What was the outcome of Tenancy Tribunal case 5438079?

The tribunal order states: Anita Marie Ritchie must pay Kāinga Ora–Homes And Communities $12,214.78

How much money was awarded in case 5438079?

Cleaning: $152.71 awarded to landlord; Lawns and Garden Work: $2,255.50 awarded to landlord; Patching, Painting, Carpet: $6,913.07 awarded to landlord; Replace Furnishings: Oven: $316.25 awarded to landlord; Replace furnishings: rangehood filte…: $59.95 awarded to landlord; Rubbish Removal: $1,905.41 awarded to landlord; Property Damage: $611.89 awarded to landlord

What type of tenancy dispute was case 5438079?

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

Where can I read the official tribunal order for case 5438079?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13662334-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5438079?

The tribunal order states: Anita Marie Ritchie must pay Kāinga Ora–Homes And Communities $12,214.78

How much money was awarded in case 5438079?

Cleaning: $152.71 awarded to landlord; Lawns and Garden Work: $2,255.50 awarded to landlord; Patching, Painting, Carpet: $6,913.07 awarded to landlord; Replace Furnishings: Oven: $316.25 awarded to landlord; Replace furnishings: rangehood filte…: $59.95 awarded to landlord; Rubbish Removal: $1,905.41 awarded to landlord; Property Damage: $611.89 awarded to landlord

What type of tenancy dispute was case 5438079?

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

Where can I read the official tribunal order for case 5438079?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13662334-Tenancy_Tribunal_Order.pdf.

24 Edmonton Avenue, Onehunga, Auckland 1061 Tenancy Tribunal Case 5438079 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

24 Edmonton Avenue, Onehunga, Auckland 1061 Tenancy Tribunal Case 5438079 — 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 5438079 — net $12,214.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and garden work and rubbish removal exterior	$2,255.50	Lawns and garden work and rubbish removal exterior
Cleaning and rubbish removal interior	$1,905.41	Cleaning and rubbish removal interior
Cleaning: kitchen cupboards and rangehood	$152.71	Cleaning: kitchen cupboards and rangehood
Window repairs: and door	$611.89	Window repairs: and door
Replace furnishings: rangehood filters	$59.95	Replace furnishings: rangehood filters
Replace furnishings: oven	$316.25	Replace furnishings: oven
Repairs: patching, painting, carpet	$6,913.07	Repairs: patching, painting, carpet
Net award	$12,214.78
Total payable by Tenant to Landlord	$12,214.78

Claims and awards for application 5438079 — net $12,214.78 NZD. Verify on MoJ.

Lawns and garden work and rubbish removal exterior

Amount: $2,255.50
Awarded to: Landlord
Reason: Lawns and garden work and rubbish removal exterior

Cleaning and rubbish removal interior

Amount: $1,905.41
Awarded to: Landlord
Reason: Cleaning and rubbish removal interior

Cleaning: kitchen cupboards and rangehood

Amount: $152.71
Awarded to: Landlord
Reason: Cleaning: kitchen cupboards and rangehood

Window repairs: and door

Amount: $611.89
Awarded to: Landlord
Reason: Window repairs: and door

Replace furnishings: rangehood filters

Amount: $59.95
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rubbish Removal

Order

Anita Marie Ritchie must pay Kāinga Ora–Homes And Communities $12,214.78 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for compensation following the end of the tenancy.
The landlord provided entry inspection and exit inspection reports and a schedule of costs, totalling $12,214.76.
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.
The photos show that the tenant had not done any cleaning and had left items and rubbish throughout the property, inside and out. The lawns were overgrown. The tenant had signed a statement authorising the landlord to dispose of everything.
I am satisfied that the cleaning and clearing up required was extensive.
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 photos show that following damage was caused during the tenancy: a. stove top damage b. scribbling, graffiti, marks and/or stickers on walls and ceilings in bedrooms 2, 3, 4, 5 living room, hallway, garage c. holes in walls and doors in hallways, dining room, bedrooms 1, 2, 3, 4, bathroom d. stained carpet in living room, bedrooms and hallway e. broken window in bedroom 1 and garage. f. broken wardrobe door bedroom 2.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided an itemised schedule for all amounts claimed and also provided an itemised schedule for patching, painting and replacement of carpet, and replacement oven to which depreciation was applied. Accordingly, the amounts ordered include depreciation.
The amounts ordered are proved.

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 5438079 — net $12,214.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and garden work and rubbish removal exterior	$2,255.50	Lawns and garden work and rubbish removal exterior
Cleaning and rubbish removal interior	$1,905.41	Cleaning and rubbish removal interior
Cleaning: kitchen cupboards and rangehood	$152.71	Cleaning: kitchen cupboards and rangehood
Window repairs: and door	$611.89	Window repairs: and door
Replace furnishings: rangehood filters	$59.95	Replace furnishings: rangehood filters
Replace furnishings: oven	$316.25	Replace furnishings: oven
Repairs: patching, painting, carpet	$6,913.07	Repairs: patching, painting, carpet
Net award	$12,214.78
Total payable by Tenant to Landlord	$12,214.78

Claims and awards for application 5438079 — net $12,214.78 NZD. Verify on MoJ.

Lawns and garden work and rubbish removal exterior

Amount: $2,255.50
Awarded to: Landlord
Reason: Lawns and garden work and rubbish removal exterior

Cleaning and rubbish removal interior

Amount: $1,905.41
Awarded to: Landlord
Reason: Cleaning and rubbish removal interior

Cleaning: kitchen cupboards and rangehood

Amount: $152.71
Awarded to: Landlord
Reason: Cleaning: kitchen cupboards and rangehood

Window repairs: and door

Amount: $611.89
Awarded to: Landlord
Reason: Window repairs: and door

Replace furnishings: rangehood filters

Amount: $59.95
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rubbish Removal

Order

Anita Marie Ritchie must pay Kāinga Ora–Homes And Communities $12,214.78 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for compensation following the end of the tenancy.
The landlord provided entry inspection and exit inspection reports and a schedule of costs, totalling $12,214.76.
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.
The photos show that the tenant had not done any cleaning and had left items and rubbish throughout the property, inside and out. The lawns were overgrown. The tenant had signed a statement authorising the landlord to dispose of everything.
I am satisfied that the cleaning and clearing up required was extensive.
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 photos show that following damage was caused during the tenancy: a. stove top damage b. scribbling, graffiti, marks and/or stickers on walls and ceilings in bedrooms 2, 3, 4, 5 living room, hallway, garage c. holes in walls and doors in hallways, dining room, bedrooms 1, 2, 3, 4, bathroom d. stained carpet in living room, bedrooms and hallway e. broken window in bedroom 1 and garage. f. broken wardrobe door bedroom 2.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided an itemised schedule for all amounts claimed and also provided an itemised schedule for patching, painting and replacement of carpet, and replacement oven to which depreciation was applied. Accordingly, the amounts ordered include depreciation.
The amounts ordered are proved.

Tenancy Tribunal case 5438079 — Property damage at 24 Edmonton Avenue, Onehunga, Auckland 1061

At a glance

Tenancy Tribunal case 5438079 — Property damage at 24 Edmonton Avenue, Onehunga, Auckland 1061

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions