What was Tenancy Tribunal case 5326439 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Kāinga Ora–Homes and Communities $1,323.40

How much money was awarded in case 5326439?

Plaster And Patch: $97.42 awarded to landlord; Rubbish Removal: $1,327.98 awarded to landlord

What type of tenancy dispute was case 5326439?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5326439?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12764621-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5326439 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Kāinga Ora–Homes and Communities $1,323.40

How much money was awarded in case 5326439?

Plaster And Patch: $97.42 awarded to landlord; Rubbish Removal: $1,327.98 awarded to landlord

What type of tenancy dispute was case 5326439?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5326439?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12764621-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 7, 68 Pohutu Street, Whakatane, Whakatane Tenancy Tribunal Case 5326439 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5326439 — net $1,323.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning and rubbish removal	$1,327.98	Cleaning and rubbish removal
Repairs: Plaster and patch	$97.42	Repairs: Plaster and patch
Net award	$1,323.40
Total payable by Tenant to Landlord	$1,323.40

Both parties attended the hearing.

The landlord 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 (RTA).

The landlord says that the tenant did not remove all rubbish, and they were required to arrange rubbish removal and disposal, and that additional cleaning was also required. Photographs and evidence of the costs have been provided. The amounts claimed are $343.26 for cleaning and $984.72 for rubbish removal.

On review of the evidence, I consider that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The amount ordered is 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 claims for the cost to repair (plaster and patch) two small holes at the property. Photographs and evidence of the claimed cost of $97.42 ($48.71 for each hole) has been provided.

The tenant says that he did not know anything about these holes, but that there were several issues with the property including a lack of painting. I note that no cross application has been filed in respect of these issues.

On review of the evidence provided, I consider that he following damage was caused during the tenancy: Wall damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proved. R Harvey-Lane 24 November 2025

Claims and awards in Tenancy Tribunal application 5326439 — net $1,323.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning and rubbish removal	$1,327.98	Cleaning and rubbish removal
Repairs: Plaster and patch	$97.42	Repairs: Plaster and patch
Net award	$1,323.40
Total payable by Tenant to Landlord	$1,323.40

Order

[The tenant/s] tenant/s] must pay Kāinga Ora–Homes and Communities $1,323.40 immediately, as calculated in the table below:
The Bond Centre is to pay the bond of $102.00 (5733472-002) to Kāinga Ora– Homes and Communities immediately.

Reasons

Both parties attended the hearing.
The landlord 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 (RTA).
The landlord says that the tenant did not remove all rubbish, and they were required to arrange rubbish removal and disposal, and that additional cleaning was also required. Photographs and evidence of the costs have been provided. The amounts claimed are $343.26 for cleaning and $984.72 for rubbish removal.
On review of the evidence, I consider that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amount ordered is 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 claims for the cost to repair (plaster and patch) two small holes at the property. Photographs and evidence of the claimed cost of $97.42 ($48.71 for each hole) has been provided.
The tenant says that he did not know anything about these holes, but that there were several issues with the property including a lack of painting. I note that no cross application has been filed in respect of these issues.
On review of the evidence provided, I consider that he following damage was caused during the tenancy: Wall damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved. R Harvey-Lane 24 November 2025

Tenancy Tribunal case 5326439 — Property damage at Unit/Flat Flat 7, 68 Pohutu Street, Whakatane, Whakatane

At a glance

Tenancy Tribunal case 5326439 — Property damage at Unit/Flat Flat 7, 68 Pohutu Street, Whakatane, Whakatane

At a glance

Award balance

Claims & awards

Order

Reasons

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

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

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

Reduce avoidable tribunal risk with proper tenant checks.