What was Tenancy Tribunal case 5302059 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes and Communities $5,241.91

How much money was awarded in case 5302059?

Rubbish Removal: $3,053.72 awarded to landlord; Walls and Doors: $2,374.19 awarded to landlord

What type of tenancy dispute was case 5302059?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5302059?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12604621-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5302059 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes and Communities $5,241.91

How much money was awarded in case 5302059?

Rubbish Removal: $3,053.72 awarded to landlord; Walls and Doors: $2,374.19 awarded to landlord

What type of tenancy dispute was case 5302059?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5302059?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12604621-Tenancy_Tribunal_Order.pdf.

7 Lytham Lane, Mangere East, Auckland 2024 Tenancy Tribunal Case 5302059 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5302059 — net $5,241.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal (interior and exterior	$3,053.72	Rubbish removal (interior and exterior
Repairs to walls and doors	$2,374.19	Repairs to walls and doors
Net award	$5,241.91
Total payable by Tenant to Landlord	$5,241.91

The landlord attended the hearing. The tenant did not attend and did not respond despite being telephoned on the number ending in 679.

I am satisfied that the application has been served on recently provided details and in accordance with the RTA and the hearing proceeded in the tenant’s absence. See section 91A and 91B of the RTA.

The landlord has applied for compensation and refund of the bond following 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 (RTA).

The landlord claims for the cost to remove and dispose of rubbish and belongings at the property. This was both to the interior and exterior of the premises. Photographs and evidence of costs have been provided in support of these claims and the costs sought were $1,740.76 for interior rubbish and $1,312.96 for exterior rubbish (which included the disposal of illegal structures). On review of the photographs and evidence I am satisfied that the tenant 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 landlord claims for the costs for repair required to plaster and paint the walls throughout the property, as well for repairs to doors and door frames and other associated repairs. Photographs and evidence of costs have been provided.

The tenant has been making regular payments towards the repair costs and so the amount claimed has been reduced by these payments. The total remaining amount for these repairs is $2,374.19.

The following damage was caused during the tenancy: Wall damage, door and frame damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. R Harvey-Lane 23 October 2025

Claims and awards in Tenancy Tribunal application 5302059 — net $5,241.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal (interior and exterior	$3,053.72	Rubbish removal (interior and exterior
Repairs to walls and doors	$2,374.19	Repairs to walls and doors
Net award	$5,241.91
Total payable by Tenant to Landlord	$5,241.91

Order

[The tenant/s] must pay Kāinga Ora–Homes and Communities $5,241.91 immediately, as calculated in the table below:
The Bond Centre is to pay the bond of $186.00 (3027221-002) to Kāinga Ora– Homes and Communities immediately.

Reasons

The landlord attended the hearing. The tenant did not attend and did not respond despite being telephoned on the number ending in 679.
I am satisfied that the application has been served on recently provided details and in accordance with the RTA and the hearing proceeded in the tenant’s absence. See section 91A and 91B of the RTA.
The landlord has applied for compensation and refund of the bond following 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 (RTA).
The landlord claims for the cost to remove and dispose of rubbish and belongings at the property. This was both to the interior and exterior of the premises. Photographs and evidence of costs have been provided in support of these claims and the costs sought were $1,740.76 for interior rubbish and $1,312.96 for exterior rubbish (which included the disposal of illegal structures). On review of the photographs and evidence I am satisfied that the tenant 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 landlord claims for the costs for repair required to plaster and paint the walls throughout the property, as well for repairs to doors and door frames and other associated repairs. Photographs and evidence of costs have been provided.
The tenant has been making regular payments towards the repair costs and so the amount claimed has been reduced by these payments. The total remaining amount for these repairs is $2,374.19.
The following damage was caused during the tenancy: Wall damage, door and frame damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. R Harvey-Lane 23 October 2025

Tenancy Tribunal case 5302059 — Property damage at 7 Lytham Lane, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 5302059 — Property damage at 7 Lytham Lane, Mangere East, Auckland 2024

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