Tenantcheck Insights · Case study
Tenancy Tribunal case 5356543 — Cleanliness at 122 Tui Road, Papatoetoe, Auckland 2025
Decided 30 January 2026 · Published 30 January 2026 · Application 5356543
- Cleanliness
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
N Walker
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,320.15
- Total balance for Tenant to pay Landlord
- $2,910.15
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Repairs: Cabinet shelving | $134.71 | Repairs: Cabinet shelving | |
| Cleaning: Stove | $165.86 | Cleaning: Stove | |
| Cleaning: Whole house | $692.75 | Cleaning: Whole house | |
| Cleaning: Rangehood | $48.45 | Cleaning: Rangehood | |
| Rubbish removal | $1,613.25 | Rubbish removal | |
| Toilet roll holder | $30.64 | Toilet roll holder | |
| Tyre removal | $18.37 | Tyre removal | |
| Repairs: Wall holes | $411.12 | Repairs: Wall holes | |
| Rent credit | $205.00 | Rent credit | |
| Total award | $3,115.15 | $205.00 | |
| Net award | $2,910.15 | ||
| Total payable by Tenant to Landlord | $2,910.15 |
Claims and awards for application 5356543 — net $2,910.15 NZD. Verify on MoJ.
Repairs: Cabinet shelving
- Amount
- $134.71
- Awarded to
- Landlord
- Reason
- Repairs: Cabinet shelving
Cleaning: Stove
- Amount
- $165.86
- Awarded to
- Landlord
- Reason
- Cleaning: Stove
Cleaning: Whole house
- Amount
- $692.75
- Awarded to
- Landlord
- Reason
- Cleaning: Whole house
Cleaning: Rangehood
- Amount
- $48.45
- Awarded to
- Landlord
- Reason
- Cleaning: Rangehood
Rubbish removal
- Amount
- $1,613.25
- Awarded to
- Landlord
- Reason
- Rubbish removal
Toilet roll holder
- Amount
- $30.64
- Awarded to
- Landlord
- Reason
- Toilet roll holder
Tyre removal
- Amount
- $18.37
- Awarded to
- Landlord
- Reason
- Tyre removal
Repairs: Wall holes
- Amount
- $411.12
- Awarded to
- Landlord
- Reason
- Repairs: Wall holes
Rent credit
- Amount
- $205.00
- Awarded to
- Tenant
- Reason
- Rent credit
Total award
Landlord $3,115.15 · Tenant $205.00
Net award
Landlord $2,910.15
Total payable by Tenant to Landlord
Landlord $2,910.15
Claim types — money lines allowed on this order
Order
- Asena Tuionetoa must pay Kāinga Ora–Homes And Communities $2,910.15 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing by telephone as requested due to staff illness. The tenant did not attend the hearing.
- The landlord has applied for compensation following the end of the tenancy.
- The tenancy ended on 4 August 2025. On the date that the tenancy ended the rent was in credit by $205.00. That amount has been deducted from the award against the tenant.
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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
- 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 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: multiple wall holes in living room and laundry. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: property damage
- Dispute theme: cleaning
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5356543?
The tribunal order states: Asena Tuionetoa must pay Kāinga Ora–Homes And Communities $2,910.15
How much money was awarded in case 5356543?
Cleaning: $48.45 awarded to landlord; Cleaning: $165.86 awarded to landlord; Cleaning: $692.75 awarded to landlord; Rent Credit: $205.00 awarded to tenant; Cabinet Shelving: $134.71 awarded to landlord; Wall Holes: $411.12 awarded to landlord; Rubbish Removal: $1,613.25 awarded to landlord; Toilet Roll Holder: $30.64 awarded to landlord; Tyre Removal: $18.37 awarded to landlord
What type of tenancy dispute was case 5356543?
The primary dispute was Cleanliness. Related themes: Property damage.
Where can I read the official tribunal order for case 5356543?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13051982-Tenancy_Tribunal_Order.pdf.