Published tribunal order
Tenancy Tribunal case 5325720 — Property damage at 71 Oreil Avenue, West Harbour, Auckland 0618
Decided 28 Oct 2025 · Published 28 Oct 2025 · Application 5325720
- Property damage
- Cleanliness
Order
- The Bond Centre must pay the bond of $2800 (3279177-008) to Ihome Property Management Ltd, as the agent for Oreil Life.
- [The tenant/s] must pay Ihome Property Management Limited as the agent for Oreil Life 71 Limited $4,859.24 immediately, calculated as shown in the table below.
Reasons
- Only the landlord attended the hearing.
- The tenancy in this matter came to an end on 13 Augus 2025. This was following a communication the owner of the property received from the Police about the growing of cannabis at the property. The Police attended the property with the landlord and the Police smashed a glass door to gain entry to the property.
- Photographs provided to the Tribunal show the remnants of what appear to have been some sort of cannabis growing operation.
- Holes have been cut in the ceiling and there is cannabis related paraphernalia everywhere.
- It took contractors two days with two people to clean up the property and remove all rubbish.
How much is owed for water?
- The landlord provided records which prove the amount owing at the end of the tenancy as ordered 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.
- The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. As noted above there was a large amount of cleaning and rubbish removal to be done at the end of the tenancy.
- 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.
- I am satisfied that the damage at this property was deliberate.
- I am also satisfied that the cost incurred to repair the damage was a reasonable amount in the circumstances.
- I do not allow the cost of replacement of the glass because this was not damage caused by the tenant.
- Because Ihome Property Management Limited as agent for Oreil Life 71 Limited has succeeded with the claim I award it the filing fee.