What was the outcome of Tenancy Tribunal case 5405733?

The tribunal order states: Annemarie Ranginui Papatuanku Ra Ora Taaka Tekaute Davis must pay

How much money was awarded in case 5405733?

Cleaning: $265.35 awarded to landlord; Cleaning: $104.26 awarded to landlord; Cleaning: $48.45 awarded to landlord; Cleaning: $165.86 awarded to landlord; Bedroom 1 Door Handle: $21.49 awarded to landlord; Bedroom 1, living and dining room ho…: $281.12 awarded to landlord; Replace furnishings: Toilet roll hol…: $30.64 awarded to landlord; Rubbish Removal: $2,151.00 awarded to landlord

What type of tenancy dispute was case 5405733?

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

Where can I read the official tribunal order for case 5405733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13401111-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5405733?

The tribunal order states: Annemarie Ranginui Papatuanku Ra Ora Taaka Tekaute Davis must pay

How much money was awarded in case 5405733?

Cleaning: $265.35 awarded to landlord; Cleaning: $104.26 awarded to landlord; Cleaning: $48.45 awarded to landlord; Cleaning: $165.86 awarded to landlord; Bedroom 1 Door Handle: $21.49 awarded to landlord; Bedroom 1, living and dining room ho…: $281.12 awarded to landlord; Replace furnishings: Toilet roll hol…: $30.64 awarded to landlord; Rubbish Removal: $2,151.00 awarded to landlord

What type of tenancy dispute was case 5405733?

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

Where can I read the official tribunal order for case 5405733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13401111-Tenancy_Tribunal_Order.pdf.

21A Azalea Place, Wiri, Auckland 2104 Tenancy Tribunal Case 5405733 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5405733 — net $2,860.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$265.35	Cleaning
Cleaning: kitchen cupboard	$104.26	Cleaning: kitchen cupboard
Cleaning: stove and oven	$165.86	Cleaning: stove and oven
Cleaning: rangehood	$48.45	Cleaning: rangehood
Repairs: Bedroom 1 door handle	$21.49	Repairs: Bedroom 1 door handle
Repairs: Bedroom 1, living and dining room holes	$281.12	Repairs: Bedroom 1, living and dining room holes
Replace furnishings: Toilet roll holder	$30.64	Replace furnishings: Toilet roll holder
Rubbish removal	$2,151.00	Rubbish removal
Net award	$2,860.17
Total payable by Tenant to Landlord	$2,860.17

The Landlord attended the hearing. The Tenant did not appear.

The landlord has applied for compensation and refund of the bond.

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 cleaning included mopping laundry floors, cleaning the laundry tub, oven, stove, rangehood, kitchen cupboards, toilet seat, window sills. Entry and vacate inspection reports were provided.

There was a substantial amount of rubbish that required removing including furniture, a garden bed, pellets, bricks and a doghouse.

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 the living room, dining room and bedroom 1, damaged toilet roll holder and damaged door handle in bedroom 1. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Claims and awards in Tenancy Tribunal application 5405733 — net $2,860.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$265.35	Cleaning
Cleaning: kitchen cupboard	$104.26	Cleaning: kitchen cupboard
Cleaning: stove and oven	$165.86	Cleaning: stove and oven
Cleaning: rangehood	$48.45	Cleaning: rangehood
Repairs: Bedroom 1 door handle	$21.49	Repairs: Bedroom 1 door handle
Repairs: Bedroom 1, living and dining room holes	$281.12	Repairs: Bedroom 1, living and dining room holes
Replace furnishings: Toilet roll holder	$30.64	Replace furnishings: Toilet roll holder
Rubbish removal	$2,151.00	Rubbish removal
Net award	$2,860.17
Total payable by Tenant to Landlord	$2,860.17

Order

Annemarie Ranginui Papatuanku Ra Ora Taaka Tekaute Davis must pay Kāinga Ora–Homes And Communities $2,860.17 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $208.00 (3494638-013) to Kāinga Ora– Homes And Communities immediately.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for compensation and refund of the bond.

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 cleaning included mopping laundry floors, cleaning the laundry tub, oven, stove, rangehood, kitchen cupboards, toilet seat, window sills. Entry and vacate inspection reports were provided.
There was a substantial amount of rubbish that required removing including furniture, a garden bed, pellets, bricks and a doghouse.
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 the living room, dining room and bedroom 1, damaged toilet roll holder and damaged door handle in bedroom 1. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 5405733 — Cleanliness at 21A Azalea Place, Wiri, Auckland 2104

At a glance

Tenancy Tribunal case 5405733 — Cleanliness at 21A Azalea Place, Wiri, Auckland 2104

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