Tenantcheck Insights · Case study
Tenancy Tribunal case 5284339 — Cleanliness at 16A Caserta Place, Clover Park, Auckland 2023
Decided 22 Sept 2025 · Published 22 Sept 2025 · Application 5284339
- Cleanliness
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
N Walker
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,403.46
- Total balance for Tenant to pay Landlord
- $3,909.74
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Cleaning | $455.85 | Cleaning | |
| Rubbish removal: Interior | $1,148.84 | Rubbish removal: Interior | |
| Rubbish removal: Exterior | $1,816.44 | Rubbish removal: Exterior | |
| Repairs: Wall holes (4 | $216.70 | Repairs: Wall holes (4 | |
| Heat pump remote |
Order
- Gloriana Leone Mcleod must pay Kāinga Ora–Homes And Communities $3,909.74 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing by telephone. An attempt was made to join the tenant to the hearing by telephone but the call was not answered.
- The landlord has applied for compensation folowing the end of the tenancy.
- The tenancy ended on 22 April 2025 and on that date there was a small rent credit which has been deducted from the award for vacated costs. Also deducted is $240.00 as the tenant has made weekly payments of $15.00 since June 2025.
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 tenant did not return the heat pump remote.
- 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.
- 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).
- 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.
- 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: wall holes, damaged door and damaged door handle. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s49B(1), s49B(3)
Key findings
- Dispute theme: cleaning
- Dispute theme: property damage
Property management
- Kāinga Ora–Homes and Communities (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5284339?
The tribunal order states: Gloriana Leone Mcleod must pay Kāinga Ora–Homes And Communities
How much money was awarded in case 5284339?
Cleaning: $455.85 awarded to landlord; Cleaning: $162.46 awarded to landlord; Heat Pump Remote: $83.21 awarded to landlord; Payments Received: $240.00 awarded to tenant; Property Damage: $246.03 awarded to landlord; Property Damage: $27.07 awarded to landlord; Rent Credit: $6.86 awarded to tenant; Wall Holes (4: $216.70 awarded to landlord; Rubbish Removal: $1,816.44 awarded to landlord; Rubbish Removal: $1,148.84 awarded to landlord
What type of tenancy dispute was case 5284339?
The primary dispute was Cleanliness. Related themes: Property damage.
Where can I read the official tribunal order for case 5284339?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12440706-Tenancy_Tribunal_Order.pdf.