Tenantcheck Insights · Case study
Tenancy Tribunal case 5312741 — Property damage at 8 Quincey Place, Massey, Auckland 0614
Decided 2 February 2026 · Published 2 February 2026 · Application 5312741
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
C Lamdin
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $2,135.00
- Bond payment as ordered
- −$222.00
- Total balance for Tenant to pay Landlord
- $1,913.00
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Window repairs: 2021 | $305.00 | Window repairs: 2021 | |
| Rubbish removal: 2018 | $352.92 | Rubbish removal: 2018 | |
| Repairs: Structure outside house and alterations to garage | $1,148.84 | Repairs: Structure outside house and alterations to garage | |
| Rubbish removal | $328.24 | Rubbish removal | |
| Net award | $1,913.00 | ||
| Total payable by Tenant to Landlord | $1,913.00 |
Claims and awards for application 5312741 — net $1,913.00 NZD. Verify on MoJ.
Window repairs: 2021
- Amount
- $305.00
- Awarded to
- Landlord
- Reason
- Window repairs: 2021
Rubbish removal: 2018
- Amount
- $352.92
- Awarded to
- Landlord
- Reason
- Rubbish removal: 2018
Repairs: Structure outside house and alterations to garage
- Amount
- $1,148.84
- Awarded to
- Landlord
- Reason
- Repairs: Structure outside house and alterations to garage
Rubbish removal
- Amount
- $328.24
- Awarded to
- Landlord
- Reason
- Rubbish removal
Net award
Landlord $1,913.00
Total payable by Tenant to Landlord
Landlord $1,913.00
Claim types — money lines allowed on this order
Order
- Panapa Seelu Tepulolo and Faaipo Seelu must pay Kāinga Ora–Homes And Communities $1,913.00 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $222.00 to Kāinga Ora–Homes And Communities immediately.
Reasons
- Both parties attended the hearing. Kāinga Ora–Homes And Communities was represented by Mr Temu.
- Kāinga Ora–Homes And Communities 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, (the “RTA”).
- Kāinga Ora–Homes And Communities says the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. They say the tenant left garden beds and general rubbish around the outside of the premises.
- The tenants said that on the final day of their tenancy, they were still cleaning and tidying the premises when an agent of Kāinga Ora–Homes And Communities attended and told them that all they needed to do was remove their belongings and Kāinga Ora–Homes And Communities would take care of the rest. On the basis, of this the tenants ceased cleaning, collected their final belongings and left.
- Mr Temu said he had no record of this conversation in his notes.
- The tenants are elderly people who were calm and considered in making their submissions today. I have no doubt they were telling the truth.
- I accept the tenants’ submission that they would have left the outside of the premises tidier, but for the Kāinga Ora–Homes And Communities representative who told them they need not bother.
- The tenants did not say they would have removed the garden beds. This is a cost that they are responsible for.
- The landlord is also claiming for the cost of providing a skip-bin in 2018. The tenants do not dispute this.
- 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.
- The landlord said that more than ten holes were made in walls and doors during the tenancy, and these amounted to more than fair wear and tear.
- The tenants accepted this with the exception of one dent in a caused by a door handle hitting the wall. A door stopper would have prevented this.
- Kāinga Ora–Homes And Communities is claiming $460.55 for these damages. The tenants do not dispute this amount.
- This claim and amount are proved by consent.
- Kāinga Ora–Homes And Communities is also claiming for reglazing a window in 2021. The tenant does not dispute this.
- Kāinga Ora–Homes And Communities is also claiming for the removal of a lean- to that had been added on to the outside of the house, and alterations to the garage that had been made without Kāinga Ora–Homes And Communities’ consent.
- The tenants accept they made these two alterations. They said that because of the rainy weather they had run out of time to remove these.
- The landlord provided photographs, costs schedules and invoices for their claims.
- 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), s40(2)
Key findings
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5312741?
The tribunal order states: Panapa Seelu Tepulolo and Faaipo Seelu must pay Kāinga Ora–Homes And
How much money was awarded in case 5312741?
Structure outside house and alterati…: $1,148.84 awarded to landlord; Rubbish Removal: $328.24 awarded to landlord; Rubbish Removal: $352.92 awarded to landlord; Property Damage: $305.00 awarded to landlord
What type of tenancy dispute was case 5312741?
The primary dispute was Property damage.
Where can I read the official tribunal order for case 5312741?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13056969-Tenancy_Tribunal_Order.pdf.