What was Tenancy Tribunal case 5367284 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5367284?

Cleaning: $112.60 awarded to landlord; Previous Order Application 5319002 D…: $5,211.42 awarded to landlord; Property Damage: $459.45 awarded to landlord; Rent Arrears: $108.58 awarded to landlord; Rubbish Removal: $894.36 awarded to landlord

What type of tenancy dispute was case 5367284?

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

Where can I read the official tribunal order for case 5367284?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12818231-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5367284 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5367284?

Cleaning: $112.60 awarded to landlord; Previous Order Application 5319002 D…: $5,211.42 awarded to landlord; Property Damage: $459.45 awarded to landlord; Rent Arrears: $108.58 awarded to landlord; Rubbish Removal: $894.36 awarded to landlord

What type of tenancy dispute was case 5367284?

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

Where can I read the official tribunal order for case 5367284?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12818231-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 1, 6 Hendon Road, Fairview Downs, Hamilton Tenancy Tribunal Case 5367284 — Property damage

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Unit/Flat Unit 1, 6 Hendon Road, Fairview Downs, Hamilton Tenancy Tribunal Case 5367284 — 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 5367284 — net $6,786.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 28/10/25 to 1/09/25	$108.58	Rent arrears from 28/10/25 to 1/09/25
Previous order application 5319002 dated 28/10/2025	$5,211.42	Previous order application 5319002 dated 28/10/2025
Rubbish removal (interior and exterior	$894.36	Rubbish removal (interior and exterior
Cleaning	$112.60	Cleaning
Wall repairs	$459.45	Wall repairs
Net award	$6,786.41
Total payable by Tenant to Landlord	$6,786.41

Claims and awards for application 5367284 — net $6,786.41 NZD. Verify on MoJ.

Rent arrears from 28/10/25 to 1/09/25

Amount: $108.58
Awarded to: Landlord
Reason: Rent arrears from 28/10/25 to 1/09/25

Previous order application 5319002 dated 28/10/2025

Amount: $5,211.42
Awarded to: Landlord
Reason: Previous order application 5319002 dated 28/10/2025

Rubbish removal (interior and exterior

Amount: $894.36
Awarded to: Landlord
Reason: Rubbish removal (interior and exterior

Cleaning

Amount: $112.60
Awarded to: Landlord
Reason: Cleaning

Wall repairs

Amount: $459.45
Awarded to: Landlord
Reason: Wall repairs

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes and Communities $6,786.41 immediately, as calculated in the table below:

Reasons

The landlord attended the hearing. The tenant did not attend and did not respond despite being telephoned on the number ending in 215.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

A previous Tribunal order terminated the tenancy, granted possession to the landlord on 28 August 2025 and awarded rent to that date. For ease, that order is incorporated into this order.
The landlord advises that the tenant did not move out of the property until 1 September 2025 and claims for the additional days rent from 28 October 2025 to the vacate date totalling $108.58.
The landlord has provided rent records, and the amount ordered is proved.

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 (RTA).
The landlord says that the tenant did not leave the property reasonably clean and tidy and did not remove all rubbish. There was additional cleaning required to the kitchen cupboards at a cost of $112.60, rubbish removal to the interior of $177.36 and exterior rubbish removal of $717.00. Photographs and evidence of the costs have been provided.
On review of the evidence, I consider that 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 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 landlord claims for repairs to walls, patching holes behind the installed television bracket, plaster stopping and painting. The total repair cost claim is $459.45, and photographs and evidence of the costs have been provided.
The following damage was caused during the tenancy: Wall damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. R Harvey-Lane 04 December 2025

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 5367284 — net $6,786.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 28/10/25 to 1/09/25	$108.58	Rent arrears from 28/10/25 to 1/09/25
Previous order application 5319002 dated 28/10/2025	$5,211.42	Previous order application 5319002 dated 28/10/2025
Rubbish removal (interior and exterior	$894.36	Rubbish removal (interior and exterior
Cleaning	$112.60	Cleaning
Wall repairs	$459.45	Wall repairs
Net award	$6,786.41
Total payable by Tenant to Landlord	$6,786.41

Claims and awards for application 5367284 — net $6,786.41 NZD. Verify on MoJ.

Rent arrears from 28/10/25 to 1/09/25

Amount: $108.58
Awarded to: Landlord
Reason: Rent arrears from 28/10/25 to 1/09/25

Previous order application 5319002 dated 28/10/2025

Amount: $5,211.42
Awarded to: Landlord
Reason: Previous order application 5319002 dated 28/10/2025

Rubbish removal (interior and exterior

Amount: $894.36
Awarded to: Landlord
Reason: Rubbish removal (interior and exterior

Cleaning

Amount: $112.60
Awarded to: Landlord
Reason: Cleaning

Wall repairs

Amount: $459.45
Awarded to: Landlord
Reason: Wall repairs

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes and Communities $6,786.41 immediately, as calculated in the table below:

Reasons

The landlord attended the hearing. The tenant did not attend and did not respond despite being telephoned on the number ending in 215.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

A previous Tribunal order terminated the tenancy, granted possession to the landlord on 28 August 2025 and awarded rent to that date. For ease, that order is incorporated into this order.
The landlord advises that the tenant did not move out of the property until 1 September 2025 and claims for the additional days rent from 28 October 2025 to the vacate date totalling $108.58.
The landlord has provided rent records, and the amount ordered is proved.

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 (RTA).
The landlord says that the tenant did not leave the property reasonably clean and tidy and did not remove all rubbish. There was additional cleaning required to the kitchen cupboards at a cost of $112.60, rubbish removal to the interior of $177.36 and exterior rubbish removal of $717.00. Photographs and evidence of the costs have been provided.
On review of the evidence, I consider that 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 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 landlord claims for repairs to walls, patching holes behind the installed television bracket, plaster stopping and painting. The total repair cost claim is $459.45, and photographs and evidence of the costs have been provided.
The following damage was caused during the tenancy: Wall damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. R Harvey-Lane 04 December 2025

Tenancy Tribunal case 5367284 — Property damage at Unit/Flat Unit 1, 6 Hendon Road, Fairview Downs, Hamilton

At a glance

Tenancy Tribunal case 5367284 — Property damage at Unit/Flat Unit 1, 6 Hendon Road, Fairview Downs, Hamilton

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