What was Tenancy Tribunal case 5352521 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Kāinga Ora–Homes and Communities $3,508.40

How much money was awarded in case 5352521?

Broken Windows: $299.00 awarded to landlord; Rubbish Removal: $3,209.40 awarded to landlord

What type of tenancy dispute was case 5352521?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5352521?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12905858-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5352521 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Kāinga Ora–Homes and Communities $3,508.40

How much money was awarded in case 5352521?

Broken Windows: $299.00 awarded to landlord; Rubbish Removal: $3,209.40 awarded to landlord

What type of tenancy dispute was case 5352521?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5352521?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12905858-Tribunal_Order.pdf.

11 Konini Street, Matamata, Waikato 3400 Tenancy Tribunal Case 5352521 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5352521 — net $3,508.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$3,209.40	Rubbish removal
Repairs: Broken windows	$299.00	Repairs: Broken windows
Net award	$3,508.40
Total payable by Tenant to Landlord	$3,508.40

The landlord attended the hearing. The tenant did not attend and did not respond despite being telephoned on the number ending in 439.

At the last hearing, the landlord was directed to provide evidence that they had received communication within the last two years, from the tenant’s email address, provided in the application. This evidence has now been provided and the hearing was able to proceed.

The landlord has applied for compensation 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 tenant did not remove all rubbish. The landlord has provided photographic evidence of a significant number of items, including furniture and rubbish, left at the property. The landlord has also provided evidence of the costs, broken down into interior and exterior rubbish removal costs.

This shows that there was a total of 18 cubic metres of rubbish that required collection and disposal at the total claimed amount of $3,209.40.

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 costs to repair broken windows at the property, including a window reglaze and three smaller windows reglazed. The total cost claimed for this is $299.00.

The following damage was caused during the tenancy: Broken windows. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. R Harvey-Lane 22 December 2025

Claims and awards in Tenancy Tribunal application 5352521 — net $3,508.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$3,209.40	Rubbish removal
Repairs: Broken windows	$299.00	Repairs: Broken windows
Net award	$3,508.40
Total payable by Tenant to Landlord	$3,508.40

Order

[The tenant/s] tenant/s] must pay Kāinga Ora–Homes and Communities $3,508.40 immediately, as calculated in the table below:

Reasons

The landlord attended the hearing. The tenant did not attend and did not respond despite being telephoned on the number ending in 439.
At the last hearing, the landlord was directed to provide evidence that they had received communication within the last two years, from the tenant’s email address, provided in the application. This evidence has now been provided and the hearing was able to proceed.
The landlord has applied for compensation 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 tenant did not remove all rubbish. The landlord has provided photographic evidence of a significant number of items, including furniture and rubbish, left at the property. The landlord has also provided evidence of the costs, broken down into interior and exterior rubbish removal costs.
This shows that there was a total of 18 cubic metres of rubbish that required collection and disposal at the total claimed amount of $3,209.40.
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 costs to repair broken windows at the property, including a window reglaze and three smaller windows reglazed. The total cost claimed for this is $299.00.
The following damage was caused during the tenancy: Broken windows. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. R Harvey-Lane 22 December 2025

Tenancy Tribunal case 5352521 — Property damage at 11 Konini Street, Matamata, Waikato 3400

At a glance

Tenancy Tribunal case 5352521 — Property damage at 11 Konini Street, Matamata, Waikato 3400

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.