What was the outcome of Tenancy Tribunal case 5246080?

The tribunal order states: Wanita Rutu Huirua W Matoe must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5246080?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $362.00 awarded to tenant; Walls and Doors: $828.64 awarded to landlord; Rubbish Removal: $4,315.68 awarded to landlord

What type of tenancy dispute was case 5246080?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5246080?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12209036-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5246080?

The tribunal order states: Wanita Rutu Huirua W Matoe must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5246080?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $362.00 awarded to tenant; Walls and Doors: $828.64 awarded to landlord; Rubbish Removal: $4,315.68 awarded to landlord

What type of tenancy dispute was case 5246080?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5246080?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12209036-Tenancy_Tribunal_Order.pdf.

12 Hope Place, Otara, Auckland 2023 Tenancy Tribunal Case 5246080 — Property damage

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12 Hope Place, Otara, Auckland 2023 Tenancy Tribunal Case 5246080 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5246080 — net $4,601.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: to walls and doors	$828.64		Repairs: to walls and doors
Rubbish removal	$4,315.68		Rubbish removal
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent arrears		$362.00	Rent arrears
Total award	$5,171.32	$362.00
Net award	$4,601.32
Total payable by Tenant to Landlord	$4,601.32

Claims and awards for application 5246080 — net $4,601.32 NZD. Verify on MoJ.

Repairs: to walls and doors

Amount: $828.64
Awarded to: Landlord
Reason: Repairs: to walls and doors

Rubbish removal

Amount: $4,315.68
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Rent arrears

Amount: $362.00
Awarded to: Tenant
Reason: Rent arrears

Total award

Landlord $5,171.32 · Tenant $362.00

Net award

Landlord $4,601.32

Total payable by Tenant to Landlord

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Rubbish Removal

Order

Wanita Rutu Huirua W Matoe must pay Kāinga Ora–Homes And Communities $4,601.32 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $208.00 (3023409-013) to Kāinga Ora– Homes And Communities immediately.

Reasons

Only the applicant landlord attended the hearing. The tenant could not be contacted.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 18/3/2025. The landlord provided rent records which prove the credit owing to the tenant, at 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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove extensive rubbish, from inside and outside the property.
The amounts ordered is high but proved by the photographs and invoices provided which provide detail of the labour and actual costs of disposing of such a vast quantity of rubbish.

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.
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: there were a total of 17 holes in walls and one door that was damaged and required repair. The damage is considerably more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation.
The amount awarded is to reimburse the applicant for actual costs to repair the many damaged surfaces throughout the property.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5246080 — net $4,601.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: to walls and doors	$828.64		Repairs: to walls and doors
Rubbish removal	$4,315.68		Rubbish removal
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent arrears		$362.00	Rent arrears
Total award	$5,171.32	$362.00
Net award	$4,601.32
Total payable by Tenant to Landlord	$4,601.32

Claims and awards for application 5246080 — net $4,601.32 NZD. Verify on MoJ.

Repairs: to walls and doors

Amount: $828.64
Awarded to: Landlord
Reason: Repairs: to walls and doors

Rubbish removal

Amount: $4,315.68
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Rent arrears

Amount: $362.00
Awarded to: Tenant
Reason: Rent arrears

Total award

Landlord $5,171.32 · Tenant $362.00

Net award

Landlord $4,601.32

Total payable by Tenant to Landlord

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Rubbish Removal

Order

Wanita Rutu Huirua W Matoe must pay Kāinga Ora–Homes And Communities $4,601.32 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $208.00 (3023409-013) to Kāinga Ora– Homes And Communities immediately.

Reasons

Only the applicant landlord attended the hearing. The tenant could not be contacted.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 18/3/2025. The landlord provided rent records which prove the credit owing to the tenant, at 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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove extensive rubbish, from inside and outside the property.
The amounts ordered is high but proved by the photographs and invoices provided which provide detail of the labour and actual costs of disposing of such a vast quantity of rubbish.

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.
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: there were a total of 17 holes in walls and one door that was damaged and required repair. The damage is considerably more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation.
The amount awarded is to reimburse the applicant for actual costs to repair the many damaged surfaces throughout the property.

Tenancy Tribunal case 5246080 — Property damage at 12 Hope Place, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5246080 — Property damage at 12 Hope Place, Otara, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

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