What was Tenancy Tribunal case 5319381 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Kāinga

How much money was awarded in case 5319381?

Cleaning: $541.08 awarded to landlord; Property Damage: $400.68 awarded to landlord; Property Damage: $183.72 awarded to landlord; Property Damage: $576.04 awarded to landlord; Removal Of Blinds: $17.84 awarded to landlord; Rent Arrears: $8,941.72 awarded to landlord; Rubbish Removal: $82.06 awarded to landlord

What type of tenancy dispute was case 5319381?

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

Where can I read the official tribunal order for case 5319381?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12788001-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5319381 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Kāinga

How much money was awarded in case 5319381?

Cleaning: $541.08 awarded to landlord; Property Damage: $400.68 awarded to landlord; Property Damage: $183.72 awarded to landlord; Property Damage: $576.04 awarded to landlord; Removal Of Blinds: $17.84 awarded to landlord; Rent Arrears: $8,941.72 awarded to landlord; Rubbish Removal: $82.06 awarded to landlord

What type of tenancy dispute was case 5319381?

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

Where can I read the official tribunal order for case 5319381?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12788001-Tenancy_Tribunal_Order.pdf.

5 Ross Avenue, Otara, Auckland 2023 Tenancy Tribunal Case 5319381 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5319381 — net $10,527.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.6.2025	$8,941.72	Rent arrears to 4.6.2025
Cleaning	$541.08	Cleaning
Rubbish removal	$82.06	Rubbish removal
Window repair	$400.68	Window repair
Kitchen door repair	$183.72	Kitchen door repair
Removal of blinds	$17.84	Removal of blinds
Repair of walls	$576.04	Repair of walls
Net award	$10,527.14
Total payable by Tenant to Landlord	$10,527.14

Both parties attended the hearing.

The landlord has applied for rent arrears, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 4 June 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. This is awarded above.

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) of the Residential Tenancies Act 1986 (the RTA).

The landlord claims cleaning and rubbish removal costs. The landlord has produced an inspection report with photographic evidence showing the condition of the premises at the end of the tenancy, and a property condition report recording the condition of the premises at the start. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The amounts ordered are proved. General principles regarding responsibility for damage

The landlord seeks compensation for tenant damage. Where compensation for damage is being claimed, 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 of the RTA.

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) of the 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) of the 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) of the 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) of the 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.

When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. The landlord’s claim for compensation for tenant damage

On the basis of the landlord’s evidence, I am satisfied that the following damage was caused during the tenancy: • Window repairs: the bathroom glass was cracked, which the tenant accepts. • Kitchen door damage: holes in the door had to be repaired. • Laundry repairs: removal of blinds put up by the tenant. The original claimed amount of $35.68 is reduced to $17.84, since the landlord accepts the tenant was not responsible for installing the shelving, which also had to be removed. The property condition report dated 21 December 2012 (at the start of the tenancy) indicates a previous tenant had installed an extra shelf in the laundry. • Wall damage: there was damage to walls in bedrooms 2, 3 and 4, with multiple holes and marks on these walls.

The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

A detailed invoice for the remedial work has been produced. The amounts ordered are proved. Filing fee and name suppression

While successful, the landlord does not seek the filing fee, or name suppression.

The tenant requests name suppression. Having had regard to the interests of the parties and to the public interest, this is declined. The tenant has been unsuccessful, the amount owed is significant, and she has not provided any persuasive reasons for name suppression in this case.

Claims and awards in Tenancy Tribunal application 5319381 — net $10,527.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.6.2025	$8,941.72	Rent arrears to 4.6.2025
Cleaning	$541.08	Cleaning
Rubbish removal	$82.06	Rubbish removal
Window repair	$400.68	Window repair
Kitchen door repair	$183.72	Kitchen door repair
Removal of blinds	$17.84	Removal of blinds
Repair of walls	$576.04	Repair of walls
Net award	$10,527.14
Total payable by Tenant to Landlord	$10,527.14

Order

[The tenant/s] and [The tenant/s] must pay Kāinga Ora–Homes and Communities $10,527.14 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $216.00 () to Kāinga Ora–Homes and Communities immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 4 June 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. This is awarded above.

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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims cleaning and rubbish removal costs. The landlord has produced an inspection report with photographic evidence showing the condition of the premises at the end of the tenancy, and a property condition report recording the condition of the premises at the start. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The amounts ordered are proved. General principles regarding responsibility for damage
The landlord seeks compensation for tenant damage. Where compensation for damage is being claimed, 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 of the RTA.
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) of the 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) of the 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) of the 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) of the 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.
When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. The landlord’s claim for compensation for tenant damage
On the basis of the landlord’s evidence, I am satisfied that the following damage was caused during the tenancy: • Window repairs: the bathroom glass was cracked, which the tenant accepts. • Kitchen door damage: holes in the door had to be repaired. • Laundry repairs: removal of blinds put up by the tenant. The original claimed amount of $35.68 is reduced to $17.84, since the landlord accepts the tenant was not responsible for installing the shelving, which also had to be removed. The property condition report dated 21 December 2012 (at the start of the tenancy) indicates a previous tenant had installed an extra shelf in the laundry. • Wall damage: there was damage to walls in bedrooms 2, 3 and 4, with multiple holes and marks on these walls.
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
A detailed invoice for the remedial work has been produced. The amounts ordered are proved. Filing fee and name suppression
While successful, the landlord does not seek the filing fee, or name suppression.
The tenant requests name suppression. Having had regard to the interests of the parties and to the public interest, this is declined. The tenant has been unsuccessful, the amount owed is significant, and she has not provided any persuasive reasons for name suppression in this case.

Tenancy Tribunal case 5319381 — Rent arrears at 5 Ross Avenue, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5319381 — Rent arrears at 5 Ross Avenue, Otara, Auckland 2023

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions