What was the outcome of Tenancy Tribunal case 5382182?

The tribunal order states: Te Aroha Jacquelyn Hillman must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5382182?

Cleaning: $448.06 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Property Damage: $224.71 awarded to landlord; Property Damage: $454.61 awarded to landlord; Bedroom 2: $45.41 awarded to landlord; Bedroom 2: $120.48 awarded to landlord; Bedroom 3: $80.32 awarded to landlord; Rubbish Removal: $537.75 awarded to landlord; Rubbish Removal: $3,284.20 awarded to landlord

What type of tenancy dispute was case 5382182?

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

Where can I read the official tribunal order for case 5382182?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12995066-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5382182?

The tribunal order states: Te Aroha Jacquelyn Hillman must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5382182?

Cleaning: $448.06 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Property Damage: $224.71 awarded to landlord; Property Damage: $454.61 awarded to landlord; Bedroom 2: $45.41 awarded to landlord; Bedroom 2: $120.48 awarded to landlord; Bedroom 3: $80.32 awarded to landlord; Rubbish Removal: $537.75 awarded to landlord; Rubbish Removal: $3,284.20 awarded to landlord

What type of tenancy dispute was case 5382182?

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

Where can I read the official tribunal order for case 5382182?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12995066-Tenancy_Tribunal_Order.pdf.

244C Bairds Road, Otara, Auckland 2023 Tenancy Tribunal Case 5382182 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5382182 — net $5,495.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replacement carpet bedroom 4	$224.71	Replacement carpet bedroom 4
Cleaning	$448.06	Cleaning
Lawns and Garden work	$300.00	Lawns and Garden work
Repairs: bedroom 2	$45.41	Repairs: bedroom 2
Repairs: bedroom 2	$120.48	Repairs: bedroom 2
Repairs: bedroom 3	$80.32	Repairs: bedroom 3
Replacement oven	$454.61	Replacement oven
Rubbish removal: exterior	$537.75	Rubbish removal: exterior
Rubbish removal: interior	$3,284.20	Rubbish removal: interior
Net award	$5,495.54
Total payable by Tenant to Landlord	$5,495.54

Te Aroha Jacquelyn Hillman must pay Kāinga Ora–Homes And Communities $5,495.54 immediately for compensation, as calculated and shown in table below: DescriptionLandlord Replacement carpet bedroom 4$224.71 Cleaning$448.06 Lawns and Garden work$300.00 Repairs: bedroom 2$45.41 Repairs: bedroom 2$120.48 Repairs: bedroom 3$80.32 Replacement oven$454.61 Rubbish removal: exterior$537.75 Rubbish removal: interior$3,284.20 Total award$5,495.54 Total payable by Tenant to Landlord$5,495.54

Reasons

The landlord attended the hearing, the tenant did not attend. I rang the tenants mobile number twice and left a message. The tenant has not communicated with the Tribunal seeking an adjournment of the hearing and has been served with the notice of hearing. I am proceeding with the hearing in her absence.

The landlord has applied for compensation for damages caused to the property and cleaning 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 a pre let inspection report and photos and exit inspection report and photos. The exit inspection report and photos show a house that was left in a very dirty condition and unclean. There was extensive rubbish left throughout the interior and exterior of the house. The lawns were completely overgrown and unkempt.

The landlord also provided the Tribunal with an invoice for the cost of the cleaning of the property. The cost of the full house cleaning was $448.06, lawns $300.00, rubbish removal from the interior was $3284.20 and exterior rubbish removal was $537.75.

I am satisfied that the landlord has proven their claim for these costs.

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: -Holes in walls of bedrooms 2 and 3. -Replace destroyed carpet in bedroom 4. -Replace oven.

The landlord provided detailed photos of the damage and the pre let and exit report and photos. The damage had occurred during this tenancy.

The photos show large holes in the walls which had to be replastered and repainted. The carpet in bedroom 4 was beyond cleaning and repair and had to be replaced. The oven was unusable and had not been cleaned nor taken care of throughout the tenancy. The carpet was approximately 5.5 years old, and the oven was 2.5 years old. Depreciation has been taken off the cost claimed by the landlord.

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

The landlord provided invoices for the cost of the replacement carpet and oven minus depreciation, being $224.71 and $454.61, respectively.

The cost of the repairs to the walls were $45.41, $120.32, and $80.32 and invoices were provided to prove these claims.

The amounts ordered are proved.

The landlord has been successful with all their claims relating to the vacated costs associated with this tenancy.

Claims and awards in Tenancy Tribunal application 5382182 — net $5,495.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replacement carpet bedroom 4	$224.71	Replacement carpet bedroom 4
Cleaning	$448.06	Cleaning
Lawns and Garden work	$300.00	Lawns and Garden work
Repairs: bedroom 2	$45.41	Repairs: bedroom 2
Repairs: bedroom 2	$120.48	Repairs: bedroom 2
Repairs: bedroom 3	$80.32	Repairs: bedroom 3
Replacement oven	$454.61	Replacement oven
Rubbish removal: exterior	$537.75	Rubbish removal: exterior
Rubbish removal: interior	$3,284.20	Rubbish removal: interior
Net award	$5,495.54
Total payable by Tenant to Landlord	$5,495.54

Order

Te Aroha Jacquelyn Hillman must pay Kāinga Ora–Homes And Communities $5,495.54 immediately for compensation, as calculated and shown in table below: DescriptionLandlord Replacement carpet bedroom 4$224.71 Cleaning$448.06 Lawns and Garden work$300.00 Repairs: bedroom 2$45.41 Repairs: bedroom 2$120.48 Repairs: bedroom 3$80.32 Replacement oven$454.61 Rubbish removal: exterior$537.75 Rubbish removal: interior$3,284.20 Total award$5,495.54 Total payable by Tenant to Landlord$5,495.54

Reasons

The landlord attended the hearing, the tenant did not attend. I rang the tenants mobile number twice and left a message. The tenant has not communicated with the Tribunal seeking an adjournment of the hearing and has been served with the notice of hearing. I am proceeding with the hearing in her absence.
The landlord has applied for compensation for damages caused to the property and cleaning 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 a pre let inspection report and photos and exit inspection report and photos. The exit inspection report and photos show a house that was left in a very dirty condition and unclean. There was extensive rubbish left throughout the interior and exterior of the house. The lawns were completely overgrown and unkempt.
The landlord also provided the Tribunal with an invoice for the cost of the cleaning of the property. The cost of the full house cleaning was $448.06, lawns $300.00, rubbish removal from the interior was $3284.20 and exterior rubbish removal was $537.75.
I am satisfied that the landlord has proven their claim for these costs.
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: -Holes in walls of bedrooms 2 and 3. -Replace destroyed carpet in bedroom 4. -Replace oven.
The landlord provided detailed photos of the damage and the pre let and exit report and photos. The damage had occurred during this tenancy.
The photos show large holes in the walls which had to be replastered and repainted. The carpet in bedroom 4 was beyond cleaning and repair and had to be replaced. The oven was unusable and had not been cleaned nor taken care of throughout the tenancy. The carpet was approximately 5.5 years old, and the oven was 2.5 years old. Depreciation has been taken off the cost claimed by the landlord.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided invoices for the cost of the replacement carpet and oven minus depreciation, being $224.71 and $454.61, respectively.
The cost of the repairs to the walls were $45.41, $120.32, and $80.32 and invoices were provided to prove these claims.
The amounts ordered are proved.
The landlord has been successful with all their claims relating to the vacated costs associated with this tenancy.

Tenancy Tribunal case 5382182 — Property damage at 244C Bairds Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5382182 — Property damage at 244C Bairds Road, Otara, Auckland 2023

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