What was the outcome of Tenancy Tribunal case 5374361?

The tribunal order states: Valerie Kahu Walters must pay Kāhui Tū Kaha Limited $8,146.87 immediately,

How much money was awarded in case 5374361?

Cleaning: $201.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $776.25 awarded to landlord; Property Damage: $299.00 awarded to landlord; Property Damage: $348.38 awarded to landlord; Property Damage: $1,228.75 awarded to landlord; Sand And Polyurethane Wooden Floors: $1,236.25 awarded to landlord; Water Rates: $4,596.99 awarded to landlord

What type of tenancy dispute was case 5374361?

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

Where can I read the official tribunal order for case 5374361?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13392943-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5374361?

The tribunal order states: Valerie Kahu Walters must pay Kāhui Tū Kaha Limited $8,146.87 immediately,

How much money was awarded in case 5374361?

Cleaning: $201.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $776.25 awarded to landlord; Property Damage: $299.00 awarded to landlord; Property Damage: $348.38 awarded to landlord; Property Damage: $1,228.75 awarded to landlord; Sand And Polyurethane Wooden Floors: $1,236.25 awarded to landlord; Water Rates: $4,596.99 awarded to landlord

What type of tenancy dispute was case 5374361?

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

Where can I read the official tribunal order for case 5374361?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13392943-Tenancy_Tribunal_Order.pdf.

16 Fontenoy Street, Mount Albert, Auckland 1025 Tenancy Tribunal Case 5374361 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5374361 — net $8,146.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$4,596.99		Water rates
Lock/key replacement	$299.00		Lock/key replacement
Window repairs	$348.38		Window repairs
Cleaning, garden work, rubbish removal	$776.25		Cleaning, garden work, rubbish removal
Sand and polyurethane wooden floors	$1,236.25		Sand and polyurethane wooden floors
Curtain and exterior wall cleaning	$201.25		Curtain and exterior wall cleaning
Wall and stove repairs	$1,228.75		Wall and stove repairs
Filing fee reimbursement	$28.00		Filing fee reimbursement
Credit bond already held by landlord		$568.00	Credit bond already held by landlord
Total award	$8,714.87	$568.00
Net award	$8,146.87
Total payable by Tenant to Landlord	$8,146.87

Ms Walters attended the hearing for herself.

Lyssa Moka attended the hearing for the landlord.

The landlord has applied for water arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

The tenant applied for return of the bond and other matters which she did not wish to pursue. Water arrears

Ms Moka provided water invoices and gave evidence proving what the tenant owes for water use.

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

The tenancy began on 18 November 2022 and ended on 1 August 2025.

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. 1 The tenant is required to replace worn out smoke alarm batteries during the tenancy. 2 The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, did not return the front door key, and a bathroom mirror and two smoke alarms needed replacing. The amounts ordered for cleaning, garden work, rubbish removal, curtain cleaning, and exterior wall cleaning, and replacing the mirror and two smoke alarms are proved.

Is the tenant liable for damage to the premises?

The landlord seeks reimbursement for its costs to repair damage at the premises.

To succeed in the claim, the landlord must prove that the alleged damage to the premises occurred during the tenancy and is more than fair wear and tear. If the 1 Residential Tenancies Act 1986 (RTA) s 40(1)(e)(ii)-(v). 2 RTA s 40(1)(ca). landlord establishes those matters, 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. 3

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 or a person the tenant is responsible for do. 4

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. 5

I am satisfied that during the tenancy the following damage entailing more than fair wear and tear occurred: wall holes and scratches from attaching a television bracket; similar holes from attaching a heater a major crack in the stovetop; significant dents and holes in the walls; deep scratches to the wooden floors; and a broken window.

The tenant has not disproved liability for the damage.

I find the claims for this damage proven.

I am not satisfied that the following damage involved damage that was due to more than fair wear and tear: curtain damage; blocked drains; a broken gully trap; a malfunctioning kitchen tap; lock and handle problems; a kitchen cabinet door coming away; a kitchen drawer not opening properly; a shower soap holder coming away; window latch problems; a detached toilet seat; gate damage, and shower door handles coming away. The Tribunal dismisses these claims.

In quantifying the landlord’s losses, I must account for betterment and depreciation, so that the Tribunal does not overcompensate the landlord. I order 50 percent of the landlord’s cost to sand and polyurethane the floors because the floors are better than before and have more life left in them before they need sanding and polyurethane work. Filing fee

The tenant must reimburse the landlord for the filing fee. 6 3 RTA ss 40(2)(a), 41, and 49B. 4 RTA s 49B(1). 5 See Guo v Korck [2019] NZHC 1541. Tenant’s claims

The tenant had applied for various things including return of the bond, compensation for damage to her belongings, exemplary damages for breach of work orders.

The landlord retains the bond. I apply the bond to the tenant’s debt under this order.

During the hearing, Ms Walters confirmed she did not wish to pursue any other claims relating to the tenancy either today or in the future. She wants to put this tenancy behind her.

The Tribunal dismissed the tenant’s other claims.

Claims and awards in Tenancy Tribunal application 5374361 — net $8,146.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$4,596.99		Water rates
Lock/key replacement	$299.00		Lock/key replacement
Window repairs	$348.38		Window repairs
Cleaning, garden work, rubbish removal	$776.25		Cleaning, garden work, rubbish removal
Sand and polyurethane wooden floors	$1,236.25		Sand and polyurethane wooden floors
Curtain and exterior wall cleaning	$201.25		Curtain and exterior wall cleaning
Wall and stove repairs	$1,228.75		Wall and stove repairs
Filing fee reimbursement	$28.00		Filing fee reimbursement
Credit bond already held by landlord		$568.00	Credit bond already held by landlord
Total award	$8,714.87	$568.00
Net award	$8,146.87
Total payable by Tenant to Landlord	$8,146.87

Order

Valerie Kahu Walters must pay Kāhui Tū Kaha Limited $8,146.87 immediately, calculated as shown in table below.
The Tribunal allows the claims as discussed below and dismisses all other claims.

Reasons

Ms Walters attended the hearing for herself.
Lyssa Moka attended the hearing for the landlord.
The landlord has applied for water arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
The tenant applied for return of the bond and other matters which she did not wish to pursue. Water arrears
Ms Moka provided water invoices and gave evidence proving what the tenant owes for water use.

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

The tenancy began on 18 November 2022 and ended on 1 August 2025.
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. 1 The tenant is required to replace worn out smoke alarm batteries during the tenancy. 2 The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, did not return the front door key, and a bathroom mirror and two smoke alarms needed replacing. The amounts ordered for cleaning, garden work, rubbish removal, curtain cleaning, and exterior wall cleaning, and replacing the mirror and two smoke alarms are proved.

Is the tenant liable for damage to the premises?

The landlord seeks reimbursement for its costs to repair damage at the premises.
To succeed in the claim, the landlord must prove that the alleged damage to the premises occurred during the tenancy and is more than fair wear and tear. If the 1 Residential Tenancies Act 1986 (RTA) s 40(1)(e)(ii)-(v). 2 RTA s 40(1)(ca). landlord establishes those matters, 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. 3
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 or a person the tenant is responsible for do. 4
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. 5
I am satisfied that during the tenancy the following damage entailing more than fair wear and tear occurred: wall holes and scratches from attaching a television bracket; similar holes from attaching a heater a major crack in the stovetop; significant dents and holes in the walls; deep scratches to the wooden floors; and a broken window.
The tenant has not disproved liability for the damage.
I find the claims for this damage proven.
I am not satisfied that the following damage involved damage that was due to more than fair wear and tear: curtain damage; blocked drains; a broken gully trap; a malfunctioning kitchen tap; lock and handle problems; a kitchen cabinet door coming away; a kitchen drawer not opening properly; a shower soap holder coming away; window latch problems; a detached toilet seat; gate damage, and shower door handles coming away. The Tribunal dismisses these claims.
In quantifying the landlord’s losses, I must account for betterment and depreciation, so that the Tribunal does not overcompensate the landlord. I order 50 percent of the landlord’s cost to sand and polyurethane the floors because the floors are better than before and have more life left in them before they need sanding and polyurethane work. Filing fee
The tenant must reimburse the landlord for the filing fee. 6 3 RTA ss 40(2)(a), 41, and 49B. 4 RTA s 49B(1). 5 See Guo v Korck [2019] NZHC 1541. Tenant’s claims
The tenant had applied for various things including return of the bond, compensation for damage to her belongings, exemplary damages for breach of work orders.
The landlord retains the bond. I apply the bond to the tenant’s debt under this order.
During the hearing, Ms Walters confirmed she did not wish to pursue any other claims relating to the tenancy either today or in the future. She wants to put this tenancy behind her.
The Tribunal dismissed the tenant’s other claims.

Tenancy Tribunal case 5374361 — Property damage at 16 Fontenoy Street, Mount Albert, Auckland 1025

At a glance

Tenancy Tribunal case 5374361 — Property damage at 16 Fontenoy Street, Mount Albert, Auckland 1025

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant liable for damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Is the tenant liable for damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions