What was the outcome of Tenancy Tribunal case 5448948?

The tribunal order states: Melanie Ann Angell must pay Kāinga Ora–Homes And Communities $6,612.39

How much money was awarded in case 5448948?

Cleaning: $561.78 awarded to landlord; Lawns and Garden Work: $156.25 awarded to landlord; Property Damage: $42.00 awarded to landlord; Property Damage: $546.90 awarded to landlord; Rent Arrears: $3,242.00 awarded to landlord; Rubbish Removal: $2,063.46 awarded to landlord

What type of tenancy dispute was case 5448948?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 5448948?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13547201-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5448948?

The tribunal order states: Melanie Ann Angell must pay Kāinga Ora–Homes And Communities $6,612.39

How much money was awarded in case 5448948?

Cleaning: $561.78 awarded to landlord; Lawns and Garden Work: $156.25 awarded to landlord; Property Damage: $42.00 awarded to landlord; Property Damage: $546.90 awarded to landlord; Rent Arrears: $3,242.00 awarded to landlord; Rubbish Removal: $2,063.46 awarded to landlord

What type of tenancy dispute was case 5448948?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 5448948?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13547201-Tribunal_Order.pdf.

47B Paerata Road, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 5448948 — Rent arrears

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47B Paerata Road, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 5448948 — Rent arrears | 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 5448948 — net $6,612.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 March 2023	$3,242.00	Rent arrears to 13 March 2023
Cleaning	$561.78	Cleaning
Rubbish removal	$2,063.46	Rubbish removal
Lawns and Garden work	$156.25	Lawns and Garden work
Repairs	$546.90	Repairs
Lock/key replacement: prior to tenancy ending	$42.00	Lock/key replacement: prior to tenancy ending
Net award	$6,612.39
Total payable by Tenant to Landlord	$6,612.39

Claims and awards for application 5448948 — net $6,612.39 NZD. Verify on MoJ.

Rent arrears to 13 March 2023

Amount: $3,242.00
Awarded to: Landlord
Reason: Rent arrears to 13 March 2023

Cleaning

Amount: $561.78
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $2,063.46
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $156.25
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs

Amount: $546.90
Awarded to: Landlord
Reason: Repairs

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

Melanie Ann Angell must pay Kāinga Ora–Homes And Communities $6,612.39 immediately, calculated as shown in table below.

Reasons

This hearing was held by video today. Only the landlord attended. The tenant was called on the two numbers held by the landlord for her. Neither call was answered.
This claim relates to a tenancy that ended in March 2023. The landlord did not file its claim until February this year, almost three years later.
Any claim for compensation arising for breach of the tenancy agreement can be made within six years of the breach, therefore the landlord is entitled to make the claim.
I am satisfied that the tenant has been served at her new address which the landlord provided the Tribunal with.
The landlord has applied for rent arrears, compensation for repairs, cleaning, rubbish removal and lawns, following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 13 March 2023. The landlord provided rent records, which prove the amount owing at the end of the tenancy. After the tenancy ended the landlord applied the bond of $222 towards the amount owed by the tenant. The amount recorded here is the rent owing less 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 landlord provided the Tribunal with both an ingoing pre-tenancy inspection and a vacate inspection completed on the 14 March 2023. The inspection reports show the condition of the property both before the tenancy and after.
The vacate inspection report shows tenant did not leave the premises reasonably clean and tidy, the lawns were not mown and the grass was very high, the tenant left a considerable amount of rubbish in and around the property.
The landlord had its contractors do this work and the tenant is liable for the amounts paid as I consider them reasonable.
In April 2022 the tenant lost her keys and asked for a lock change. The amount of $42.00 is still owed for that lock change.
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.
The following damage was caused during the tenancy: Holes and slash marks in the walls, doors removed from the hinges and large holes in the doors. 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 & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5448948 — net $6,612.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 March 2023	$3,242.00	Rent arrears to 13 March 2023
Cleaning	$561.78	Cleaning
Rubbish removal	$2,063.46	Rubbish removal
Lawns and Garden work	$156.25	Lawns and Garden work
Repairs	$546.90	Repairs
Lock/key replacement: prior to tenancy ending	$42.00	Lock/key replacement: prior to tenancy ending
Net award	$6,612.39
Total payable by Tenant to Landlord	$6,612.39

Claims and awards for application 5448948 — net $6,612.39 NZD. Verify on MoJ.

Rent arrears to 13 March 2023

Amount: $3,242.00
Awarded to: Landlord
Reason: Rent arrears to 13 March 2023

Cleaning

Amount: $561.78
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $2,063.46
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $156.25
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs

Amount: $546.90
Awarded to: Landlord
Reason: Repairs

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

Melanie Ann Angell must pay Kāinga Ora–Homes And Communities $6,612.39 immediately, calculated as shown in table below.

Reasons

This hearing was held by video today. Only the landlord attended. The tenant was called on the two numbers held by the landlord for her. Neither call was answered.
This claim relates to a tenancy that ended in March 2023. The landlord did not file its claim until February this year, almost three years later.
Any claim for compensation arising for breach of the tenancy agreement can be made within six years of the breach, therefore the landlord is entitled to make the claim.
I am satisfied that the tenant has been served at her new address which the landlord provided the Tribunal with.
The landlord has applied for rent arrears, compensation for repairs, cleaning, rubbish removal and lawns, following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 13 March 2023. The landlord provided rent records, which prove the amount owing at the end of the tenancy. After the tenancy ended the landlord applied the bond of $222 towards the amount owed by the tenant. The amount recorded here is the rent owing less 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 landlord provided the Tribunal with both an ingoing pre-tenancy inspection and a vacate inspection completed on the 14 March 2023. The inspection reports show the condition of the property both before the tenancy and after.
The vacate inspection report shows tenant did not leave the premises reasonably clean and tidy, the lawns were not mown and the grass was very high, the tenant left a considerable amount of rubbish in and around the property.
The landlord had its contractors do this work and the tenant is liable for the amounts paid as I consider them reasonable.
In April 2022 the tenant lost her keys and asked for a lock change. The amount of $42.00 is still owed for that lock change.
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.
The following damage was caused during the tenancy: Holes and slash marks in the walls, doors removed from the hinges and large holes in the doors. 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 5448948 — Rent arrears at 47B Paerata Road, Pukekohe, Pukekohe 2120

At a glance

Tenancy Tribunal case 5448948 — Rent arrears at 47B Paerata Road, Pukekohe, Pukekohe 2120

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

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