What was the outcome of Tenancy Tribunal case 5432490?

The tribunal order states: Charles Tautoko Witika must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5432490?

Property Damage: $84.00 awarded to landlord; Property Damage: $402.36 awarded to landlord; Rent Account Credit: $119.28 awarded to tenant; Holes In Walls: $181.80 awarded to landlord; Rubbish Removal: $1,211.35 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Property Damage: $148.00 awarded to landlord

What type of tenancy dispute was case 5432490?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5432490?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13561890-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5432490?

The tribunal order states: Charles Tautoko Witika must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5432490?

Property Damage: $84.00 awarded to landlord; Property Damage: $402.36 awarded to landlord; Rent Account Credit: $119.28 awarded to tenant; Holes In Walls: $181.80 awarded to landlord; Rubbish Removal: $1,211.35 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Property Damage: $148.00 awarded to landlord

What type of tenancy dispute was case 5432490?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5432490?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13561890-Tenancy_Tribunal_Order.pdf.

35 Upham Terrace, Roslyn, Palmerston North 4414 Tenancy Tribunal Case 5432490 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

35 Upham Terrace, Roslyn, Palmerston North 4414 Tenancy Tribunal Case 5432490 — Property damage | 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 5432490 — net $2,050.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal	$1,211.35		Rubbish removal
Window repairs	$402.36		Window repairs
Repairs: holes in walls	$181.80		Repairs: holes in walls
Rubbish removal: skip bin hire 26/10/20	$350.00		Rubbish removal: skip bin hire 26/10/20
Lock/key replacement: 15 March 2024	$84.00		Lock/key replacement: 15 March 2024
Window repairs: 20 December 2024	$148.00		Window repairs: 20 December 2024
Bond received		$208.00	Bond received
Rent account credit		$119.28	Rent account credit
Total award	$2,377.51	$327.28
Net award	$2,050.23
Total payable by Tenant to Landlord	$2,050.23

Claims and awards for application 5432490 — net $2,050.23 NZD. Verify on MoJ.

Rubbish removal

Amount: $1,211.35
Awarded to: Landlord
Reason: Rubbish removal

Window repairs

Amount: $402.36
Awarded to: Landlord
Reason: Window repairs

Repairs: holes in walls

Amount: $181.80
Awarded to: Landlord
Reason: Repairs: holes in walls

Rubbish removal: skip bin hire 26/10/20

Amount: $350.00
Awarded to: Landlord
Reason: Rubbish removal: skip bin hire 26/10/20

Lock/key replacement: 15 March 2024

Amount: $84.00
Awarded to: Landlord
Reason: Lock/key replacement: 15 March 2024

Claim types — money lines allowed on this order

Property damage Rubbish Removal

Order

Charles Tautoko Witika must pay Kāinga Ora–Homes And Communities $2,050.23 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing.
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 remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not remove all rubbish.
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 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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. A window in the dining room was broken. b. There was a hole in the wall and one in the ceiling in the living room. c. There were two holes in the walls of bedroom 3.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord gave evidence that there were outstanding amounts for window repairs, lock replacement and rubbish removal during the tenancy for which the tenant had accepted responsibility and that the landlord had received the bond and held a credit in the tenant’s rent account. It is appropriate to include these sums in this Order so that all claims by the landlord in relation to this tenancy are finalised.

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 5432490 — net $2,050.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal	$1,211.35		Rubbish removal
Window repairs	$402.36		Window repairs
Repairs: holes in walls	$181.80		Repairs: holes in walls
Rubbish removal: skip bin hire 26/10/20	$350.00		Rubbish removal: skip bin hire 26/10/20
Lock/key replacement: 15 March 2024	$84.00		Lock/key replacement: 15 March 2024
Window repairs: 20 December 2024	$148.00		Window repairs: 20 December 2024
Bond received		$208.00	Bond received
Rent account credit		$119.28	Rent account credit
Total award	$2,377.51	$327.28
Net award	$2,050.23
Total payable by Tenant to Landlord	$2,050.23

Claims and awards for application 5432490 — net $2,050.23 NZD. Verify on MoJ.

Rubbish removal

Amount: $1,211.35
Awarded to: Landlord
Reason: Rubbish removal

Window repairs

Amount: $402.36
Awarded to: Landlord
Reason: Window repairs

Repairs: holes in walls

Amount: $181.80
Awarded to: Landlord
Reason: Repairs: holes in walls

Rubbish removal: skip bin hire 26/10/20

Amount: $350.00
Awarded to: Landlord
Reason: Rubbish removal: skip bin hire 26/10/20

Lock/key replacement: 15 March 2024

Amount: $84.00
Awarded to: Landlord
Reason: Lock/key replacement: 15 March 2024

Claim types — money lines allowed on this order

Property damage Rubbish Removal

Order

Charles Tautoko Witika must pay Kāinga Ora–Homes And Communities $2,050.23 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing.
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 remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not remove all rubbish.
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 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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. A window in the dining room was broken. b. There was a hole in the wall and one in the ceiling in the living room. c. There were two holes in the walls of bedroom 3.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord gave evidence that there were outstanding amounts for window repairs, lock replacement and rubbish removal during the tenancy for which the tenant had accepted responsibility and that the landlord had received the bond and held a credit in the tenant’s rent account. It is appropriate to include these sums in this Order so that all claims by the landlord in relation to this tenancy are finalised.

Tenancy Tribunal case 5432490 — Property damage at 35 Upham Terrace, Roslyn, Palmerston North 4414

At a glance

Tenancy Tribunal case 5432490 — Property damage at 35 Upham Terrace, Roslyn, Palmerston North 4414

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