Published tribunal order
Tenancy Tribunal case 5153911 — Cleanliness at 96B Bairds Road, Otara, Auckland 2023
Decided 3 Jul 2025 · Published 3 Jul 2025 · Application 5153911
Landlord favoured
- Cleanliness
- Property damage
Order
- Diana Brown must pay Kāinga Ora–Homes and Communities $1,469.73 immediately, as calculated in the table below:
- The Bond Centre is to pay the bond of $146.00 (3022575-006) to Kāinga Ora– Homes and Communities immediately.
Reasons
- Both parties attended the hearing.
- The landlord has applied for compensation and refund of the bond 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, 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 (RTA).
- The landlord says that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. It was required to undertake cleaning at a cost of $678.61, interior rubbish removal at $908.22, exterior rubbish removal at a cost of $328.24 and exterior lawns of $113,02. Photographs have been provided in support of the claim.
- The tenant says that there was only a small amount of rubbish left at the property, and that when she returned the key, she was told by her case manager just to leave the rubbish in bags at the property. She also says that the property was clean and tidy.
- I have reviewed the photographs and am satisfied that the property was not left in a reasonably clean and tidy condition, and that there was rubbish left at the property that required disposal, including several rubbish bags and a trampoline. However, the interior rubbish cost is high compared to the amount of belongings shown in the photographs. Accordingly, I have reduced the amount ordered for this to $500.00.
- 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 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 landlord claims for the cost to repair a hole in one of the doors at a cost of $91.86. A photograph provided shows a square that appears to have been intentionally cut out.
- The following damage was caused during the tenancy: Door hole. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved. R Harvey-Lane 03 July 2025