Published tribunal order
Tenancy Tribunal case 5362076 — Property damage at Unit/Flat Flat 1, 179 Weymouth Road, Manurewa, Auckland
Published 12 January 2026 · Application 5362076
Landlord favoured
- Property damage
- Cleanliness
Order
Toby Bertha Roberts must pay Kāinga Ora–Homes And Communities $15,167.35 immediately, calculated as shown in table below. Award table omitted. See the official MoJ PDF for line-item amounts.
Reasons
- Only the landlord attended the hearing.
- The landlord has applied for compensation following the end of the tenancy.
- The rent was in credit at 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.
- 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.
- 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: carpet, walls, cabinet drawer and doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- Note: the landlord advises that the tenant has already been making regular repayments towards the above debt.