Published tribunal order
Tenancy Tribunal case 5336242 — Cleanliness at 20A Princes Street, Otahuhu, Auckland 1062
Decided 28 Nov 2025 · Published 28 Nov 2025 · Application 5336242
- Cleanliness
- Property damage
Order
- [The tenant/s] must pay Kāinga Ora–Homes And Communities $1,486.75 immediately, calculated as shown in table below.
Reasons
- On behalf of the landlord, Ms Maturan-Abuid attended the hearing, which was conducted by video. There was no appearance for the tenant. An attempt to reach her by phone went to voicemail.
- The email address that has been used as an address for service was the one provided by the tenant on the tenancy agreement signed on 28 December 2023 and again on the notice to terminate, given by the tenant. I am satisfied that proper notice of the hearing has been given.
- The landlord has applied for compensation following the end of the tenancy.
- The amounts claimed were shown in a work/maintenance order.
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 and remove all rubbish, See section 40(1) Residential Tenancies Act 1986.
- The landlord claimed reimbursement of the following: a. Clean$678.61 b. Cupboards$102.13 c. Stove$162.46 d. Rangehood$ 52.04. Cleaning total$995.24 e. Rubbish removal$725.79
- The total cleaning costs come to $995.24. The tenant had done some cleaning, but Ms Maturan-Abuid said that there had not been a deep clean.
- The tenant is not required to undertake a deep clean, simply leave the premises reasonably clean and tidy. I have therefore reduced the cleaning fee by $300, making a total of $695.24 for cleaning, including the stove, cupboards and rangehood.
- The photographs showed that the tenant had left rubbish inside and outside, including two mattresses. The costs of rubbish removal are ordered.
- 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 following damage was caused during the tenancy: a split door frame and a broken toilet roll holder. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The landlord claimed $210.80 for repair of the door frame and $31.34 for repair of the toilet roll holder.
- The amounts ordered are proved.
- Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.
- The landlord advised that the tenant was in credit by $204.42 with her rent. Therefore that amount has been deducted by the total amount owed.