Published tribunal order
Tenancy Tribunal case 5382941 — Rent arrears at 41 Ferguson Street, Mangere East, Auckland 2024
Decided 10 March 2026 · Published 10 March 2026 · Application 5382941
Landlord favoured
- Rent arrears
- Property damage
- Cleanliness
Order
- ANA VEA MOALA KAVA and SIOSAIA PAHULU KAVA must pay Kāinga Ora– Homes And Communities $1,127.40 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $362.00 (5544572-007) to Kāinga Ora– Homes And Communities immediately.
Reasons
- Both parties attended the hearing which was held by telephone. Mr Kava stated that he represented both tenants at today’s hearing.
- The landlord has applied for rent arrears, compensation and payment of the bond.
How much is owed for rent?
- The tenancy ended on 23 September 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy - $792.57. The last payment of rent was $639.00 on 12 September 2025.
Did the tenants comply with their obligations at the end of the tenancy?
- At the end of the tenancy the tenants 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 photographs taken at the exit inspection show that the premises were not left reasonably clean.
- The landlord paid a professional cleaner $692.75 to get the premises to the standard they required. However, after discussion at today’s hearing, given that the tenants lived at the premises for 17 years, it was agreed that the tenants should pay half of this invoiced cost – ie $346.00.
Are the tenant sresponsible 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.
- It was established that during the tenancy holes occurred in the bedroom 2 door, the laundry wall and the dining room wall. This damage was more than fair wear and tear and so the tenants are required to pay the costs of the repair to this damage.
- The amounts ordered to remedy these issues are proved.
- The claim for a broken door knob is dismissed. I consider that the door knob has gone well beyond its life expectancy and tenants should not be required to pay the cost of its replacement. I note again that the tenants have been living here for 17 years and the door is at least that old. C ter Haar 10 March 2026