What was the outcome of Tenancy Tribunal case 5403735?

The tribunal order states: KIANA GRACE MOE NORMAN must pay Kāinga Ora–Homes And

How much money was awarded in case 5403735?

Carpet: $2,457.00 awarded to landlord; Carpet Underlay: $686.00 awarded to landlord; Cleaning: $845.46 awarded to landlord; Property Damage: $555.00 awarded to landlord; Benchtop Resurface: $110.62 awarded to landlord; Plastering Holes In Walls: $80.32 awarded to landlord; Rehang Cupboards/Door: $72.79 awarded to landlord; Repainting Walls: $525.00 awarded to landlord; Rubbish Removal: $2,344.06 awarded to landlord

What type of tenancy dispute was case 5403735?

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

Where can I read the official tribunal order for case 5403735?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13240016-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5403735?

The tribunal order states: KIANA GRACE MOE NORMAN must pay Kāinga Ora–Homes And

How much money was awarded in case 5403735?

Carpet: $2,457.00 awarded to landlord; Carpet Underlay: $686.00 awarded to landlord; Cleaning: $845.46 awarded to landlord; Property Damage: $555.00 awarded to landlord; Benchtop Resurface: $110.62 awarded to landlord; Plastering Holes In Walls: $80.32 awarded to landlord; Rehang Cupboards/Door: $72.79 awarded to landlord; Repainting Walls: $525.00 awarded to landlord; Rubbish Removal: $2,344.06 awarded to landlord

What type of tenancy dispute was case 5403735?

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

Where can I read the official tribunal order for case 5403735?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13240016-Tenancy_Tribunal_Order.pdf.

58A Johnstones Road, Otara, Auckland 2023 Tenancy Tribunal Case 5403735 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5403735 — net $7,676.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$845.46	Cleaning
Carpet underlay	$686.00	Carpet underlay
Carpet	$2,457.00	Carpet
Repairs: rehang cupboards/door	$72.79	Repairs: rehang cupboards/door
Repairs: benchtop resurface	$110.62	Repairs: benchtop resurface
Repairs: Plastering holes in walls	$80.32	Repairs: Plastering holes in walls
Repairs: Repainting walls	$525.00	Repairs: Repainting walls
Oven repairs and new cook top	$555.00	Oven repairs and new cook top
Rubbish removal	$2,344.06	Rubbish removal
Net award	$7,676.25
Total payable by Tenant to Landlord	$7,676.25

KIANA GRACE MOE NORMAN must pay Kāinga Ora–Homes And Communities $7,676.25 immediately, being cleaning, rubbish removal and repairs as calculated and shown in table below: DescriptionLandlord Cleaning$845.46 Carpet underlay$686.00 Carpet$2,457.00 Repairs: rehang cupboards/door$72.79 Repairs: benchtop resurface$110.62 Repairs: Plastering holes in walls$80.32 Repairs: Repainting walls$525.00 Oven repairs and new cook top$555.00 Rubbish removal$2,344.06 Total award$7,676.25 Total payable by Tenant to Landlord$7,676.25

Reasons

The landlord attended the hearing, the tenant did not attend. I rang the tenant several times on mobile numbers provided but all calls went unanswered. The tenant has been served with a notice of hearing. The tenant 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 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 an exit inspection report and photos. The photos show the property was not left in a reasonable clean and tidy condition.

The tenant had not cleaned the property before leaving and had not removed her rubbish. The tenant has left large amounts of unwanted possession in addition to the rubbish.

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

I am satisfied that the landlord has proven their claim for the cost of 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: -The carpet was extensively damaged with heavy staining that could not be removed by cleaning. The carpet and underlay had to be replaced throughout the house. -The oven door was removed and had to be replaced. The cook top was damaged and not working. The cook top had to be replaced due to the damage caused to it. -The benchtop had been badly damaged and had to be resurfaced after the end of the tenancy. -The kitchen cupboards doors had been removed and had to be rehung as did a door. -The tenant caused holes in the walls which had to be replastered. -The walls had to be repainted due to excessive drawing over the walls and doors, scuff marks, holes, dents, and marks.

The landlord provided the inspection reports and photos to highlight the damage to the property.

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

I am satisfied that the landlord has proven their claim for the damages to the property.

The property was in a good condition at the start of the tenancy. The tenant has caused significant damage to the property, which could only be described as reckless and intentional.

The amounts ordered are proven.

Claims and awards in Tenancy Tribunal application 5403735 — net $7,676.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$845.46	Cleaning
Carpet underlay	$686.00	Carpet underlay
Carpet	$2,457.00	Carpet
Repairs: rehang cupboards/door	$72.79	Repairs: rehang cupboards/door
Repairs: benchtop resurface	$110.62	Repairs: benchtop resurface
Repairs: Plastering holes in walls	$80.32	Repairs: Plastering holes in walls
Repairs: Repainting walls	$525.00	Repairs: Repainting walls
Oven repairs and new cook top	$555.00	Oven repairs and new cook top
Rubbish removal	$2,344.06	Rubbish removal
Net award	$7,676.25
Total payable by Tenant to Landlord	$7,676.25

Order

KIANA GRACE MOE NORMAN must pay Kāinga Ora–Homes And Communities $7,676.25 immediately, being cleaning, rubbish removal and repairs as calculated and shown in table below: DescriptionLandlord Cleaning$845.46 Carpet underlay$686.00 Carpet$2,457.00 Repairs: rehang cupboards/door$72.79 Repairs: benchtop resurface$110.62 Repairs: Plastering holes in walls$80.32 Repairs: Repainting walls$525.00 Oven repairs and new cook top$555.00 Rubbish removal$2,344.06 Total award$7,676.25 Total payable by Tenant to Landlord$7,676.25

Reasons

The landlord attended the hearing, the tenant did not attend. I rang the tenant several times on mobile numbers provided but all calls went unanswered. The tenant has been served with a notice of hearing. The tenant 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 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 an exit inspection report and photos. The photos show the property was not left in a reasonable clean and tidy condition.
The tenant had not cleaned the property before leaving and had not removed her rubbish. The tenant has left large amounts of unwanted possession in addition to the rubbish.
The landlord provided details invoices for the cost of the cleaning and rubbish removal.
I am satisfied that the landlord has proven their claim for the cost of 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: -The carpet was extensively damaged with heavy staining that could not be removed by cleaning. The carpet and underlay had to be replaced throughout the house. -The oven door was removed and had to be replaced. The cook top was damaged and not working. The cook top had to be replaced due to the damage caused to it. -The benchtop had been badly damaged and had to be resurfaced after the end of the tenancy. -The kitchen cupboards doors had been removed and had to be rehung as did a door. -The tenant caused holes in the walls which had to be replastered. -The walls had to be repainted due to excessive drawing over the walls and doors, scuff marks, holes, dents, and marks.
The landlord provided the inspection reports and photos to highlight the damage to the property.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I am satisfied that the landlord has proven their claim for the damages to the property.
The property was in a good condition at the start of the tenancy. The tenant has caused significant damage to the property, which could only be described as reckless and intentional.
The amounts ordered are proven.

Tenancy Tribunal case 5403735 — Property damage at 58A Johnstones Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5403735 — Property damage at 58A Johnstones 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