What was the outcome of Tenancy Tribunal case 5384144?

The tribunal order states: LEO GEROS must pay Kāinga Ora–Homes And Communities $5,766.03

How much money was awarded in case 5384144?

Cleaning: $569.61 awarded to landlord; Cleaning: $165.86 awarded to landlord; Property Damage: $187.00 awarded to landlord; Property Damage: $126.00 awarded to landlord; Property Damage: $2,023.46 awarded to landlord; Rent Arrears: $851.43 awarded to landlord; Rubbish Removal: $946.42 awarded to landlord; Rubbish Removal: $896.25 awarded to landlord

What type of tenancy dispute was case 5384144?

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

Where can I read the official tribunal order for case 5384144?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13016054-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5384144?

The tribunal order states: LEO GEROS must pay Kāinga Ora–Homes And Communities $5,766.03

How much money was awarded in case 5384144?

Cleaning: $569.61 awarded to landlord; Cleaning: $165.86 awarded to landlord; Property Damage: $187.00 awarded to landlord; Property Damage: $126.00 awarded to landlord; Property Damage: $2,023.46 awarded to landlord; Rent Arrears: $851.43 awarded to landlord; Rubbish Removal: $946.42 awarded to landlord; Rubbish Removal: $896.25 awarded to landlord

What type of tenancy dispute was case 5384144?

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

Where can I read the official tribunal order for case 5384144?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13016054-Tenancy_Tribunal_Order.pdf.

9 Aurora Avenue, Wesley, Auckland 1025 Tenancy Tribunal Case 5384144 — Property damage

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9 Aurora Avenue, Wesley, Auckland 1025 Tenancy Tribunal Case 5384144 — 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 5384144 — net $5,766.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 September 2025	$851.43	Rent arrears to 19 September 2025
Window repairs	$187.00	Window repairs
Lock/key replacement	$126.00	Lock/key replacement
Rubbish removal: Inside	$946.42	Rubbish removal: Inside
Rubbish removal: Outside	$896.25	Rubbish removal: Outside
Repairs	$2,023.46	Repairs
Cleaning	$569.61	Cleaning
Oven/stove cleaning	$165.86	Oven/stove cleaning
Net award	$5,766.03
Total payable by Tenant to Landlord	$5,766.03

Claims and awards for application 5384144 — net $5,766.03 NZD. Verify on MoJ.

Rent arrears to 19 September 2025

Amount: $851.43
Awarded to: Landlord
Reason: Rent arrears to 19 September 2025

Window repairs

Amount: $187.00
Awarded to: Landlord
Reason: Window repairs

Lock/key replacement

Amount: $126.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal: Inside

Amount: $946.42
Awarded to: Landlord
Reason: Rubbish removal: Inside

Rubbish removal: Outside

Amount: $896.25
Awarded to: Landlord
Reason: Rubbish removal: Outside

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears Rubbish Removal

Order

LEO GEROS must pay Kāinga Ora–Homes And Communities $5,766.03 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for rent arrears and compensation following the end of the tenancy.
The tenancy was ended by a previous order. Any monetary amount in that order is incorporated into this order.

How much is owed for rent?

The tenancy ended on 19 September 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord provided a series of exit photos that support the costs as evidenced in the invoice. The costs as claimed are awarded, with the exception of the full claim for window repair ($397.29) as the invoices supplied for repairs confirm the lower amount of $313.00 as ordered.
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 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 following damage was caused during the tenancy: a. Holes in numerous walls b. Graffiti on walls c. Bathroom door broken, requiring replacement d. External door (laundry) removed/boarded up. e. Windows removed that required rehanging and replacement of fittings
The landlord provided entry and exit photos as well as a breakdown of the repair costs incurred. The costs incurred reflect the evidenced damage and need for repairs.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

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 5384144 — net $5,766.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 September 2025	$851.43	Rent arrears to 19 September 2025
Window repairs	$187.00	Window repairs
Lock/key replacement	$126.00	Lock/key replacement
Rubbish removal: Inside	$946.42	Rubbish removal: Inside
Rubbish removal: Outside	$896.25	Rubbish removal: Outside
Repairs	$2,023.46	Repairs
Cleaning	$569.61	Cleaning
Oven/stove cleaning	$165.86	Oven/stove cleaning
Net award	$5,766.03
Total payable by Tenant to Landlord	$5,766.03

Claims and awards for application 5384144 — net $5,766.03 NZD. Verify on MoJ.

Rent arrears to 19 September 2025

Amount: $851.43
Awarded to: Landlord
Reason: Rent arrears to 19 September 2025

Window repairs

Amount: $187.00
Awarded to: Landlord
Reason: Window repairs

Lock/key replacement

Amount: $126.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal: Inside

Amount: $946.42
Awarded to: Landlord
Reason: Rubbish removal: Inside

Rubbish removal: Outside

Amount: $896.25
Awarded to: Landlord
Reason: Rubbish removal: Outside

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears Rubbish Removal

Order

LEO GEROS must pay Kāinga Ora–Homes And Communities $5,766.03 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for rent arrears and compensation following the end of the tenancy.
The tenancy was ended by a previous order. Any monetary amount in that order is incorporated into this order.

How much is owed for rent?

The tenancy ended on 19 September 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord provided a series of exit photos that support the costs as evidenced in the invoice. The costs as claimed are awarded, with the exception of the full claim for window repair ($397.29) as the invoices supplied for repairs confirm the lower amount of $313.00 as ordered.
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 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 following damage was caused during the tenancy: a. Holes in numerous walls b. Graffiti on walls c. Bathroom door broken, requiring replacement d. External door (laundry) removed/boarded up. e. Windows removed that required rehanging and replacement of fittings
The landlord provided entry and exit photos as well as a breakdown of the repair costs incurred. The costs incurred reflect the evidenced damage and need for repairs.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 5384144 — Property damage at 9 Aurora Avenue, Wesley, Auckland 1025

At a glance

Tenancy Tribunal case 5384144 — Property damage at 9 Aurora Avenue, Wesley, Auckland 1025

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

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

Frequently asked questions