What was the outcome of Tenancy Tribunal case 5056128?

The tribunal order states: Stacey Taiapo must pay Oaks Property Management Limited As Agent For Sri

How much money was awarded in case 5056128?

Cleaning: $632.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $143.75 awarded to landlord; Property Damage: $327.75 awarded to landlord; Walls: $3,028.52 awarded to landlord; Rubbish Removal: $1,707.75 awarded to landlord

What type of tenancy dispute was case 5056128?

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

Where can I read the official tribunal order for case 5056128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12200105-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5056128?

The tribunal order states: Stacey Taiapo must pay Oaks Property Management Limited As Agent For Sri

How much money was awarded in case 5056128?

Cleaning: $632.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $143.75 awarded to landlord; Property Damage: $327.75 awarded to landlord; Walls: $3,028.52 awarded to landlord; Rubbish Removal: $1,707.75 awarded to landlord

What type of tenancy dispute was case 5056128?

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

Where can I read the official tribunal order for case 5056128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12200105-Tribunal_Order.pdf.

1 Fairlight Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 5056128 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5056128 — net $3,107.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$327.75	Window repairs
Rubbish removal	$1,707.75	Rubbish removal
Cleaning	$632.50	Cleaning
Lawns and Garden work	$143.75	Lawns and Garden work
Repairs: walls	$3,028.52	Repairs: walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,107.27
Total payable by Tenant to Landlord	$3,107.27

Stacey Taiapo must pay Oaks Property Management Limited As Agent For Sri Property Investment Ltd $3,107.27 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,760.00 (3272016-009) to Oaks Property Management Limited As Agent For Sri Property Investment Ltd immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.

On 2 April 2025 the Tribunal made an order for rent arrears, locks, and water. The proceedings were adjourned for further evidence to be filed in relation to the claims for cleaning and repairs.

On 13 June 2025 the Tribunal again adjourned the hearing for the landlord to produce evidence in relation to the insurance claim.

At the hearing held on 1 August 2025 the landlord produced an ingoing inspection report, an outgoing inspection report, a table in relation to the claims from the insurance company and two invoices.

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 did not leave the premises reasonably clean and tidy, and 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 following damage was caused during the tenancy: three broken windows (2 cracked windows from the beginning of the tenancy are not included, wall holes in the lounge and bedroom. 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 had claimed for repairs to window frames however the photographs at the end of the tenancy do not show that the window frames required repair. There are photographs from the ingoing report showing the paint flaking on some of the windowsills. Also, this claim was declined by the insurance company because it was “wear and tear” and maintenance. That claim is not allowed and is dismissed.

Because Oaks Property Management Limited As Agent For Sri Property Investment Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5056128 — net $3,107.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$327.75	Window repairs
Rubbish removal	$1,707.75	Rubbish removal
Cleaning	$632.50	Cleaning
Lawns and Garden work	$143.75	Lawns and Garden work
Repairs: walls	$3,028.52	Repairs: walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,107.27
Total payable by Tenant to Landlord	$3,107.27

Order

Stacey Taiapo must pay Oaks Property Management Limited As Agent For Sri Property Investment Ltd $3,107.27 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,760.00 (3272016-009) to Oaks Property Management Limited As Agent For Sri Property Investment Ltd immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
On 2 April 2025 the Tribunal made an order for rent arrears, locks, and water. The proceedings were adjourned for further evidence to be filed in relation to the claims for cleaning and repairs.
On 13 June 2025 the Tribunal again adjourned the hearing for the landlord to produce evidence in relation to the insurance claim.
At the hearing held on 1 August 2025 the landlord produced an ingoing inspection report, an outgoing inspection report, a table in relation to the claims from the insurance company and two invoices.

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 did not leave the premises reasonably clean and tidy, and 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 following damage was caused during the tenancy: three broken windows (2 cracked windows from the beginning of the tenancy are not included, wall holes in the lounge and bedroom. 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 had claimed for repairs to window frames however the photographs at the end of the tenancy do not show that the window frames required repair. There are photographs from the ingoing report showing the paint flaking on some of the windowsills. Also, this claim was declined by the insurance company because it was “wear and tear” and maintenance. That claim is not allowed and is dismissed.
Because Oaks Property Management Limited As Agent For Sri Property Investment Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5056128 — Property damage at 1 Fairlight Place, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5056128 — Property damage at 1 Fairlight Place, 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

Property management

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

Property management

Frequently asked questions