounge storage cupboard had the shelving removed and missing. The landlord had to replace the cabinetry and doorknob.

The oven was 2 years old, yet it was beyond saving and had to be replaced. The oven door handles were removed, the oven was rusted, and filthy. The landlord said the oven cost $924.82 to buy and install. The landlord has depreciated the cost of the oven to reflect that the oven is now 2 years old. The landlord seeks $746.00 for the replacement oven.

This level of damage goes far beyond fair wear and tear and cannot be considered accidental or incidental. Under the Residential Tenancies Act 1986, tenants must not intentionally or carelessly damage the premises. Wilful damage of this kind is a serious breach of the tenant’s obligations and is grounds for immediate termination of the tenancy under section 56. The tenant is liable for the full cost of repairing the damage. Such conduct is unacceptable and undermines the trust and responsibilities inherent in a tenancy agreement.

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

The landlord has provided a detailed invoice for the repairs to the property. These costs are fair and reasonable and I find the landlords costs are proven.

The Bond Centre is to refund the bond to the landlord immediately to offset the debt owed by the tenant to the landlord.

Claims and awards in Tenancy Tribunal application 5379482 — net $5,483.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: whole house/rangehood/kitchen cupboards	$618.00	Cleaning: whole house/rangehood/kitchen cupboards
Replace stove- less depreciation	$746.00	Replace stove- less depreciation
Repairs: Cabinet drawers in kitchen	$646.68	Repairs: Cabinet drawers in kitchen
Repairs: Cabinet shelving lounge	$224.52	Repairs: Cabinet shelving lounge
Window repairs: Garage door	$340.18	Window repairs: Garage door
Repairs: Gate lock	$51.03	Repairs: Gate lock
Graffiti removal garage	$332.70	Graffiti removal garage
Rubbish removal: Exterior	$358.50	Rubbish removal: Exterior
Rubbish removal: Interior	$492.63	Rubbish removal: Interior
Repairs: doors laundry, toilet and bedrrom 1	$523.44	Repairs: doors laundry, toilet and bedrrom 1
Repairs: holes in walls in bedroom 1, 2, lounge, kitchen entranceway, garage, exterior wall	$1,318.78	Repairs: holes in walls in bedroom 1, 2, lounge, kitchen entranceway, garage, exterior wall
Replace doorknob in bedroom 2	$26.73	Replace doorknob in bedroom 2
Net award	$5,483.19
Total payable by Tenant to Landlord	$5,483.19

Order

Owhaeroa Alimae Tupaea must pay Kāinga Ora–Homes and Communities $5,483.19 immediately, calculated as shown in table below. DescriptionLandlord Cleaning: whole house/rangehood/kitchen cupboards$618.00 Replace stove- less depreciation$746.00 Repairs: Cabinet drawers in kitchen$646.68 Repairs: Cabinet shelving lounge$224.52 Window repairs: Garage door$340.18 Repairs: Gate lock$51.03 Graffiti removal garage$332.70 Rubbish removal: Exterior$358.50 Rubbish removal: Interior$492.63 Repairs: doors laundry, toilet and bedrrom 1$523.44 Repairs: holes in walls in bedroom 1, 2, lounge, kitchen entranceway, garage, exterior wall $1,318.78 Replace doorknob in bedroom 2$26.73 Total award$5,679.19 Minus Bond-$196.00 Total payable by Tenant to Landlord$5,483.19
The Bond Centre is to pay the bond of $196.00 (3032379-011) to Kāinga Ora– Homes and Communities immediately.

Reasons

The landlord attended the hearing, the tenant did not attend. The tenant was served with the notice of hearing and has not communicated with the Tribunal seeking an adjournment. I am proceeding with the hearing in the absence of the tenant.
The landlord 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 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 an exit inspection and photos. The photos show the property was very dirty and not left reasonably clean and tidy. The carpets were heavily stained, the kitchen cabinets were dirty as was the rangehood.
The landlord provided invoices for the cost of the cleaning and the rubbish removal.
The tenant left a significant amount of rubbish inside and outside the property.
I am satisfied that the landlord has proven their claims for the cleaning and rubbish removal.
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.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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) 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) 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) 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.
The following damage was caused during the tenancy: -26 holes in the walls throughout the property -Smashed and damaged doors -Broken glass in garage door. -Painting graffiti across the walls in the garage. -Broken, filthy and rusted oven with handles removed. -Cabinetry in lounge and kitchen removed.
The evidence shows that the tenant has caused extensive damage to the property by wilfully and deliberately knocking and smashing 26 holes in the walls and doors. The holes were repaired, replastered and repainted.
The wardrobe door was replaced as it had a huge hole in it, and it was cracked right across the upper door. The garage walls were heavily graffitied.
The glass in the back door was broken and a doorknob in bedroom 2 was missing. The gate lock was broken and the cabinets in the kitchen cupboards and lounge storage cupboard had the shelving removed and missing. The landlord had to replace the cabinetry and doorknob.
The oven was 2 years old, yet it was beyond saving and had to be replaced. The oven door handles were removed, the oven was rusted, and filthy. The landlord said the oven cost $924.82 to buy and install. The landlord has depreciated the cost of the oven to reflect that the oven is now 2 years old. The landlord seeks $746.00 for the replacement oven.
This level of damage goes far beyond fair wear and tear and cannot be considered accidental or incidental. Under the Residential Tenancies Act 1986, tenants must not intentionally or carelessly damage the premises. Wilful damage of this kind is a serious breach of the tenant’s obligations and is grounds for immediate termination of the tenancy under section 56. The tenant is liable for the full cost of repairing the damage. Such conduct is unacceptable and undermines the trust and responsibilities inherent in a tenancy agreement.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has provided a detailed invoice for the repairs to the property. These costs are fair and reasonable and I find the landlords costs are proven.
The Bond Centre is to refund the bond to the landlord immediately to offset the debt owed by the tenant to the landlord.

Tenancy Tribunal case 5379482 — Property damage at Unit/Flat Flat 7, 57 Marne Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 5379482 — Property damage at Unit/Flat Flat 7, 57 Marne Road, Papakura, Papakura 2110

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