How much money was awarded in case 5389491?

Cleaning: $232.68 awarded to landlord; Property Damage: $36.03 awarded to landlord

What type of tenancy dispute was case 5389491?

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

Where can I read the official tribunal order for case 5389491?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13028133-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5389491?

Cleaning: $232.68 awarded to landlord; Property Damage: $36.03 awarded to landlord

What type of tenancy dispute was case 5389491?

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

Where can I read the official tribunal order for case 5389491?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13028133-Tenancy_Tribunal_Order.pdf.

Unit 5, 183 Beach Haven Road, Beach Haven, Auckland 0626 Tenancy Tribunal Case 5389491 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 5389491?

The tribunal order states: Nicole Cooper must pay Kāinga Ora–Homes and Communities $268.71 immediately,

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Unit 5, 183 Beach Haven Road, Beach Haven, Auckland 0626 Tenancy Tribunal Case 5389491 — 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 5389491. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$232.68		Cleaning
Repair bedroom paint damage	$36.03		Repair bedroom paint damage

Claims and awards for application 5389491. Verify on MoJ.

Cleaning

Amount: $232.68
Awarded to: Landlord
Reason: Cleaning

Repair bedroom paint damage

Amount: $36.03
Awarded to: Landlord
Reason: Repair bedroom paint damage

Claim types — money lines allowed on this order

Cleanliness Property damage

Order

Nicole Cooper must pay Kāinga Ora–Homes and Communities $268.71 immediately, calculated as shown in table below. DescriptionLandlord Cleaning Repair bedroom paint damage $232.68 $36.03 Total award$268.71

Reasons

The hearing was conducted remotely on Microsoft Teams by telephone.
Alex Temu attended the hearing for the landlord.
The tenant attended for herself.
The landlord has applied for the cost of cleaning and minor paintwork 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 and remove all rubbish. 1
The tenant did not leave the premises reasonably clean and tidy in that the carpet had some lolly stains, some walls needed wiping down, and the balcony needed sweeping out.
The amount ordered is proved.

Is the tenant responsible for the damage to the premises?

The landlord claims for the small (depreciated) cost of repainting one of the bedroom’s walls. The bedroom had to be repainted because the tenant stuck lights to two walls. When the lights were taken off the walls, the paint was pulled away.
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. 2
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. 3
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. 4
The damage occurred during the tenancy and is more than fair wear and tear.
The tenant accepts liability for the damage.
The amount ordered is proved. 1 Residential Tenancies Act 1986(RTA) s 40(1)(e)(iii). 2 RTA ss 40(2)(a), 41, and 49B. 3 RTA s 49B(1). 4 See Guo v Korck [2019] NZHC 1541. Repayment arrangements
Mr Temu indicated that the landlord will arrange with the tenant for her to pay back the debt under this order by instalments.

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 5389491. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$232.68		Cleaning
Repair bedroom paint damage	$36.03		Repair bedroom paint damage

Claims and awards for application 5389491. Verify on MoJ.

Cleaning

Amount: $232.68
Awarded to: Landlord
Reason: Cleaning

Repair bedroom paint damage

Amount: $36.03
Awarded to: Landlord
Reason: Repair bedroom paint damage

Claim types — money lines allowed on this order

Cleanliness Property damage

Order

Reasons

The hearing was conducted remotely on Microsoft Teams by telephone.
Alex Temu attended the hearing for the landlord.
The tenant attended for herself.
The landlord has applied for the cost of cleaning and minor paintwork 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 and remove all rubbish. 1
The tenant did not leave the premises reasonably clean and tidy in that the carpet had some lolly stains, some walls needed wiping down, and the balcony needed sweeping out.
The amount ordered is proved.

Is the tenant responsible for the damage to the premises?

The landlord claims for the small (depreciated) cost of repainting one of the bedroom’s walls. The bedroom had to be repainted because the tenant stuck lights to two walls. When the lights were taken off the walls, the paint was pulled away.
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. 2
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. 3
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. 4
The damage occurred during the tenancy and is more than fair wear and tear.
The tenant accepts liability for the damage.
The amount ordered is proved. 1 Residential Tenancies Act 1986(RTA) s 40(1)(e)(iii). 2 RTA ss 40(2)(a), 41, and 49B. 3 RTA s 49B(1). 4 See Guo v Korck [2019] NZHC 1541. Repayment arrangements
Mr Temu indicated that the landlord will arrange with the tenant for her to pay back the debt under this order by instalments.

Tenancy Tribunal case 5389491 — Cleanliness at Unit 5, 183 Beach Haven Road, Beach Haven, Auckland 0626

At a glance

Tenancy Tribunal case 5389491 — Cleanliness at Unit 5, 183 Beach Haven Road, Beach Haven, Auckland 0626

At a glance

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

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