Published tribunal order
Tenancy Tribunal case 5161053 — Property damage at 8B Tourmalin Place, Wiri, Auckland 2104
Decided 30 Jun 2025 · Published 30 Jun 2025 · Application 5161053
Landlord favoured
- Property damage
Order
- Jovanagh Samuels must pay Kāinga Ora–Homes And Communities $1,990.03 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing which was held by videoconference. The tenant did not attend and was unable to contacted on the number specified in the Notice of Hearing, which was properly served.
- 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 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.
- Exit inspection photographs provided by the landlord show that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The photos show that a large quantity of material, including furniture and other bulky items were left.
- The grounds were left badly overgrown.
- The compensation claimed by the landlord is proved by the work order provided and is reasonable having regard the work required,
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 exit photos show damage to wall linings in a number of places.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The compensation ordered is proved by the work order provided.
- The tenant had a debt to the landlord for providing a skip bin and repairing damage during the tenancy. The amount awarded takes into account payments that the tenant has continued to make since the tenancy ended, that have been applied to that existing debt.