What was the outcome of Tenancy Tribunal case 5361450?

The tribunal order states: Gerald Teariki Toa-Temarama must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5361450?

Cleaning: $48.45 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $49.74 awarded to landlord; Property Damage: $1,208.47 awarded to landlord; Rent Credit: $174.86 awarded to tenant; Rubbish Removal: $775.69 awarded to landlord

What type of tenancy dispute was case 5361450?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5361450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13224600-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5361450?

The tribunal order states: Gerald Teariki Toa-Temarama must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5361450?

Cleaning: $48.45 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $49.74 awarded to landlord; Property Damage: $1,208.47 awarded to landlord; Rent Credit: $174.86 awarded to tenant; Rubbish Removal: $775.69 awarded to landlord

What type of tenancy dispute was case 5361450?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5361450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13224600-Tenancy_Tribunal_Order.pdf.

20 Hampshire Street, Cannons Creek, Porirua 5024 Tenancy Tribunal Case 5361450 — Property damage

Claims and awards in Tenancy Tribunal application 5361450 — net $1,935.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal	$775.69		Rubbish removal
Repairs	$1,208.47		Repairs
Oven/stove cleaning	$48.45		Oven/stove cleaning
Lawns and Garden work	$49.74		Lawns and Garden work
Filing fee reimbursement	$28.00		Filing fee reimbursement
Rent credit		$174.86	Rent credit
Total award	$2,110.35	$174.86
Net award	$1,935.49
Total payable by Tenant to Landlord	$1,935.49

Order

Gerald Teariki Toa-Temarama must pay Kāinga Ora–Homes And Communities $1,935.49 immediately, calculated as shown in table below.

Reasons

The Tribunal must consider an application filed by the landlord against the tenant.
Only the landlord appeared at the hearing. I am satisfied that the tenant has been properly notified of the hearing, and therefore I will proceed to consider the claim in his absence. I note the hearing notice was sent to the tenant’s current Kāinga Ora address, and also that the tenant’s mother has contacted the Tribunal recently. I consider it likely therefore the tenant has been notified about the hearing.

BACKGROUND

The tenancy commenced on 12 May 2023. The sole tenant is Gerald Teariki Toa-Temarama. The landlord is Kāinga Ora Homes and Communities.
The tenancy ended on 5 August 2025.
The landlord has filed a claim for compensation for a range of work necessary when the premises were returned. I will address the claims in turn below.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. Cleaning and rubbish removal
The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness, and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
It is important to note that the RTA does not require the premises to be provided/returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean. Compensation
With any compensation claim, to receive an order the party must incur a loss. In short, the compensation is intended as best money can do, to compensate for the actual loss incurred.
Where a landlord claims compensation for damage caused by a tenant, the landlord must first prove the damage is more than fair wear and tear, and that it occurred during the tenancy. 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.
Where the damage is caused carelessly, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent.
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.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional when a person does something, or allows a situation to continue, knowing that damage is a certainty. See the High Court decision of Guo v Korck [2019] NZHC 1541.

ANALYSIS

The landlord has claimed a range of compensation, I will consider it in turn. But I begin by noting that the landlord confirmed there is a rent credit of $174.86. Claim 1- Rubbish removal
The landlord seeks costs of $775.69 for rubbish removal. The photographs provided to the Tribunal confirm there were couches inside the house, and some rubbish in the shed and outside the dwelling.
I am satisfied that the tenant has not returned the premises in a reasonably clean and tidy state. The amount of the claim seems reasonable given the photographs, so this claim is ordered in full. Claim 2 – Repairs
The landlord states there was widespread damage in the premises including: a. Door jamb damage in bedroom 3 b. Missing door latch and hardware 3 c. Door holes and damage (door needed replacement) bedroom 1 d. Door replacement and associated hardware (missing door) in laundry e. Wall remediation to damaged wall in bedroom 2 f. Wall hole repair bedroom 1 g. Door jamb repair bedroom 1 h. Wall hole repair bedroom 1
I have reviewed the photographs, and find that this damage has been proven. The damage is well beyond fair wear and tear, and I am satisfied that it occurred during the tenancy. The tenant has not proven the damage is anything other than careless or intentional damage, therefore the tenant will be liable for the cost of the repairs. I note that based on the photographs, I consider the damage is likely to be intentional damage.
However, at the hearing the landlord requested to remove the cost $112.70 which was charged for a privacy lock replacement.
The amount owed by the tenant therefore is $1,208.47. Claim 3 – Cleaning stove
The landlord seeks costs to clean the stove at $48.45. The photographs confirm the stove was not returned in a reasonably clean state. This claim is reasonable, it is ordered in full. Claim 4 – Lawn work
The landlord seeks compensation of $49.74 for lawn mowing. The photographs establish that the lawns were not returned to the landlord in a reasonably tidy state. This claim seems reasonable, it is ordered in full.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal.

Claims and awards in Tenancy Tribunal application 5361450 — net $1,935.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal	$775.69		Rubbish removal
Repairs	$1,208.47		Repairs
Oven/stove cleaning	$48.45		Oven/stove cleaning
Lawns and Garden work	$49.74		Lawns and Garden work
Filing fee reimbursement	$28.00		Filing fee reimbursement
Rent credit		$174.86	Rent credit
Total award	$2,110.35	$174.86
Net award	$1,935.49
Total payable by Tenant to Landlord	$1,935.49

Order

Gerald Teariki Toa-Temarama must pay Kāinga Ora–Homes And Communities $1,935.49 immediately, calculated as shown in table below.

Reasons

The Tribunal must consider an application filed by the landlord against the tenant.
Only the landlord appeared at the hearing. I am satisfied that the tenant has been properly notified of the hearing, and therefore I will proceed to consider the claim in his absence. I note the hearing notice was sent to the tenant’s current Kāinga Ora address, and also that the tenant’s mother has contacted the Tribunal recently. I consider it likely therefore the tenant has been notified about the hearing.

BACKGROUND

The tenancy commenced on 12 May 2023. The sole tenant is Gerald Teariki Toa-Temarama. The landlord is Kāinga Ora Homes and Communities.
The tenancy ended on 5 August 2025.
The landlord has filed a claim for compensation for a range of work necessary when the premises were returned. I will address the claims in turn below.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. Cleaning and rubbish removal
The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness, and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
It is important to note that the RTA does not require the premises to be provided/returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean. Compensation
With any compensation claim, to receive an order the party must incur a loss. In short, the compensation is intended as best money can do, to compensate for the actual loss incurred.
Where a landlord claims compensation for damage caused by a tenant, the landlord must first prove the damage is more than fair wear and tear, and that it occurred during the tenancy. 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.
Where the damage is caused carelessly, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent.
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.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional when a person does something, or allows a situation to continue, knowing that damage is a certainty. See the High Court decision of Guo v Korck [2019] NZHC 1541.

ANALYSIS

The landlord has claimed a range of compensation, I will consider it in turn. But I begin by noting that the landlord confirmed there is a rent credit of $174.86. Claim 1- Rubbish removal
The landlord seeks costs of $775.69 for rubbish removal. The photographs provided to the Tribunal confirm there were couches inside the house, and some rubbish in the shed and outside the dwelling.
I am satisfied that the tenant has not returned the premises in a reasonably clean and tidy state. The amount of the claim seems reasonable given the photographs, so this claim is ordered in full. Claim 2 – Repairs
The landlord states there was widespread damage in the premises including: a. Door jamb damage in bedroom 3 b. Missing door latch and hardware 3 c. Door holes and damage (door needed replacement) bedroom 1 d. Door replacement and associated hardware (missing door) in laundry e. Wall remediation to damaged wall in bedroom 2 f. Wall hole repair bedroom 1 g. Door jamb repair bedroom 1 h. Wall hole repair bedroom 1
I have reviewed the photographs, and find that this damage has been proven. The damage is well beyond fair wear and tear, and I am satisfied that it occurred during the tenancy. The tenant has not proven the damage is anything other than careless or intentional damage, therefore the tenant will be liable for the cost of the repairs. I note that based on the photographs, I consider the damage is likely to be intentional damage.
However, at the hearing the landlord requested to remove the cost $112.70 which was charged for a privacy lock replacement.
The amount owed by the tenant therefore is $1,208.47. Claim 3 – Cleaning stove
The landlord seeks costs to clean the stove at $48.45. The photographs confirm the stove was not returned in a reasonably clean state. This claim is reasonable, it is ordered in full. Claim 4 – Lawn work
The landlord seeks compensation of $49.74 for lawn mowing. The photographs establish that the lawns were not returned to the landlord in a reasonably tidy state. This claim seems reasonable, it is ordered in full.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal.

Tenancy Tribunal case 5361450 — Property damage at 20 Hampshire Street, Cannons Creek, Porirua 5024

At a glance

Tenancy Tribunal case 5361450 — Property damage at 20 Hampshire Street, Cannons Creek, Porirua 5024

At a glance

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

ANALYSIS

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

ANALYSIS

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions