What was the outcome of Tenancy Tribunal case 5355561?

The tribunal order states: Vena Newton must pay Kāinga Ora–Homes And Communities $7,908.41

How much money was awarded in case 5355561?

Rubbish Removal: $1,434.00 awarded to landlord; Cleaning: $82.62 awarded to landlord; Cleaning: $52.39 awarded to landlord; Cleaning: $40.38 awarded to landlord; Cleaning: $165.86 awarded to landlord; Rent Arrears: $907.08 awarded to landlord; Bathroom Flooring: $38.72 awarded to landlord; Kitchen Door Hole: $91.54 awarded to landlord; Toilet Flooring: $38.72 awarded to landlord; Property Damage: $160.64 awarded to landlord; Property Damage: $240.96 awarded to landlord; Property Damage: $40.16 awarded to landlord; Property Damage: $160.64 awarded to landlord; Property Damage: $40.16 awarded to landlord; Replace furnishings: Carpet bedroom…: $192.00 awarded to landlord; Replace furnishings: Carpet bedroom…: $187.00 awarded to landlord; Replace furnishings: Carpet bedroom…: $250.00 awarded to landlord; Replace furnishings: Carpet bedroom…: $169.00 awarded to landlord; Property Damage: $76.00 awarded to landlord; Property Damage: $452.00 awarded to landlord; Rubbish Removal: $2,627.36 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Rubbish Removal: $257.18 awarded to landlord

What type of tenancy dispute was case 5355561?

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

Where can I read the official tribunal order for case 5355561?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12905274-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5355561?

The tribunal order states: Vena Newton must pay Kāinga Ora–Homes And Communities $7,908.41

How much money was awarded in case 5355561?

Rubbish Removal: $1,434.00 awarded to landlord; Cleaning: $82.62 awarded to landlord; Cleaning: $52.39 awarded to landlord; Cleaning: $40.38 awarded to landlord; Cleaning: $165.86 awarded to landlord; Rent Arrears: $907.08 awarded to landlord; Bathroom Flooring: $38.72 awarded to landlord; Kitchen Door Hole: $91.54 awarded to landlord; Toilet Flooring: $38.72 awarded to landlord; Property Damage: $160.64 awarded to landlord; Property Damage: $240.96 awarded to landlord; Property Damage: $40.16 awarded to landlord; Property Damage: $160.64 awarded to landlord; Property Damage: $40.16 awarded to landlord; Replace furnishings: Carpet bedroom…: $192.00 awarded to landlord; Replace furnishings: Carpet bedroom…: $187.00 awarded to landlord; Replace furnishings: Carpet bedroom…: $250.00 awarded to landlord; Replace furnishings: Carpet bedroom…: $169.00 awarded to landlord; Property Damage: $76.00 awarded to landlord; Property Damage: $452.00 awarded to landlord; Rubbish Removal: $2,627.36 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Rubbish Removal: $257.18 awarded to landlord

What type of tenancy dispute was case 5355561?

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

Where can I read the official tribunal order for case 5355561?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12905274-Tenancy_Tribunal_Order.pdf.

5 Rongomai Road, Otara, Auckland 2023 Tenancy Tribunal Case 5355561 — Property damage

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 5355561 — net $7,908.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$907.08	Rent arrears
Replace furnishings: Carpet bedroom 1	$192.00	Replace furnishings: Carpet bedroom 1
Replace furnishings: Carpet bedroom 2	$187.00	Replace furnishings: Carpet bedroom 2
Replace furnishings: Carpet bedroom 3	$250.00	Replace furnishings: Carpet bedroom 3
Replace furnishings: Carpet bedroom 4	$169.00	Replace furnishings: Carpet bedroom 4
Repairs: Wall repair bedroom 1	$160.64	Repairs: Wall repair bedroom 1
Repairs: Wall repair bedroom 3	$240.96	Repairs: Wall repair bedroom 3
Repairs: Wall repair bedroom 4	$40.16	Repairs: Wall repair bedroom 4
Replace furnishings: Carpet replacement hallway	$76.00	Replace furnishings: Carpet replacement hallway
Repairs: Wall repair hallway	$160.64	Repairs: Wall repair hallway
Replace furnishings: Carpet replacement living room	$452.00	Replace furnishings: Carpet replacement living room
Repairs: wall repair living room	$40.16	Repairs: wall repair living room
Cleaning: Dining room	$82.62	Cleaning: Dining room
Cleaning: Kitchen	$52.39	Cleaning: Kitchen
Cleaning: Stove	$165.86	Cleaning: Stove
Repairs: Kitchen door hole	$91.54	Repairs: Kitchen door hole
Repairs: Bathroom flooring	$38.72	Repairs: Bathroom flooring
Repairs: Toilet flooring	$38.72	Repairs: Toilet flooring
__________________________________________________________________________________ 53555612 Rubbish removal: Exterior	$1,434.00	__________________________________________________________________________________ 53555612 Rubbish removal: Exterior
Rubbish removal: Interior	$2,627.36	Rubbish removal: Interior
Rubbish removal: Tyre removal	$257.18	Rubbish removal: Tyre removal
Cleaning: Shed	$40.38	Cleaning: Shed
Rubbish removal: Skip bin hire	$350.00	Rubbish removal: Skip bin hire
Net award	$7,908.41
Total payable by Tenant to Landlord	$7,908.41

Claims and awards in Tenancy Tribunal application 5355561 — net $7,908.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears

$907.08

Rent arrears

Replace furnishings: Carpet bedroom 1

$192.00

Replace furnishings: Carpet bedroom 1

Replace furnishings: Carpet bedroom 2

$187.00

Replace furnishings: Carpet bedroom 2

Replace furnishings: Carpet bedroom 3

$250.00

Replace furnishings: Carpet bedroom 3

Replace furnishings: Carpet bedroom 4

$169.00

Replace furnishings: Carpet bedroom 4

Repairs: Wall repair bedroom 1

$160.64

Repairs: Wall repair bedroom 1

Repairs: Wall repair bedroom 3

$240.96

Repairs: Wall repair bedroom 3

Repairs: Wall repair bedroom 4

$40.16

Repairs: Wall repair bedroom 4

Replace furnishings: Carpet replacement hallway

$76.00

Replace furnishings: Carpet replacement hallway

Repairs: Wall repair hallway

$160.64

Repairs: Wall repair hallway

Replace furnishings: Carpet replacement living room

$452.00

Replace furnishings: Carpet replacement living room

Repairs: wall repair living room

$40.16

Repairs: wall repair living room

Cleaning: Dining room

$82.62

Cleaning: Dining room

Cleaning: Kitchen

$52.39

Cleaning: Kitchen

Cleaning: Stove

$165.86

Cleaning: Stove

Repairs: Kitchen door hole

$91.54

Repairs: Kitchen door hole

Repairs: Bathroom flooring

$38.72

Repairs: Bathroom flooring

Repairs: Toilet flooring

$38.72

Repairs: Toilet flooring

__________________________________________________________________________________ 53555612 Rubbish removal: Exterior

$1,434.00

__________________________________________________________________________________ 53555612 Rubbish removal: Exterior

Rubbish removal: Interior

$2,627.36

Rubbish removal: Interior

Rubbish removal: Tyre removal

$257.18

Rubbish removal: Tyre removal

Cleaning: Shed

$40.38

Cleaning: Shed

Rubbish removal: Skip bin hire

$350.00

Rubbish removal: Skip bin hire

Net award

$7,908.41

Total payable by Tenant to Landlord

$7,908.41

Reasons

The landlord attended the hearing at the scheduled hearing time. There was no appearance by the tenant.

The landlord has applied for rent arrears, compensation, refund of the bond, following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 4 August 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s evidence filed in support of this claim I am satisfied that the tenant is responsible for the outstanding rent debt.

The claim is proven.

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 landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenancy started on 5 December 2002 and ended on 4 August 2025.

The landlord provided a comprehensive exit inspection report dated 6 August 2025. The landlord explained that there was no entry inspection reports available due to the age of the tenancy. The tenant left the property in what can only be described as a disgraceful state. There was significant rubbish, personal belongings and junk left inside and outside the property. The premises were filthy with dog faeces left throughout the inside of the house. The tenant also left a number of car tyres outside the house.

Having sighted the evidence filed by the landlord I am entirely satisfied, on the balance of probabilities that the tenant breached her obligations in respect of cleaning and rubbish removal. The amounts claimed by the landlord are more than reasonable in all the circumstances. I have also sighted the expense schedule for the amounts claimed.

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: damage to carpet; damage to numerous walls throughout the house; damage to bathroom and toilet flooring and holes in doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord provided expense schedules and invoices for the amounts claimed.

The landlord also provided comprehensive photographic evidence in support of the damage claims. The damage was extensive, and I find that it was intentional. The photographs clearly show extensive damage to various walls, flooring, doors, carpet and cabinetry. The amounts claimed for damage are entirely reasonable.

The amounts ordered are proved.

The landlord has applied depreciation to the carpet replacement claims. In doing so they have taken into account the age and condition of the carpet and their likely useful lifespan.

Claims and awards in Tenancy Tribunal application 5355561 — net $7,908.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$907.08	Rent arrears
Replace furnishings: Carpet bedroom 1	$192.00	Replace furnishings: Carpet bedroom 1
Replace furnishings: Carpet bedroom 2	$187.00	Replace furnishings: Carpet bedroom 2
Replace furnishings: Carpet bedroom 3	$250.00	Replace furnishings: Carpet bedroom 3
Replace furnishings: Carpet bedroom 4	$169.00	Replace furnishings: Carpet bedroom 4
Repairs: Wall repair bedroom 1	$160.64	Repairs: Wall repair bedroom 1
Repairs: Wall repair bedroom 3	$240.96	Repairs: Wall repair bedroom 3
Repairs: Wall repair bedroom 4	$40.16	Repairs: Wall repair bedroom 4
Replace furnishings: Carpet replacement hallway	$76.00	Replace furnishings: Carpet replacement hallway
Repairs: Wall repair hallway	$160.64	Repairs: Wall repair hallway
Replace furnishings: Carpet replacement living room	$452.00	Replace furnishings: Carpet replacement living room
Repairs: wall repair living room	$40.16	Repairs: wall repair living room
Cleaning: Dining room	$82.62	Cleaning: Dining room
Cleaning: Kitchen	$52.39	Cleaning: Kitchen
Cleaning: Stove	$165.86	Cleaning: Stove
Repairs: Kitchen door hole	$91.54	Repairs: Kitchen door hole
Repairs: Bathroom flooring	$38.72	Repairs: Bathroom flooring
Repairs: Toilet flooring	$38.72	Repairs: Toilet flooring
__________________________________________________________________________________ 53555612 Rubbish removal: Exterior	$1,434.00	__________________________________________________________________________________ 53555612 Rubbish removal: Exterior
Rubbish removal: Interior	$2,627.36	Rubbish removal: Interior
Rubbish removal: Tyre removal	$257.18	Rubbish removal: Tyre removal
Cleaning: Shed	$40.38	Cleaning: Shed
Rubbish removal: Skip bin hire	$350.00	Rubbish removal: Skip bin hire
Net award	$7,908.41
Total payable by Tenant to Landlord	$7,908.41

Claims and awards in Tenancy Tribunal application 5355561 — net $7,908.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears

$907.08

Rent arrears

Replace furnishings: Carpet bedroom 1

$192.00

Replace furnishings: Carpet bedroom 1

Replace furnishings: Carpet bedroom 2

$187.00

Replace furnishings: Carpet bedroom 2

Replace furnishings: Carpet bedroom 3

$250.00

Replace furnishings: Carpet bedroom 3

Replace furnishings: Carpet bedroom 4

$169.00

Replace furnishings: Carpet bedroom 4

Repairs: Wall repair bedroom 1

$160.64

Repairs: Wall repair bedroom 1

Repairs: Wall repair bedroom 3

$240.96

Repairs: Wall repair bedroom 3

Repairs: Wall repair bedroom 4

$40.16

Repairs: Wall repair bedroom 4

Replace furnishings: Carpet replacement hallway

$76.00

Replace furnishings: Carpet replacement hallway

Repairs: Wall repair hallway

$160.64

Repairs: Wall repair hallway

Replace furnishings: Carpet replacement living room

$452.00

Replace furnishings: Carpet replacement living room

Repairs: wall repair living room

$40.16

Repairs: wall repair living room

Cleaning: Dining room

$82.62

Cleaning: Dining room

Cleaning: Kitchen

$52.39

Cleaning: Kitchen

Cleaning: Stove

$165.86

Cleaning: Stove

Repairs: Kitchen door hole

$91.54

Repairs: Kitchen door hole

Repairs: Bathroom flooring

$38.72

Repairs: Bathroom flooring

Repairs: Toilet flooring

$38.72

Repairs: Toilet flooring

__________________________________________________________________________________ 53555612 Rubbish removal: Exterior

$1,434.00

__________________________________________________________________________________ 53555612 Rubbish removal: Exterior

Rubbish removal: Interior

$2,627.36

Rubbish removal: Interior

Rubbish removal: Tyre removal

$257.18

Rubbish removal: Tyre removal

Cleaning: Shed

$40.38

Cleaning: Shed

Rubbish removal: Skip bin hire

$350.00

Rubbish removal: Skip bin hire

Net award

$7,908.41

Total payable by Tenant to Landlord

$7,908.41

Reasons

The landlord attended the hearing at the scheduled hearing time. There was no appearance by the tenant.

The landlord has applied for rent arrears, compensation, refund of the bond, following the end of the tenancy.

How much is owed for rent?

The claim is proven.

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

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

The tenancy started on 5 December 2002 and ended on 4 August 2025.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord provided expense schedules and invoices for the amounts claimed.

The amounts ordered are proved.

The landlord has applied depreciation to the carpet replacement claims. In doing so they have taken into account the age and condition of the carpet and their likely useful lifespan.

Tenancy Tribunal case 5355561 — Property damage at 5 Rongomai Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5355561 — Property damage at 5 Rongomai Road, Otara, Auckland 2023

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