What was Tenancy Tribunal case 5308199 about?

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

How much money was awarded in case 5308199?

Cleaning: $455.85 awarded to landlord; Cleaning: $102.13 awarded to landlord; Lawns: $550.00 awarded to landlord; Rent Arrears: $1,508.57 awarded to landlord; Property Damage: $94.87 awarded to landlord; Plaster, sand and paint 3 holes in w…: $130.02 awarded to landlord; Rubbish Removal: $820.60 awarded to landlord

What type of tenancy dispute was case 5308199?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 5308199?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12675062-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5308199 about?

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

How much money was awarded in case 5308199?

Cleaning: $455.85 awarded to landlord; Cleaning: $102.13 awarded to landlord; Lawns: $550.00 awarded to landlord; Rent Arrears: $1,508.57 awarded to landlord; Property Damage: $94.87 awarded to landlord; Plaster, sand and paint 3 holes in w…: $130.02 awarded to landlord; Rubbish Removal: $820.60 awarded to landlord

What type of tenancy dispute was case 5308199?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 5308199?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12675062-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 155 Coronation Road, Mangere Bridge, Tenancy Tribunal Case 5308199 — Rent arrears

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Unit/Flat 3, 155 Coronation Road, Mangere Bridge, Tenancy Tribunal Case 5308199 — Rent arrears | 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 5308199 — net $3,662.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Plaster, sand and paint 3 holes in walls- dining living and bedroom 1	$130.02	Repairs: Plaster, sand and paint 3 holes in walls- dining living and bedroom 1
Rent arrears to 21 May 202	$1,508.57	Rent arrears to 21 May 202
Repairs: Front door glass and garage door damage	$94.87	Repairs: Front door glass and garage door damage
Cleaning: House general exit clean	$455.85	Cleaning: House general exit clean
Cleaning: Kitchen clean	$102.13	Cleaning: Kitchen clean
Rubbish removal: External	$820.60	Rubbish removal: External
Lawns	$550.00	Lawns
Net award	$3,662.04
Total payable by Tenant to Landlord	$3,662.04

Claims and awards for application 5308199 — net $3,662.04 NZD. Verify on MoJ.

Repairs: Plaster, sand and paint 3 holes in walls- dining living and bedroom 1

Amount: $130.02
Awarded to: Landlord
Reason: Repairs: Plaster, sand and paint 3 holes in walls- dining living and bedroom 1

Rent arrears to 21 May 202

Amount: $1,508.57
Awarded to: Landlord
Reason: Rent arrears to 21 May 202

Repairs: Front door glass and garage door damage

Amount: $94.87
Awarded to: Landlord
Reason: Repairs: Front door glass and garage door damage

Cleaning: House general exit clean

Amount: $455.85
Awarded to: Landlord
Reason: Cleaning: House general exit clean

Cleaning: Kitchen clean

Amount: $102.13
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $3,662.04 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied the tenant had received proper notice of the hearing time, date and place and either chose not to attend (if she is currently incarcerated) or to get someone to attend on her behalf. She has been in contact with the landlord and her brother has been assisting the landlord with end of tenancy related matters.
The landlord has applied for rent arrears, compensation, following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 21 May 2025. The landlord provided rent records which prove the amount owing at 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. 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 interior or the exterior of the premises reasonably clean and tidy, did not mow the lawns 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. Garage door was damaged and could not open and close properly; b. The front door glass was broken; and c. There were holes in the walls in the lounge, dining and bedroom one that required plastering, sanding and painting.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.

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 5308199 — net $3,662.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Plaster, sand and paint 3 holes in walls- dining living and bedroom 1	$130.02	Repairs: Plaster, sand and paint 3 holes in walls- dining living and bedroom 1
Rent arrears to 21 May 202	$1,508.57	Rent arrears to 21 May 202
Repairs: Front door glass and garage door damage	$94.87	Repairs: Front door glass and garage door damage
Cleaning: House general exit clean	$455.85	Cleaning: House general exit clean
Cleaning: Kitchen clean	$102.13	Cleaning: Kitchen clean
Rubbish removal: External	$820.60	Rubbish removal: External
Lawns	$550.00	Lawns
Net award	$3,662.04
Total payable by Tenant to Landlord	$3,662.04

Claims and awards for application 5308199 — net $3,662.04 NZD. Verify on MoJ.

Repairs: Plaster, sand and paint 3 holes in walls- dining living and bedroom 1

Amount: $130.02
Awarded to: Landlord
Reason: Repairs: Plaster, sand and paint 3 holes in walls- dining living and bedroom 1

Rent arrears to 21 May 202

Amount: $1,508.57
Awarded to: Landlord
Reason: Rent arrears to 21 May 202

Repairs: Front door glass and garage door damage

Amount: $94.87
Awarded to: Landlord
Reason: Repairs: Front door glass and garage door damage

Cleaning: House general exit clean

Amount: $455.85
Awarded to: Landlord
Reason: Cleaning: House general exit clean

Cleaning: Kitchen clean

Amount: $102.13
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $3,662.04 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied the tenant had received proper notice of the hearing time, date and place and either chose not to attend (if she is currently incarcerated) or to get someone to attend on her behalf. She has been in contact with the landlord and her brother has been assisting the landlord with end of tenancy related matters.
The landlord has applied for rent arrears, compensation, following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 21 May 2025. The landlord provided rent records which prove the amount owing at 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. 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 interior or the exterior of the premises reasonably clean and tidy, did not mow the lawns 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. Garage door was damaged and could not open and close properly; b. The front door glass was broken; and c. There were holes in the walls in the lounge, dining and bedroom one that required plastering, sanding and painting.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 5308199 — Rent arrears at Unit/Flat 3, 155 Coronation Road, Mangere Bridge,

At a glance

Tenancy Tribunal case 5308199 — Rent arrears at Unit/Flat 3, 155 Coronation Road, Mangere Bridge,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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 rent?

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