What was Tenancy Tribunal case 5308620 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $6,714.97

How much money was awarded in case 5308620?

Cleaning: $3,140.72 awarded to landlord; Dismantle And Dispose Of Tenant Stru…: $1,312.96 awarded to landlord; Partal Cost Of Broken Window And Ski…: $729.00 awarded to landlord; Rent Arrears: $1,764.29 awarded to landlord

What type of tenancy dispute was case 5308620?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5308620?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12576454-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5308620 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $6,714.97

How much money was awarded in case 5308620?

Cleaning: $3,140.72 awarded to landlord; Dismantle And Dispose Of Tenant Stru…: $1,312.96 awarded to landlord; Partal Cost Of Broken Window And Ski…: $729.00 awarded to landlord; Rent Arrears: $1,764.29 awarded to landlord

What type of tenancy dispute was case 5308620?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5308620?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12576454-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5, 191 Buckland Road, Mangere East, Auckland Tenancy Tribunal Case 5308620 — Cleanliness

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Unit/Flat 5, 191 Buckland Road, Mangere East, Auckland Tenancy Tribunal Case 5308620 — Cleanliness | 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 5308620 — net $6,714.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Removal of external rubbish, plaster two holes, replace damaged door and clean kitchen cupboards and	$3,140.72	Removal of external rubbish, plaster two holes, replace damaged door and clean kitchen cupboards and
Partal cost of broken window and skip bin hire during tenancy and still owing at end of tenancy	$729.00	Partal cost of broken window and skip bin hire during tenancy and still owing at end of tenancy
Rent arrears to 28 January 2025	$1,764.29	Rent arrears to 28 January 2025
Dismantle and dispose of tenant structure and	$1,312.96	Dismantle and dispose of tenant structure and
Net award	$6,714.97
Total payable by Tenant to Landlord	$6,714.97

Claims and awards for application 5308620 — net $6,714.97 NZD. Verify on MoJ.

Removal of external rubbish, plaster two holes, replace damaged door and clean kitchen cupboards and

Amount: $3,140.72
Awarded to: Landlord
Reason: Removal of external rubbish, plaster two holes, replace damaged door and clean kitchen cupboards and

Partal cost of broken window and skip bin hire during tenancy and still owing at end of tenancy

Amount: $729.00
Awarded to: Landlord
Reason: Partal cost of broken window and skip bin hire during tenancy and still owing at end of tenancy

Rent arrears to 28 January 2025

Amount: $1,764.29
Awarded to: Landlord
Reason: Rent arrears to 28 January 2025

Dismantle and dispose of tenant structure and

Amount: $1,312.96
Awarded to: Landlord
Reason: Dismantle and dispose of tenant structure and

Net award

Landlord $6,714.97

Claim types — money lines allowed on this order

Cleanliness Rent arrears

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $6,714.97 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $232.00 (3184718-012) to Kāinga Ora– Homes And Communities immediately.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Service of notice of hearing on tenant
The tenancy ended on 28 January 2025. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 18 July 2025.
Section 91A of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf” or (e)if the landlord files the application no later than 2 years after the termination of the tenancy to which it relates, by transmission to an email address given by the tenant as an address for service; or (f)if the landlord files the application more than 2 years after the termination of the tenancy to which it relates, by transmission to an email address that the tenant has used to communicate with the landlord, or otherwise supplied to the landlord in writing, within the 2 years before the application”.
The notice of hearing and other evidence provided by the landlord has been served on the tenant to the email address that the tenant has used to communicate with the landlord during the tenancy. I am satisfied that the notice and/or other document has been served on the tenant in accordance with the RTA.

How much is owed for rent?

The tenancy ended on 28 January 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 premises reasonably clean and tidy, and did not remove all rubbish. He also failed to pay for a skip bin that was provided to him during the tenancy on the condition he reimbursed the landlord for it.
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 has provided photographic and other documentary evidence which proves the tenant caused the following damage during the tenancy through his careless acts or omissions or the careless acts or omissions by other persons in the premise with his consent: a. Broken window; b. Hole in cupboard; c. Hole in bedroom wall; and d. Damaged internal door.
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 5308620 — net $6,714.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Removal of external rubbish, plaster two holes, replace damaged door and clean kitchen cupboards and	$3,140.72	Removal of external rubbish, plaster two holes, replace damaged door and clean kitchen cupboards and
Partal cost of broken window and skip bin hire during tenancy and still owing at end of tenancy	$729.00	Partal cost of broken window and skip bin hire during tenancy and still owing at end of tenancy
Rent arrears to 28 January 2025	$1,764.29	Rent arrears to 28 January 2025
Dismantle and dispose of tenant structure and	$1,312.96	Dismantle and dispose of tenant structure and
Net award	$6,714.97
Total payable by Tenant to Landlord	$6,714.97

Claims and awards for application 5308620 — net $6,714.97 NZD. Verify on MoJ.

Removal of external rubbish, plaster two holes, replace damaged door and clean kitchen cupboards and

Amount: $3,140.72
Awarded to: Landlord
Reason: Removal of external rubbish, plaster two holes, replace damaged door and clean kitchen cupboards and

Partal cost of broken window and skip bin hire during tenancy and still owing at end of tenancy

Amount: $729.00
Awarded to: Landlord
Reason: Partal cost of broken window and skip bin hire during tenancy and still owing at end of tenancy

Rent arrears to 28 January 2025

Amount: $1,764.29
Awarded to: Landlord
Reason: Rent arrears to 28 January 2025

Dismantle and dispose of tenant structure and

Amount: $1,312.96
Awarded to: Landlord
Reason: Dismantle and dispose of tenant structure and

Net award

Landlord $6,714.97

Claim types — money lines allowed on this order

Cleanliness Rent arrears

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $6,714.97 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $232.00 (3184718-012) to Kāinga Ora– Homes And Communities immediately.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Service of notice of hearing on tenant
The tenancy ended on 28 January 2025. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 18 July 2025.
Section 91A of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf” or (e)if the landlord files the application no later than 2 years after the termination of the tenancy to which it relates, by transmission to an email address given by the tenant as an address for service; or (f)if the landlord files the application more than 2 years after the termination of the tenancy to which it relates, by transmission to an email address that the tenant has used to communicate with the landlord, or otherwise supplied to the landlord in writing, within the 2 years before the application”.
The notice of hearing and other evidence provided by the landlord has been served on the tenant to the email address that the tenant has used to communicate with the landlord during the tenancy. I am satisfied that the notice and/or other document has been served on the tenant in accordance with the RTA.

How much is owed for rent?

The tenancy ended on 28 January 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 premises reasonably clean and tidy, and did not remove all rubbish. He also failed to pay for a skip bin that was provided to him during the tenancy on the condition he reimbursed the landlord for it.
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 has provided photographic and other documentary evidence which proves the tenant caused the following damage during the tenancy through his careless acts or omissions or the careless acts or omissions by other persons in the premise with his consent: a. Broken window; b. Hole in cupboard; c. Hole in bedroom wall; and d. Damaged internal door.
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 5308620 — Cleanliness at Unit/Flat 5, 191 Buckland Road, Mangere East, Auckland

At a glance

Tenancy Tribunal case 5308620 — Cleanliness at Unit/Flat 5, 191 Buckland Road, Mangere East, Auckland

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