What was the outcome of Tenancy Tribunal case 5204612?

The tribunal order states: Fane Koi Vaka must pay Kāinga Ora–Homes And Communities $1,307.88

How much money was awarded in case 5204612?

Filing Fee: $27.00 awarded to landlord; Replace Furnishings: Carpet: $380.88 awarded to landlord; Rubbish Removal: $900.00 awarded to landlord

What type of tenancy dispute was case 5204612?

The dispute type was not classified.

Where can I read the official tribunal order for case 5204612?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12372589-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5204612?

The tribunal order states: Fane Koi Vaka must pay Kāinga Ora–Homes And Communities $1,307.88

How much money was awarded in case 5204612?

Filing Fee: $27.00 awarded to landlord; Replace Furnishings: Carpet: $380.88 awarded to landlord; Rubbish Removal: $900.00 awarded to landlord

What type of tenancy dispute was case 5204612?

The dispute type was not classified.

Where can I read the official tribunal order for case 5204612?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12372589-Tenancy_Tribunal_Order.pdf.

Unit/Flat 6, 193 Beach Haven Road, Beach Haven, Tenancy Tribunal Case 5204612 — Tenancy dispute

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Reasons

Claims and awards in Tenancy Tribunal application 5204612 — net $1,307.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: Carpet	$380.88	Replace furnishings: Carpet
Rubbish removal	$900.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,307.88
Total payable by Tenant to Landlord	$1,307.88

Ms. Rea attended the hearing via teleconference on behalf of the landlord.

Ms. Vaka, the tenant, did not attend the hearing.

Ms. Rea stated that there had been no further communication with Ms. Vaka since January 2025.

The court registrar attempted to call Ms. Vaka three times in the morning to confirm her availability, but the calls were unsuccessful and went to voicemail.

The court registrar called Ms. Vaka again in the afternoon, but the call went to voicemail. I therefore proceeded with the hearing in Ms. Vaka’s absence.

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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

Ms. Rea submitted a final inspection report dated 29 January 2026. The photos show that furniture and other miscellaneous items were left on the premises.

Accordingly, I am satisfied that the tenant did not remove all rubbish and other miscellaneous items at the end of the tenancy.

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 following damage was caused during the tenancy: a. Carpet

Ms. Rea stated that the carpet was brand new at the commencement of the tenancy. At the end of the tenancy, the carpet was damaged by “paint-like” (my description) stains that could not be cleaned or removed.

Accordingly, I am satisfied that the damage is more than fair wear and tear, and the tenant has not disproved liability for it.

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.

The original cost of the carpet was $634.80. Based on a 10-year life cycle and depreciation over 4 years, the claim is $380.88.

This amount is reasonable given the depreciation. Filing fee

Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee. Name suppression

The tenant did not attend the hearing. There was no application from the tenant seeking name suppression.

Reasons

Claims and awards in Tenancy Tribunal application 5204612 — net $1,307.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: Carpet	$380.88	Replace furnishings: Carpet
Rubbish removal	$900.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,307.88
Total payable by Tenant to Landlord	$1,307.88

Ms. Rea attended the hearing via teleconference on behalf of the landlord.

Ms. Vaka, the tenant, did not attend the hearing.

Ms. Rea stated that there had been no further communication with Ms. Vaka since January 2025.

The court registrar attempted to call Ms. Vaka three times in the morning to confirm her availability, but the calls were unsuccessful and went to voicemail.

The court registrar called Ms. Vaka again in the afternoon, but the call went to voicemail. I therefore proceeded with the hearing in Ms. Vaka’s absence.

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?

Ms. Rea submitted a final inspection report dated 29 January 2026. The photos show that furniture and other miscellaneous items were left on the premises.

Accordingly, I am satisfied that the tenant did not remove all rubbish and other miscellaneous items at the end of the tenancy.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy: a. Carpet

Accordingly, I am satisfied that the damage is more than fair wear and tear, and the tenant has not disproved liability for it.

The amounts ordered are proved.

The original cost of the carpet was $634.80. Based on a 10-year life cycle and depreciation over 4 years, the claim is $380.88.

This amount is reasonable given the depreciation. Filing fee

Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee. Name suppression

The tenant did not attend the hearing. There was no application from the tenant seeking name suppression.

Tenancy Tribunal case 5204612 — Tenancy dispute at Unit/Flat 6, 193 Beach Haven Road, Beach Haven,

At a glance

Tenancy Tribunal case 5204612 — Tenancy dispute at Unit/Flat 6, 193 Beach Haven Road, Beach Haven,

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

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

Frequently asked questions