What was Tenancy Tribunal case 5264880 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5264880?

Cleaning: $157.36 awarded to landlord; Property Damage: $3,530.70 awarded to landlord; Replace Cabinet Drawer: $458.04 awarded to landlord; Rubbish Removal: $4,062.31 awarded to landlord

What type of tenancy dispute was case 5264880?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5264880?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12837813-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5264880 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5264880?

Cleaning: $157.36 awarded to landlord; Property Damage: $3,530.70 awarded to landlord; Replace Cabinet Drawer: $458.04 awarded to landlord; Rubbish Removal: $4,062.31 awarded to landlord

What type of tenancy dispute was case 5264880?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5264880?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12837813-Tenancy_Tribunal_Order.pdf.

22A Hillside Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 5264880 — Property damage

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22A Hillside Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 5264880 — 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 5264880 — net $8,208.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace cabinet drawer	$458.04	Replace cabinet drawer
Cleaning	$157.36	Cleaning
Carpet replacement	$3,530.70	Carpet replacement
Rubbish removal	$4,062.31	Rubbish removal
Net award	$8,208.41
Total payable by Tenant to Landlord	$8,208.41

Claims and awards for application 5264880 — net $8,208.41 NZD. Verify on MoJ.

Replace cabinet drawer

Amount: $458.04
Awarded to: Landlord
Reason: Replace cabinet drawer

Cleaning

Amount: $157.36
Awarded to: Landlord
Reason: Cleaning

Carpet replacement

Amount: $3,530.70
Awarded to: Landlord
Reason: Carpet replacement

Rubbish removal

Amount: $4,062.31
Awarded to: Landlord
Reason: Rubbish removal

Net award

Landlord $8,208.41

Total payable by Tenant to Landlord

Landlord $8,208.41

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $8,208.41 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing. The tenant did not attend the hearing.
The landlord filed the application more than two months after the tenancy ended but has the tenant’s current address because she continues to reside at a Kāinga Ora–Homes And Communities property.
I am satisfied that the tenant has received notice of this hearing.
The landlord has applied for compensation following the end of the tenancy.
The landlord has withdrawn parts of the claim including wall holes and patching, painting walls, replacing doors and replacing curtains.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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 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: damaged cabinet drawer and damaged carpet. The cost to replace the carpet has been depreciated by 50%. The carpet was new at the beginning of the tenancy but five years old at the end. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

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 5264880 — net $8,208.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace cabinet drawer	$458.04	Replace cabinet drawer
Cleaning	$157.36	Cleaning
Carpet replacement	$3,530.70	Carpet replacement
Rubbish removal	$4,062.31	Rubbish removal
Net award	$8,208.41
Total payable by Tenant to Landlord	$8,208.41

Claims and awards for application 5264880 — net $8,208.41 NZD. Verify on MoJ.

Replace cabinet drawer

Amount: $458.04
Awarded to: Landlord
Reason: Replace cabinet drawer

Cleaning

Amount: $157.36
Awarded to: Landlord
Reason: Cleaning

Carpet replacement

Amount: $3,530.70
Awarded to: Landlord
Reason: Carpet replacement

Rubbish removal

Amount: $4,062.31
Awarded to: Landlord
Reason: Rubbish removal

Net award

Landlord $8,208.41

Total payable by Tenant to Landlord

Landlord $8,208.41

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $8,208.41 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing. The tenant did not attend the hearing.
The landlord filed the application more than two months after the tenancy ended but has the tenant’s current address because she continues to reside at a Kāinga Ora–Homes And Communities property.
I am satisfied that the tenant has received notice of this hearing.
The landlord has applied for compensation following the end of the tenancy.
The landlord has withdrawn parts of the claim including wall holes and patching, painting walls, replacing doors and replacing curtains.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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 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: damaged cabinet drawer and damaged carpet. The cost to replace the carpet has been depreciated by 50%. The carpet was new at the beginning of the tenancy but five years old at the end. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 5264880 — Property damage at 22A Hillside Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 5264880 — Property damage at 22A Hillside Road, Papatoetoe, Auckland 2025

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

Property management

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

Property management

Frequently asked questions