Tenantcheck Insights · Case study
Tenancy Tribunal case 5392420 — Cleanliness at Unit/Flat Unit 403, 3184 Great North Road, New Lynn,
Decided 30 January 2026 · Published 30 January 2026 · Application 5392420
- Cleanliness
- Property damage
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
K Koller
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,443.63
- Total balance for Tenant to pay Landlord
- $1,443.63
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 9 October 2025 | $262.57 | Rent arrears to 9 October 2025 | |
| Cleaning | $618.06 | Cleaning | |
| Replacement carpet | $405.00 | Replacement carpet | |
| Replacement oven - as claimed | $158.00 | Replacement oven - as claimed | |
| Net award | $1,443.63 | ||
| Total payable by Tenant to Landlord | $1,443.63 |
Claims and awards for application 5392420 — net $1,443.63 NZD. Verify on MoJ.
Rent arrears to 9 October 2025
- Amount
- $262.57
- Awarded to
- Landlord
- Reason
- Rent arrears to 9 October 2025
Cleaning
- Amount
- $618.06
- Awarded to
- Landlord
- Reason
- Cleaning
Replacement carpet
- Amount
- $405.00
- Awarded to
- Landlord
- Reason
- Replacement carpet
Replacement oven - as claimed
- Amount
- $158.00
- Awarded to
- Landlord
- Reason
- Replacement oven - as claimed
Net award
Landlord $1,443.63
Total payable by Tenant to Landlord
Landlord $1,443.63
Claim types — money lines allowed on this order
Order
- Abdirahman Mohamoud Hassan must pay Kāinga Ora–Homes And Communities $1,443.63 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing.
- The landlord has applied for rent arrears and compensation following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 9 October 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Did the tenant comply with his obligations at the end of the tenancy?
- Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
- The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
- The landlord provided me with photos taken at the end of the tenancy. The house was very dirty and required cleaning. The amount claimed is proved and allowed.
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.
- 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.
- There was damage to the carpets. I have seen photos. Landlord’s evidence is the carpets were brand new 6 years ago. At the end of the tenancy the carpets were very dirty and stained. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The IRD has a table called IR265 – 2020 which estimates 8 years as the useful life of carpet in a residential tenancy. I have allowed 75% of the replacement cost for the carpet in the lounge and the bedroom to take depreciation into account.
- There was damage to the oven. I have seen photos taken at the end of the tenancy and the oven was in a very poor condition. I accept the landlord’s evidence the oven did not work. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The oven was installed in 2019. The IR265 estimates 8 years as the expected life for an oven in a residential tenancy. The amount claimed is less than 75% of the replacement cost so I have allowed the amount claimed.
- The amounts ordered are proved.
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), s8
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5392420?
The tribunal order states: Abdirahman Mohamoud Hassan must pay Kāinga Ora–Homes And
How much money was awarded in case 5392420?
Cleaning: $618.06 awarded to landlord; Property Damage: $405.00 awarded to landlord; Property Damage: $158.00 awarded to landlord; Rent Arrears: $262.57 awarded to landlord
What type of tenancy dispute was case 5392420?
The primary dispute was Cleanliness. Related themes: Property damage, Rent arrears.
Where can I read the official tribunal order for case 5392420?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13049061-Tenancy_Tribunal_Order.pdf.