What was Tenancy Tribunal case 5347221 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $10,408.11

How much money was awarded in case 5347221?

Cleaning: $550.00 awarded to landlord; Lawns and Garden Work: $260.00 awarded to landlord; Remove Tenant Fixtures: $142.20 awarded to landlord; Rent Arrears: $40.43 awarded to landlord; Walls and Doors: $830.72 awarded to landlord; Rubbish Removal: $4,705.30 awarded to landlord; Rubbish Removal: $3,202.09 awarded to landlord; Rubbish Removal: $677.37 awarded to landlord

What type of tenancy dispute was case 5347221?

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

Where can I read the official tribunal order for case 5347221?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12739348-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5347221 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $10,408.11

How much money was awarded in case 5347221?

Cleaning: $550.00 awarded to landlord; Lawns and Garden Work: $260.00 awarded to landlord; Remove Tenant Fixtures: $142.20 awarded to landlord; Rent Arrears: $40.43 awarded to landlord; Walls and Doors: $830.72 awarded to landlord; Rubbish Removal: $4,705.30 awarded to landlord; Rubbish Removal: $3,202.09 awarded to landlord; Rubbish Removal: $677.37 awarded to landlord

What type of tenancy dispute was case 5347221?

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

Where can I read the official tribunal order for case 5347221?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12739348-Tenancy_Tribunal_Order.pdf.

62A Maplesden Drive, Clendon Park, Auckland 2103 Tenancy Tribunal Case 5347221 — Property damage

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62A Maplesden Drive, Clendon Park, Auckland 2103 Tenancy Tribunal Case 5347221 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5347221 — net $10,408.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18/7/2025	$40.43	Rent arrears to 18/7/2025
Lawns and Garden work	$260.00	Lawns and Garden work
Remove tenant fixtures	$142.20	Remove tenant fixtures
Cleaning	$550.00	Cleaning
Rubbish removal: interior of house	$3,202.09	Rubbish removal: interior of house
Rubbish removal: shed	$677.37	Rubbish removal: shed
Rubbish removal: exterior of house	$4,705.30	Rubbish removal: exterior of house
Repairs: to holes in walls and doors	$830.72	Repairs: to holes in walls and doors
Net award	$10,408.11
Total payable by Tenant to Landlord	$10,408.11

Claims and awards for application 5347221 — net $10,408.11 NZD. Verify on MoJ.

Rent arrears to 18/7/2025

Amount: $40.43
Awarded to: Landlord
Reason: Rent arrears to 18/7/2025

Lawns and Garden work

Amount: $260.00
Awarded to: Landlord
Reason: Lawns and Garden work

Remove tenant fixtures

Amount: $142.20
Awarded to: Landlord
Reason: Remove tenant fixtures

Cleaning

Amount: $550.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: interior of house

Amount: $3,202.09
Awarded to: Landlord
Reason: Rubbish removal: interior of house

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $10,408.11 immediately, calculated as shown in table below.

Reasons

Only the applicant attended the hearing. Multiple calls to the tenant’s phone went unanswered.
As the Tribunal is satisfied that Ms Hynes had been correctly notified of the hearing, 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 18/7/2025 in accordance with Ms Haye’s notice. The landlord provided rent records which prove the amount owing at the end of the tenancy and take account of payments made since then.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The rubbish removal charges have been reduced by 25% to take account of the landlord’s duty to mitigate. The cleaning charges have been reduced a little to reflect that the tenancy ran for more than 10 years which means there is a deduction for cleaning that can fairly be described as more of a “maintenance” type cleaning than strictly required to return the property to a reasonably clean and tidy condition.
The tenant installed two fixtures that needed to be removed and the costs associated with that are considered reasonable.
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 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 following damage was caused during the tenancy: there were several holes on surfaces throughout the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The landlord has claimed only actual repair costs which are awarded in full.
No award for reimbursement of the filing fee is made as the landlord did not request this award is made.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5347221 — net $10,408.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18/7/2025	$40.43	Rent arrears to 18/7/2025
Lawns and Garden work	$260.00	Lawns and Garden work
Remove tenant fixtures	$142.20	Remove tenant fixtures
Cleaning	$550.00	Cleaning
Rubbish removal: interior of house	$3,202.09	Rubbish removal: interior of house
Rubbish removal: shed	$677.37	Rubbish removal: shed
Rubbish removal: exterior of house	$4,705.30	Rubbish removal: exterior of house
Repairs: to holes in walls and doors	$830.72	Repairs: to holes in walls and doors
Net award	$10,408.11
Total payable by Tenant to Landlord	$10,408.11

Claims and awards for application 5347221 — net $10,408.11 NZD. Verify on MoJ.

Rent arrears to 18/7/2025

Amount: $40.43
Awarded to: Landlord
Reason: Rent arrears to 18/7/2025

Lawns and Garden work

Amount: $260.00
Awarded to: Landlord
Reason: Lawns and Garden work

Remove tenant fixtures

Amount: $142.20
Awarded to: Landlord
Reason: Remove tenant fixtures

Cleaning

Amount: $550.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: interior of house

Amount: $3,202.09
Awarded to: Landlord
Reason: Rubbish removal: interior of house

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $10,408.11 immediately, calculated as shown in table below.

Reasons

Only the applicant attended the hearing. Multiple calls to the tenant’s phone went unanswered.
As the Tribunal is satisfied that Ms Hynes had been correctly notified of the hearing, 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 18/7/2025 in accordance with Ms Haye’s notice. The landlord provided rent records which prove the amount owing at the end of the tenancy and take account of payments made since then.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The rubbish removal charges have been reduced by 25% to take account of the landlord’s duty to mitigate. The cleaning charges have been reduced a little to reflect that the tenancy ran for more than 10 years which means there is a deduction for cleaning that can fairly be described as more of a “maintenance” type cleaning than strictly required to return the property to a reasonably clean and tidy condition.
The tenant installed two fixtures that needed to be removed and the costs associated with that are considered reasonable.
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 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 following damage was caused during the tenancy: there were several holes on surfaces throughout the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The landlord has claimed only actual repair costs which are awarded in full.
No award for reimbursement of the filing fee is made as the landlord did not request this award is made.

Tenancy Tribunal case 5347221 — Property damage at 62A Maplesden Drive, Clendon Park, Auckland 2103

At a glance

Tenancy Tribunal case 5347221 — Property damage at 62A Maplesden Drive, Clendon Park, Auckland 2103

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