What was the outcome of Tenancy Tribunal case 5414088?

The tribunal order states: Dhaani-Leigh Christie Wolfgramm must pay Kāinga Ora–Homes And

How much money was awarded in case 5414088?

Cleaning: $465.35 awarded to landlord; Cleaning: $165.86 awarded to landlord; Door: $91.54 awarded to landlord; Patch Holes: $80.32 awarded to landlord; Replace Door: $215.95 awarded to landlord

What type of tenancy dispute was case 5414088?

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

Where can I read the official tribunal order for case 5414088?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13604196-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5414088?

The tribunal order states: Dhaani-Leigh Christie Wolfgramm must pay Kāinga Ora–Homes And

How much money was awarded in case 5414088?

Cleaning: $465.35 awarded to landlord; Cleaning: $165.86 awarded to landlord; Door: $91.54 awarded to landlord; Patch Holes: $80.32 awarded to landlord; Replace Door: $215.95 awarded to landlord

What type of tenancy dispute was case 5414088?

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

Where can I read the official tribunal order for case 5414088?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13604196-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 4, 52 Marr Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5414088 — Cleanliness

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Unit/Flat Flat 4, 52 Marr Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5414088 — 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 5414088 — net $1,019.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$465.35	Cleaning
Cleaning: Oven	$165.86	Cleaning: Oven
Repairs: Patch holes	$80.32	Repairs: Patch holes
Repairs: Door	$91.54	Repairs: Door
Replace door	$215.95	Replace door
Net award	$1,019.02
Total payable by Tenant to Landlord	$1,019.02

Claims and awards for application 5414088 — net $1,019.02 NZD. Verify on MoJ.

Cleaning

Amount: $465.35
Awarded to: Landlord
Reason: Cleaning

Cleaning: Oven

Amount: $165.86
Awarded to: Landlord
Reason: Cleaning: Oven

Repairs: Patch holes

Amount: $80.32
Awarded to: Landlord
Reason: Repairs: Patch holes

Repairs: Door

Amount: $91.54
Awarded to: Landlord
Reason: Repairs: Door

Replace door

Amount: $215.95
Awarded to: Landlord
Reason: Replace door

Net award

Claim types — money lines allowed on this order

Cleanliness Property damage

Order

Dhaani-Leigh Christie Wolfgramm must pay Kāinga Ora–Homes And Communities $1,019.02 immediately, calculated as shown in table below.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing by Teams video link or by telephone. The Tribunal may hear a matter in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied of the hearing was given to the full stop
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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy.
The landlord provided photos of the premises at the end of the tenancy showing that further cleaning of the house and oven would be required to bring the premises to a reasonably clean and tidy standard. The amounts claimed are reasonable
The amounts ordered are proven.

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: • Patch holes in walls. • Repair holes in door. • Replace damaged door.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The claim for damage to the window restrictors was withdrawn.
The amounts ordered are proven.

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 5414088 — net $1,019.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$465.35	Cleaning
Cleaning: Oven	$165.86	Cleaning: Oven
Repairs: Patch holes	$80.32	Repairs: Patch holes
Repairs: Door	$91.54	Repairs: Door
Replace door	$215.95	Replace door
Net award	$1,019.02
Total payable by Tenant to Landlord	$1,019.02

Claims and awards for application 5414088 — net $1,019.02 NZD. Verify on MoJ.

Cleaning

Amount: $465.35
Awarded to: Landlord
Reason: Cleaning

Cleaning: Oven

Amount: $165.86
Awarded to: Landlord
Reason: Cleaning: Oven

Repairs: Patch holes

Amount: $80.32
Awarded to: Landlord
Reason: Repairs: Patch holes

Repairs: Door

Amount: $91.54
Awarded to: Landlord
Reason: Repairs: Door

Replace door

Amount: $215.95
Awarded to: Landlord
Reason: Replace door

Net award

Claim types — money lines allowed on this order

Cleanliness Property damage

Order

Dhaani-Leigh Christie Wolfgramm must pay Kāinga Ora–Homes And Communities $1,019.02 immediately, calculated as shown in table below.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing by Teams video link or by telephone. The Tribunal may hear a matter in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied of the hearing was given to the full stop
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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy.
The landlord provided photos of the premises at the end of the tenancy showing that further cleaning of the house and oven would be required to bring the premises to a reasonably clean and tidy standard. The amounts claimed are reasonable
The amounts ordered are proven.

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: • Patch holes in walls. • Repair holes in door. • Replace damaged door.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The claim for damage to the window restrictors was withdrawn.
The amounts ordered are proven.

Tenancy Tribunal case 5414088 — Cleanliness at Unit/Flat Flat 4, 52 Marr Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5414088 — Cleanliness at Unit/Flat Flat 4, 52 Marr Road, Manurewa, Auckland 2102

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