What was the outcome of Tenancy Tribunal case 5268981?

The tribunal order states: Jessica Matekeua must pay Kāinga Ora–Homes And Communities $3,217.17

How much money was awarded in case 5268981?

Cleaning: $102.13 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Cabinet Door Rehang X5: $163.35 awarded to landlord; Property Damage: $130.14 awarded to landlord; Property Damage: $246.03 awarded to landlord; Property Damage: $47.58 awarded to landlord; Stopping (Supply & Fit: $19.47 awarded to landlord; Stopping Patch (Supply & Fit: $21.43 awarded to landlord; Rubbish Removal: $2,790.04 awarded to landlord

What type of tenancy dispute was case 5268981?

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

Where can I read the official tribunal order for case 5268981?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12200395-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5268981?

The tribunal order states: Jessica Matekeua must pay Kāinga Ora–Homes And Communities $3,217.17

How much money was awarded in case 5268981?

Cleaning: $102.13 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Cabinet Door Rehang X5: $163.35 awarded to landlord; Property Damage: $130.14 awarded to landlord; Property Damage: $246.03 awarded to landlord; Property Damage: $47.58 awarded to landlord; Stopping (Supply & Fit: $19.47 awarded to landlord; Stopping Patch (Supply & Fit: $21.43 awarded to landlord; Rubbish Removal: $2,790.04 awarded to landlord

What type of tenancy dispute was case 5268981?

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

Where can I read the official tribunal order for case 5268981?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12200395-Tenancy_Tribunal_Order.pdf.

10 Joanne Place, Rosehill, Papakura 2113 Tenancy Tribunal Case 5268981 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5268981 — net $3,217.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Plasterboard replacement	$47.58	Repairs: Plasterboard replacement
Repairs: Stopping (supply & fit	$19.47	Repairs: Stopping (supply & fit
Repairs: Stopping patch (supply & fit	$21.43	Repairs: Stopping patch (supply & fit
Repairs: Cabinet door rehang x5	$163.35	Repairs: Cabinet door rehang x5
Repairs: Cabinet door/drawer bow handle replacement x6	$130.14	Repairs: Cabinet door/drawer bow handle replacement x6
Cleaning: Kitchen cupboards	$102.13	Cleaning: Kitchen cupboards
Repairs: Interior hinged door replacement	$246.03	Repairs: Interior hinged door replacement
Rubbish removal: Exterior rubbish x17 m3	$2,790.04	Rubbish removal: Exterior rubbish x17 m3
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,217.17
Total payable by Tenant to Landlord	$3,217.17

Jessica Matekeua must pay Kāinga Ora–Homes And Communities $3,217.17 immediately, calculated as shown in the table below. DescriptionLandlord Repairs: Plasterboard replacement$47.58 Repairs: Stopping (supply & fit)$19.47 Repairs: Stopping patch (supply & fit)$21.43 Repairs: Cabinet door rehang x5$163.35 Repairs: Cabinet door/drawer bow handle replacement x6$130.14 Cleaning: Kitchen cupboards$102.13 Repairs: Interior hinged door replacement$246.03 Rubbish removal: Exterior rubbish x17 m3$2,790.04 Filing fee reimbursement$27.00 Total award$3,547.17 Bond$330.00 Total payable by Tenant to Landlord$3,217.17

Reasons

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

Ms Matekeua, the tenant, also attended the hearing via teleconference.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Oral submissions Ms Matekeua – the tenant

During the hearing, Ms Matekeua acknowledged that a significant amount of rubbish was left behind at the property when she vacated. She explained that she had only two weeks to move out and had approached WINZ (Work and Income New Zealand) to request a skip bin to help dispose of the rubbish. However, WINZ was unable to arrange an appointment in time. They advised her that she could bring in the invoice afterwards, and they would consider covering the cost.

Ms Matekeua mentioned that she had lived at the property for seven years, and due to a tree falling on the house, she was forced to move out urgently. Her new accommodation had limited storage space, so she was unable to take many of her belongings, particularly those stored in the garage. She admitted to leaving behind items such as scrap wood that had been used to build treehouses for her children. She confirmed she has been making weekly payments of $20 towards the debt since February 2025. Ms Leota – the landlord

Ms Leota confirmed that the claim was for compensation relating to cleaning, damage, and bond, particularly the rubbish left behind. She clarified that while the hire of a skip bin normally costs around $350, the total charge for rubbish removal came to $2,790.04 due to the volume—17 cubic metres—and nature of the materials left at the property.

Ms Leota confirmed that this amount was included in the final claim of $3,682.63 and that the skip bin cost was not being added on top of that. Ms Leota acknowledged Ms Matekeua’s ongoing efforts to repay the amount and confirmed that she was aware of the automatic payment arrangement of $20 per week.

Ms Leota provided a detailed breakdown of the costs claimed, pre-let report dated 15 March 2017 and final inspection report dated 19 December 2024.

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 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 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. Plasterboard replacement b. Stopping (supply & fit) c. Stopping patch (supply & fit) d. Cabinet door rehang (x5) e. Cabinet door/drawer bow handle replacement (x6) f. Cleaning kitchen cupboards g. Major stove cleaning h. Interior hinged door replacement

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Filing fee

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

Claims and awards in Tenancy Tribunal application 5268981 — net $3,217.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Plasterboard replacement	$47.58	Repairs: Plasterboard replacement
Repairs: Stopping (supply & fit	$19.47	Repairs: Stopping (supply & fit
Repairs: Stopping patch (supply & fit	$21.43	Repairs: Stopping patch (supply & fit
Repairs: Cabinet door rehang x5	$163.35	Repairs: Cabinet door rehang x5
Repairs: Cabinet door/drawer bow handle replacement x6	$130.14	Repairs: Cabinet door/drawer bow handle replacement x6
Cleaning: Kitchen cupboards	$102.13	Cleaning: Kitchen cupboards
Repairs: Interior hinged door replacement	$246.03	Repairs: Interior hinged door replacement
Rubbish removal: Exterior rubbish x17 m3	$2,790.04	Rubbish removal: Exterior rubbish x17 m3
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,217.17
Total payable by Tenant to Landlord	$3,217.17

Order

Jessica Matekeua must pay Kāinga Ora–Homes And Communities $3,217.17 immediately, calculated as shown in the table below. DescriptionLandlord Repairs: Plasterboard replacement$47.58 Repairs: Stopping (supply & fit)$19.47 Repairs: Stopping patch (supply & fit)$21.43 Repairs: Cabinet door rehang x5$163.35 Repairs: Cabinet door/drawer bow handle replacement x6$130.14 Cleaning: Kitchen cupboards$102.13 Repairs: Interior hinged door replacement$246.03 Rubbish removal: Exterior rubbish x17 m3$2,790.04 Filing fee reimbursement$27.00 Total award$3,547.17 Bond$330.00 Total payable by Tenant to Landlord$3,217.17

Reasons

Ms Leota attended the hearing on behalf of the landlord via teleconference.
Ms Matekeua, the tenant, also attended the hearing via teleconference.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Oral submissions Ms Matekeua – the tenant
During the hearing, Ms Matekeua acknowledged that a significant amount of rubbish was left behind at the property when she vacated. She explained that she had only two weeks to move out and had approached WINZ (Work and Income New Zealand) to request a skip bin to help dispose of the rubbish. However, WINZ was unable to arrange an appointment in time. They advised her that she could bring in the invoice afterwards, and they would consider covering the cost.
Ms Matekeua mentioned that she had lived at the property for seven years, and due to a tree falling on the house, she was forced to move out urgently. Her new accommodation had limited storage space, so she was unable to take many of her belongings, particularly those stored in the garage. She admitted to leaving behind items such as scrap wood that had been used to build treehouses for her children. She confirmed she has been making weekly payments of $20 towards the debt since February 2025. Ms Leota – the landlord
Ms Leota confirmed that the claim was for compensation relating to cleaning, damage, and bond, particularly the rubbish left behind. She clarified that while the hire of a skip bin normally costs around $350, the total charge for rubbish removal came to $2,790.04 due to the volume—17 cubic metres—and nature of the materials left at the property.
Ms Leota confirmed that this amount was included in the final claim of $3,682.63 and that the skip bin cost was not being added on top of that. Ms Leota acknowledged Ms Matekeua’s ongoing efforts to repay the amount and confirmed that she was aware of the automatic payment arrangement of $20 per week.
Ms Leota provided a detailed breakdown of the costs claimed, pre-let report dated 15 March 2017 and final inspection report dated 19 December 2024.

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 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 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. Plasterboard replacement b. Stopping (supply & fit) c. Stopping patch (supply & fit) d. Cabinet door rehang (x5) e. Cabinet door/drawer bow handle replacement (x6) f. Cleaning kitchen cupboards g. Major stove cleaning h. Interior hinged door replacement
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee
Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5268981 — Property damage at 10 Joanne Place, Rosehill, Papakura 2113

At a glance

Tenancy Tribunal case 5268981 — Property damage at 10 Joanne Place, Rosehill, Papakura 2113

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