Tenantcheck Insights · Case study
Tenancy Tribunal case 5381046 — Cleanliness at Unit/Flat Unit 3, 2 Gardner Avenue, New Lynn, Auckland
Decided 4 February 2026 · Published 4 February 2026 · Application 5381046
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
J Setefano
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $412.93
- Total balance for Tenant to pay Landlord
- $412.93
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Supply & lay carpet - bedroom 2 | $166.37 | Supply & lay carpet - bedroom 2 | |
| Clean stove | $165.86 | Clean stove | |
| Patch up hole - garage | $40.35 | Patch up hole - garage | |
| Patch up hole - living room | $40.35 | Patch up hole - living room | |
| Net award | $412.93 | ||
| Total payable by Tenant to Landlord | $412.93 |
Claims and awards for application 5381046 — net $412.93 NZD. Verify on MoJ.
Supply & lay carpet - bedroom 2
- Amount
- $166.37
- Awarded to
- Landlord
- Reason
- Supply & lay carpet - bedroom 2
Clean stove
- Amount
- $165.86
- Awarded to
- Landlord
- Reason
- Clean stove
Patch up hole - garage
- Amount
- $40.35
- Awarded to
- Landlord
- Reason
- Patch up hole - garage
Patch up hole - living room
- Amount
- $40.35
- Awarded to
- Landlord
- Reason
- Patch up hole - living room
Net award
Landlord $412.93
Total payable by Tenant to Landlord
Landlord $412.93
Claim types — money lines allowed on this order
Order
- Ivoga Lousiale must pay Kāinga Ora–Homes And Communities $412.93 immediately, calculated as shown in the table below.
Reasons
- The landlord attended the hearing which was held by teleconference on 21 January 2026. The tenant did not attend. Attempts were made to contact the tenant on the contact number provided in the application but without success. I was satisfied that proper service of the hearing notice had been completed and proceeded with the hearing in the tenant’s absence.
- The landlord has applied for compensation following 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.
- 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.
- The landlord proved on the evidence that the tenant did not leave the stove reasonably clean and tidy.
- The following damage was caused during the tenancy: the carpet in bedroom 2 was heavily stained, there were holes in the walls of the garage and living room. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The landlord relied on an invoice for the charges incurred, the pre let and end of tenancy property inspection reports and photographs.
- The amounts ordered are proved and have taken into account depreciation where required.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2)
Key findings
- Dispute theme: cleaning
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5381046?
The tribunal order states: Ivoga Lousiale must pay Kāinga Ora–Homes And Communities $412.93
How much money was awarded in case 5381046?
Cleaning: $165.86 awarded to landlord; Patch Up Hole - Garage: $40.35 awarded to landlord; Patch Up Hole - Living Room: $40.35 awarded to landlord; Supply & Lay Carpet - Bedroom 2: $166.37 awarded to landlord
What type of tenancy dispute was case 5381046?
The primary dispute was Cleanliness.
Where can I read the official tribunal order for case 5381046?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13076472-Tenancy_Tribunal_Order.pdf.