What was Tenancy Tribunal case 5352721 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Kāinga Ora–Homes And Communities $5,368.41

How much money was awarded in case 5352721?

Cleaning: $692.75 awarded to landlord; Cleaning: $104.26 awarded to landlord; Pest Control: $159.00 awarded to landlord; Previous Order Application 5262325 D…: $991.71 awarded to landlord; Rent Arrears: $625.29 awarded to landlord; And Painting: $1,045.40 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Rubbish Removal: $900.00 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord

What type of tenancy dispute was case 5352721?

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

Where can I read the official tribunal order for case 5352721?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12898420-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5352721 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Kāinga Ora–Homes And Communities $5,368.41

How much money was awarded in case 5352721?

Cleaning: $692.75 awarded to landlord; Cleaning: $104.26 awarded to landlord; Pest Control: $159.00 awarded to landlord; Previous Order Application 5262325 D…: $991.71 awarded to landlord; Rent Arrears: $625.29 awarded to landlord; And Painting: $1,045.40 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Rubbish Removal: $900.00 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord

What type of tenancy dispute was case 5352721?

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

Where can I read the official tribunal order for case 5352721?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12898420-Tenancy_Tribunal_Order.pdf.

11 Mirahau Way, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 5352721 — Property damage

Tenantcheck Insights

11 Mirahau Way, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 5352721 — 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 5352721 — net $5,368.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5262325 dated 01/07/2025	$991.71	Previous order application 5262325 dated 01/07/2025
Rent arrears	$625.29	Rent arrears
Cleaning	$692.75	Cleaning
Cleaning: Cupboards	$104.26	Cleaning: Cupboards
Rubbish removal: Interior	$900.00	Rubbish removal: Interior
Rubbish removal: Exterior	$500.00	Rubbish removal: Exterior
Rubbish removal: Skip hire	$350.00	Rubbish removal: Skip hire
Pest control	$159.00	Pest control
Repairs: and painting	$1,045.40	Repairs: and painting
Net award	$5,368.41
Total payable by Tenant to Landlord	$5,368.41

Claims and awards for application 5352721 — net $5,368.41 NZD. Verify on MoJ.

Previous order application 5262325 dated 01/07/2025

Amount: $991.71
Awarded to: Landlord
Reason: Previous order application 5262325 dated 01/07/2025

Rent arrears

Amount: $625.29
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $692.75
Awarded to: Landlord
Reason: Cleaning

Cleaning: Cupboards

Amount: $104.26
Awarded to: Landlord
Reason: Cleaning: Cupboards

Rubbish removal: Interior

Amount: $900.00
Awarded to: Landlord
Reason: Rubbish removal: Interior

Claim types — money lines allowed on this order

Cleanliness Pest Control Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Kāinga Ora–Homes And Communities $5,368.41 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 1 July 2025 under application 5262325.

Reasons

The landlord attended the Teams video hearing.
The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call could not be connected. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given to the tenant.
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 July 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy, disregarding the previous order for rent arrears, is $625.29.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs of the premises at the end of the tenancy. The premises were clearly not reasonably clean and tidy. The landlord seeks compensation of $692.75 and $104.26 for cleaning. Given the condition of the premises at the end of the tenancy, the claims are reasonable.
During the course of the tenancy the landlord provided rubbish skips to the tenant at a cost of $350.00.
Pest control for cockroaches was required during the tenancy at a cost of $159.00.
At the end of the tenancy rubbish needed to be removed from both the interior and exterior of the premises. The landlord provided photos of the rubbish. The landlord’s claims were for $1,806.00 for interior rubbish removal and $717.00 for exterior rubbish removal. The photos provided show that substantial rubbish was required to be removed, however, I consider that the amounts claimed to be unreasonable in the circumstances. Compensation for interior rubbish removal of $900.00 and exterior rubbish removal of $500.00 is 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.
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 following damage was caused during the tenancy: The landlord provided photos taken at the end of the tenancy showing various areas in the house where walls had been damaged and drawn on. The landlord seeks compensation for the installation of gib board, patching and painting, totalling $1,045.40. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.
On 1 July 2025 the Tribunal made an order relating to this tenancy, for rent arrears to 1 July 2025 of $991.71. The previous order is incorporated into this order for enforcement purposes.

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 5352721 — net $5,368.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5262325 dated 01/07/2025	$991.71	Previous order application 5262325 dated 01/07/2025
Rent arrears	$625.29	Rent arrears
Cleaning	$692.75	Cleaning
Cleaning: Cupboards	$104.26	Cleaning: Cupboards
Rubbish removal: Interior	$900.00	Rubbish removal: Interior
Rubbish removal: Exterior	$500.00	Rubbish removal: Exterior
Rubbish removal: Skip hire	$350.00	Rubbish removal: Skip hire
Pest control	$159.00	Pest control
Repairs: and painting	$1,045.40	Repairs: and painting
Net award	$5,368.41
Total payable by Tenant to Landlord	$5,368.41

Claims and awards for application 5352721 — net $5,368.41 NZD. Verify on MoJ.

Previous order application 5262325 dated 01/07/2025

Amount: $991.71
Awarded to: Landlord
Reason: Previous order application 5262325 dated 01/07/2025

Rent arrears

Amount: $625.29
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $692.75
Awarded to: Landlord
Reason: Cleaning

Cleaning: Cupboards

Amount: $104.26
Awarded to: Landlord
Reason: Cleaning: Cupboards

Rubbish removal: Interior

Amount: $900.00
Awarded to: Landlord
Reason: Rubbish removal: Interior

Claim types — money lines allowed on this order

Cleanliness Pest Control Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Kāinga Ora–Homes And Communities $5,368.41 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 1 July 2025 under application 5262325.

Reasons

The landlord attended the Teams video hearing.
The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call could not be connected. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given to the tenant.
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 July 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy, disregarding the previous order for rent arrears, is $625.29.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs of the premises at the end of the tenancy. The premises were clearly not reasonably clean and tidy. The landlord seeks compensation of $692.75 and $104.26 for cleaning. Given the condition of the premises at the end of the tenancy, the claims are reasonable.
During the course of the tenancy the landlord provided rubbish skips to the tenant at a cost of $350.00.
Pest control for cockroaches was required during the tenancy at a cost of $159.00.
At the end of the tenancy rubbish needed to be removed from both the interior and exterior of the premises. The landlord provided photos of the rubbish. The landlord’s claims were for $1,806.00 for interior rubbish removal and $717.00 for exterior rubbish removal. The photos provided show that substantial rubbish was required to be removed, however, I consider that the amounts claimed to be unreasonable in the circumstances. Compensation for interior rubbish removal of $900.00 and exterior rubbish removal of $500.00 is 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.
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 following damage was caused during the tenancy: The landlord provided photos taken at the end of the tenancy showing various areas in the house where walls had been damaged and drawn on. The landlord seeks compensation for the installation of gib board, patching and painting, totalling $1,045.40. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.
On 1 July 2025 the Tribunal made an order relating to this tenancy, for rent arrears to 1 July 2025 of $991.71. The previous order is incorporated into this order for enforcement purposes.

Tenancy Tribunal case 5352721 — Property damage at 11 Mirahau Way, Pukekohe, Pukekohe 2120

At a glance

Tenancy Tribunal case 5352721 — Property damage at 11 Mirahau Way, Pukekohe, Pukekohe 2120

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

Reduce avoidable tribunal risk with proper tenant checks.

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

Reduce avoidable tribunal risk with proper tenant checks.