What was the outcome of Tenancy Tribunal case 5236773?

The tribunal order states: Taniora Jason Foster must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5236773?

Property Damage: $169.95 awarded to landlord; Rubbish Removal: $1,283.81 awarded to landlord

What type of tenancy dispute was case 5236773?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5236773?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11977249-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5236773?

The tribunal order states: Taniora Jason Foster must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5236773?

Property Damage: $169.95 awarded to landlord; Rubbish Removal: $1,283.81 awarded to landlord

What type of tenancy dispute was case 5236773?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5236773?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11977249-Tenancy_Tribunal_Order.pdf.

10 Frieda Henare Lane, Henderson, Auckland 0612 Tenancy Tribunal Case 5236773 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5236773 — net $1,205.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning and rubbish removal	$1,283.81	Cleaning and rubbish removal
Wall repairs	$169.95	Wall repairs
Net award	$1,205.76
Total payable by Tenant to Landlord	$1,205.76

The landlord attended the hearing. The tenant did not attend the hearing and did not respond when telephoned on the number ending in 430.

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.

The landlord has provided photographs that show that belongings and rubbish were left throughout the property and required disposal. The photographs show that additional cleaning was also required. I am satisfied from the evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The evidence shows that the cleaning and rubbish removal costs totalled $1,666.81 (being $1,210.96 for rubbish removal and $455.85 for cleaning). Due to credits on the account, the total amount awarded has been reduced by $383.00, to $1,283.81.

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 the costs to repair several holes in the property and has provided photographs and evidence of the cost of repair, totalling $169.95.

The following damage was caused during the tenancy: holes in walls. 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 13 June 2025

Claims and awards in Tenancy Tribunal application 5236773 — net $1,205.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning and rubbish removal	$1,283.81	Cleaning and rubbish removal
Wall repairs	$169.95	Wall repairs
Net award	$1,205.76
Total payable by Tenant to Landlord	$1,205.76

Order

Taniora Jason Foster must pay Kāinga Ora–Homes and Communities $1,205.76 immediately, as calculated in the table below:
The Bond Centre is to pay the bond of $248.00 (number unknown) to Kāinga Ora–Homes and Communities immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing and did not respond when telephoned on the number ending in 430.
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.
The landlord has provided photographs that show that belongings and rubbish were left throughout the property and required disposal. The photographs show that additional cleaning was also required. I am satisfied from the evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The evidence shows that the cleaning and rubbish removal costs totalled $1,666.81 (being $1,210.96 for rubbish removal and $455.85 for cleaning). Due to credits on the account, the total amount awarded has been reduced by $383.00, to $1,283.81.
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 the costs to repair several holes in the property and has provided photographs and evidence of the cost of repair, totalling $169.95.
The following damage was caused during the tenancy: holes in walls. 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 13 June 2025

Tenancy Tribunal case 5236773 — Property damage at 10 Frieda Henare Lane, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 5236773 — Property damage at 10 Frieda Henare Lane, Henderson, Auckland 0612

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