What was the outcome of Tenancy Tribunal case 5267106?

The tribunal order states: Rahela Makira must pay Judy Lim and Kingdom Home Property Management

How much money was awarded in case 5267106?

Cleaning: $598.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lightbulbs: $57.50 awarded to landlord; Wall Holes: $402.50 awarded to landlord; Rubbish Removal: $199.95 awarded to landlord; Water Rates: $146.54 awarded to landlord

What type of tenancy dispute was case 5267106?

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

Where can I read the official tribunal order for case 5267106?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12314454-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5267106?

The tribunal order states: Rahela Makira must pay Judy Lim and Kingdom Home Property Management

How much money was awarded in case 5267106?

Cleaning: $598.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lightbulbs: $57.50 awarded to landlord; Wall Holes: $402.50 awarded to landlord; Rubbish Removal: $199.95 awarded to landlord; Water Rates: $146.54 awarded to landlord

What type of tenancy dispute was case 5267106?

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

Where can I read the official tribunal order for case 5267106?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12314454-Tenancy_Tribunal_Order.pdf.

5 Blampied Road, Otara, Auckland 2023 Tenancy Tribunal Case 5267106 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5267106 — net $1,431.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Wall holes	$402.50	Repairs: Wall holes
Light bulbs/batteries	$57.50	Light bulbs/batteries
Cleaning	$598.00	Cleaning
Rubbish removal	$199.95	Rubbish removal
Water rates	$146.54	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,431.49
Total payable by Tenant to Landlord	$1,431.49

Both parties attended the hearing. The landlord attended by video and the tenant attended by telephone.

The landlord has applied for water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.

The tenant had earlier agreed to release the bond to the landlord which covered rent arrears and some of the water bills owed.

How much is owed for water rates?

The tenancy ended on 10 March 2025. There were two water bills owing after the release bond was applied to outstanding water invoices. That claim is awarded.

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. The landlord had provided a flexibin for the tenant to remove all rubbish.

The tenant did not return the keys.

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: three small wall holes. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because Judy Lim, Kingdom Home Property Management Limited - As Agent For Judy Lim has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5267106 — net $1,431.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Wall holes	$402.50	Repairs: Wall holes
Light bulbs/batteries	$57.50	Light bulbs/batteries
Cleaning	$598.00	Cleaning
Rubbish removal	$199.95	Rubbish removal
Water rates	$146.54	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,431.49
Total payable by Tenant to Landlord	$1,431.49

Order

Rahela Makira must pay Judy Lim and Kingdom Home Property Management Limited - As Agent For Judy Lim $1,431.49 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing. The landlord attended by video and the tenant attended by telephone.
The landlord has applied for water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.
The tenant had earlier agreed to release the bond to the landlord which covered rent arrears and some of the water bills owed.

How much is owed for water rates?

The tenancy ended on 10 March 2025. There were two water bills owing after the release bond was applied to outstanding water invoices. That claim is awarded.

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. The landlord had provided a flexibin for the tenant to remove all rubbish.
The tenant did not return the keys.
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: three small wall holes. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Judy Lim, Kingdom Home Property Management Limited - As Agent For Judy Lim has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5267106 — Cleanliness at 5 Blampied Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5267106 — Cleanliness at 5 Blampied Road, Otara, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

How much is owed for water rates?

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