What was Tenancy Tribunal case 5343605 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $826.51

How much money was awarded in case 5343605?

Cleaning: $346.37 awarded to landlord; Rent Arrears: $317.71 awarded to landlord; Replace Door In Bedroom: $73.43 awarded to landlord; Rubbish Removal: $89.00 awarded to landlord

What type of tenancy dispute was case 5343605?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5343605?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12739117-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5343605 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $826.51

How much money was awarded in case 5343605?

Cleaning: $346.37 awarded to landlord; Rent Arrears: $317.71 awarded to landlord; Replace Door In Bedroom: $73.43 awarded to landlord; Rubbish Removal: $89.00 awarded to landlord

What type of tenancy dispute was case 5343605?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5343605?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12739117-Tenancy_Tribunal_Order.pdf.

60 Hall Avenue, Mangere, Auckland 2022 Tenancy Tribunal Case 5343605 — Cleanliness

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Reasons

Claims and awards in Tenancy Tribunal application 5343605 — net $826.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10.07.2025	$317.71	Rent arrears to 10.07.2025
Cleaning	$346.37	Cleaning
Rubbish removal	$89.00	Rubbish removal
Replace door in bedroom	$73.43	Replace door in bedroom
Net award	$826.51
Total payable by Tenant to Landlord	$826.51

Ms Leota, representing the landlord, attended the teleconference hearing. The phone number for the tenant, the last three digits being 724, was called twice without any response. As the tenant was served, the hearing proceeded in her absence.

The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 10 July 2025.

The landlord has provided rent records which prove the amount owing to 10 July 2025, which is $317.71.

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 landlord said the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord provided a Final Inspection Report dated 10 July 2025 with photographs of the condition of the property, along with work orders confirming the amounts charged for the work claimed. Cleaning

The landlord had initially claimed $1,011.32 for cleaning related claims but amended their cleaning claim to $346.37 during the hearing.

The landlord acknowledged that, for the most part, the tenant left the property reasonably clean and tidy. However, the landlord pointed out several dirty and stained walls throughout the property in their Final Inspection Report photographs, as well as stained floors in the kitchen, and a bathroom shelf with black, dirty marks and grimy marks on the bathroom vanity and in the cupboard below the bathroom vanity. From the photographs highlighted by the landlord, I find there likely was a requirement for cleaning by the landlord at the end of the tenancy, to properly clean the bathroom and the dirty, stained walls and stained floors at the property. The landlord reduced their ‘whole house’ cleaning claim, which was originally $692.75 by half to $346.37, to account for the tenant leaving the rest of the property reasonably clean and tidy. Given the evidence provided of the requirement to clean some areas of the property, I find the amount claimed by the landlord to be reasonable and so award the landlord $346.37 for cleaning at the end of the tenancy. Rubbish removal - exterior

The landlord said the tenant left 2 chairs and a large piece of wood outside the property. The landlord reduced their initial exterior rubbish removal claim from $358.50 to $89.00 (around half a cubic metre of rubbish, as estimated by the landlord) given the smaller amount of rubbish shown in their Final Inspection Report photographs. I find the amount claimed of $89.00 to be reasonable for removing the chairs and wood left at the property by the tenant and so award the landlord $89.00 for removing exterior rubbish at the end of the tenancy.

The landlord withdrew all remaining cleaning and rubbish removal claims, as well as a claim to replace a rusty oven shelf.

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.

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. Replacement of bedroom door

The landlord said the tenant damaged the door in bedroom 4 and pointed to 2 photographs of this damaged door in their Final Inspection Report photographs. The photographs show the door in bedroom 4 completely full of large holes.

I find this damage to be intentional damage on the part of the tenant. As such, the tenant is liable for the full replacement cost less any depreciation. The cap in section 49B does not apply here.

The landlord has claimed $215.95 to replace the door, which I find to be reasonable given the evidence, before considering depreciation.

In determining the compensation payable, depreciation must be taken into account. Depreciation is linked to the concept of betterment. Everything is subject to wear and tear and will need to be replaced in time. Where an item has to be replaced as a result of tenancy damage, this hastens the process. If the damaged item is replaced with a ‘better’ item, compensation is adjusted to reflect that. A landlord should not be placed in a better position following a claim in the Tribunal than the landlord would have been if the damage had not occurred.

From the photographs provided of the door, the landlord estimated the door was around 15-20 years old, which I find is a reasonable assessment of the door’s age.

Current depreciation guidelines estimate the lifespan of interior doors in a rental property is around 30 years. As such, I deduct the $215.95 cost I find reasonable to replace the door by 66% for depreciation to an award of $73.43 to replace the bedroom door.

The amounts ordered are proved.

Reasons

Claims and awards in Tenancy Tribunal application 5343605 — net $826.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10.07.2025	$317.71	Rent arrears to 10.07.2025
Cleaning	$346.37	Cleaning
Rubbish removal	$89.00	Rubbish removal
Replace door in bedroom	$73.43	Replace door in bedroom
Net award	$826.51
Total payable by Tenant to Landlord	$826.51

The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 10 July 2025.

The landlord has provided rent records which prove the amount owing to 10 July 2025, which is $317.71.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord said the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord had initially claimed $1,011.32 for cleaning related claims but amended their cleaning claim to $346.37 during the hearing.

The landlord withdrew all remaining cleaning and rubbish removal claims, as well as a claim to replace a rusty oven shelf.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

I find this damage to be intentional damage on the part of the tenant. As such, the tenant is liable for the full replacement cost less any depreciation. The cap in section 49B does not apply here.

The landlord has claimed $215.95 to replace the door, which I find to be reasonable given the evidence, before considering depreciation.

From the photographs provided of the door, the landlord estimated the door was around 15-20 years old, which I find is a reasonable assessment of the door’s age.

The amounts ordered are proved.

Tenancy Tribunal case 5343605 — Cleanliness at 60 Hall Avenue, Mangere, Auckland 2022

At a glance

Tenancy Tribunal case 5343605 — Cleanliness at 60 Hall Avenue, Mangere, Auckland 2022

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?

Is the tenant responsible for the damage to the premises?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions