What was Tenancy Tribunal case 5380841 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5380841?

Cleaning: $350.00 awarded to landlord; Plaster, Patch And Stop Holes: $274.08 awarded to landlord

What type of tenancy dispute was case 5380841?

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

Where can I read the official tribunal order for case 5380841?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13071879-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5380841 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5380841?

Cleaning: $350.00 awarded to landlord; Plaster, Patch And Stop Holes: $274.08 awarded to landlord

What type of tenancy dispute was case 5380841?

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

Where can I read the official tribunal order for case 5380841?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13071879-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5380841 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5380841 — net $624.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$350.00	Cleaning
Repairs: plaster, patch and stop holes	$274.08	Repairs: plaster, patch and stop holes
Net award	$624.08
Total payable by Tenant to Landlord	$624.08

Ms Reatere, representing the landlord, and [The tenant/s], the tenant, and her support person, [The tenant’s support person], all attended the hearing by video conference and phone conference respectively.

The landlord has applied for compensation following the end of the tenancy.

The parties agreed the tenancy ended on 11 September 2025.

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 landlord and tenant discussed the issue of whether the premises were left reasonably clean and tidy. The parties agreed the tenant would pay $350.00 towards the landlord’s cleaning costs at the end of the tenancy.

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 and tenant discussed the issue of what damage was left at the end of the tenancy. By consent, the parties agreed that the tenant will pay $274.08 towards the cost of plastering, patching and stopping some holes in the walls at the end of the tenancy. Suppression

The tenant requested name suppression. As the parties reached agreement for this Consent Order, it is appropriate that the tenant be granted name suppression. Therefore, I order that the tenant’s name and identifying details and the tenancy address are not to be published. See section 95A(1) and 95A(4) Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 5380841 — net $624.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$350.00	Cleaning
Repairs: plaster, patch and stop holes	$274.08	Repairs: plaster, patch and stop holes
Net award	$624.08
Total payable by Tenant to Landlord	$624.08

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details and the tenancy address.
[The tenant/s] must pay Kāinga Ora–Homes And Communities $624.08 immediately, calculated as shown in table below.

Reasons

Ms Reatere, representing the landlord, and [The tenant/s], the tenant, and her support person, [The tenant’s support person], all attended the hearing by video conference and phone conference respectively.
The landlord has applied for compensation following the end of the tenancy.
The parties agreed the tenancy ended on 11 September 2025.

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 landlord and tenant discussed the issue of whether the premises were left reasonably clean and tidy. The parties agreed the tenant would pay $350.00 towards the landlord’s cleaning costs at the end of the tenancy.

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 and tenant discussed the issue of what damage was left at the end of the tenancy. By consent, the parties agreed that the tenant will pay $274.08 towards the cost of plastering, patching and stopping some holes in the walls at the end of the tenancy. Suppression
The tenant requested name suppression. As the parties reached agreement for this Consent Order, it is appropriate that the tenant be granted name suppression. Therefore, I order that the tenant’s name and identifying details and the tenancy address are not to be published. See section 95A(1) and 95A(4) Residential Tenancies Act 1986.

Tenancy Tribunal case 5380841 — Cleanliness

At a glance

Award balance

Tenancy Tribunal case 5380841 — Cleanliness

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 responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

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