Tenantcheck Insights · Case study
Tenancy Tribunal case 5395681 — Property damage at 74B Raglan Street, Mangere East, Auckland 2024
Published 9 May 2026 · Application 5395681
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
A Aiolupotea
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,731.61
- Total balance for Tenant to pay Landlord
- $4,731.61
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Repairs: Stairwell holes | $120.48 | Repairs: Stairwell holes | |
| Repairs: Paint stairwell | $161.76 | Repairs: Paint stairwell | |
| Repairs: Bedroom 2 wall holes | $127.59 | Repairs: Bedroom 2 wall holes | |
| Repairs: Bedroom 2 walls finishing | $78.60 | Repairs: Bedroom 2 walls finishing | |
| Repairs: Bathroom wall hole | $40.16 | Repairs: Bathroom wall hole | |
| Lawns and Garden work | $180.00 | Lawns and Garden work | |
| Rubbish removal: Exterior | $2,330.25 | Rubbish removal: Exterior | |
| Cleaning | $465.35 | Cleaning | |
| Rubbish removal: Interior | $656.84 | Rubbish removal: Interior | |
| Repairs: stairway wall | $40.16 | Repairs: stairway wall | |
| Repairs: Cabinet door | $32.49 | Repairs: Cabinet door | |
| Cleaning: Rangehood | $48.45 | Cleaning: Rangehood | |
| Replace furnishings: Lounge carpet | $329.00 | Replace furnishings: Lounge carpet | |
| Repairs: Lounge wall | $120.48 | Repairs: Lounge wall | |
| Net award | $4,731.61 | ||
| Total payable by Tenant to Landlord | $4,731.61 |
Claims and awards for application 5395681 — net $4,731.61 NZD. Verify on MoJ.
Repairs: Stairwell holes
- Amount
- $120.48
- Awarded to
- Landlord
- Reason
- Repairs: Stairwell holes
Repairs: Paint stairwell
- Amount
- $161.76
- Awarded to
- Landlord
- Reason
- Repairs: Paint stairwell
Repairs: Bedroom 2 wall holes
- Amount
- $127.59
- Awarded to
- Landlord
- Reason
- Repairs: Bedroom 2 wall holes
Repairs: Bedroom 2 walls finishing
- Amount
- $78.60
- Awarded to
- Landlord
- Reason
- Repairs: Bedroom 2 walls finishing
Repairs: Bathroom wall hole
- Amount
- $40.16
- Awarded to
- Landlord
- Reason
- Repairs: Bathroom wall hole
Lawns and Garden work
- Amount
- $180.00
- Awarded to
- Landlord
- Reason
- Lawns and Garden work
Rubbish removal: Exterior
- Amount
- $2,330.25
- Awarded to
- Landlord
- Reason
- Rubbish removal: Exterior
Cleaning
- Amount
- $465.35
- Awarded to
- Landlord
- Reason
- Cleaning
Rubbish removal: Interior
- Amount
- $656.84
- Awarded to
- Landlord
- Reason
- Rubbish removal: Interior
Repairs: stairway wall
- Amount
- $40.16
- Awarded to
- Landlord
- Reason
- Repairs: stairway wall
Repairs: Cabinet door
- Amount
- $32.49
- Awarded to
- Landlord
- Reason
- Repairs: Cabinet door
Cleaning: Rangehood
- Amount
- $48.45
- Awarded to
- Landlord
- Reason
- Cleaning: Rangehood
Replace furnishings: Lounge carpet
- Amount
- $329.00
- Awarded to
- Landlord
- Reason
- Replace furnishings: Lounge carpet
Repairs: Lounge wall
- Amount
- $120.48
- Awarded to
- Landlord
- Reason
- Repairs: Lounge wall
Net award
Landlord $4,731.61
Total payable by Tenant to Landlord
Landlord $4,731.61
Claim types — money lines allowed on this order
Order
- Tahamiora Hira must pay Kāinga Ora–Homes And Communities $4,731.61 immediately, calculated as shown in table below.
Reasons
- The Landlord attended the hearing. The Tenant did not appear.
- The landlord has applied for compensation.
- The property was a new build at the start of the tenancy and the tenant was the first occupant.
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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
- The Tenant did not leave the premises in a reasonably clean and tidy condition and failed to remove all rubbish from both the interior and exterior of the property. The exit inspection reports showed that the lawns at the back and side of the house were overgrown. The reports also recorded a significant amount of rubbish and abandoned items inside the property, including furniture, a baby chair, a shelf, a television, shopping trolleys, rubbish bags, cups, plates, a table, and a bed.
- The condition of the property indicated that little or no cleaning had been undertaken by the Tenants. The oven and rangehood were dirty, the floors appeared not to have been vacuumed, and there were several surfaces that required wiping. Outside, rubbish and abandoned items included a trampoline, bags of rubbish, shopping trolleys, a pet carrier, tarpaulin, and numerous miscellaneous items.
- The Landlord provided a summary of the cleaning, lawn mowing and disposal costs incurred. The Landlord also filed written consent from the Tenant authorising disposal of any belongings left behind at the property.
- 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 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.
- During the tenancy, damage was caused to the property, including holes in the walls of the lounge, bedrooms, bathroom, stairway, and entry area; a cabinet door left hanging; and damage to the lounge carpet, including holes, stains, and apparent cigarette burns. Several carpet stains appeared to be liquid-related. Due to the extent of the carpet damage, the Landlord stated that replacement of the lounge carpet was necessary. The loose cabinet door also required re- hanging. The Landlord filed an authority for the Landlord to undertake the repairs for the vacated damages to the property signed by the tenant however I place limited weight on this given the vacated damages were not listed in the form.
- The property was brand new at the commencement of the tenancy, and the size and nature of many of the wall holes suggest they were intentionally caused. The exit inspection reports documented the damage, and the Landlord provided a summary of the associated repair costs. The damage exceeds fair wear and tear and the Tenants have not provided evidence to disprove their liability.
- The amounts ordered are proved.
- I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
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), s49B, s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: property damage
- Dispute theme: cleaning
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5395681?
The tribunal order states: Tahamiora Hira must pay Kāinga Ora–Homes And Communities $4,731.61
How much money was awarded in case 5395681?
Cleaning: $465.35 awarded to landlord; Cleaning: $48.45 awarded to landlord; Lawns and Garden Work: $180.00 awarded to landlord; Bathroom Wall Hole: $40.16 awarded to landlord; Bedroom 2 Wall Holes: $127.59 awarded to landlord; Bedroom 2 Walls Finishing: $78.60 awarded to landlord; Cabinet Door: $32.49 awarded to landlord; Lounge Wall: $120.48 awarded to landlord; Paint Stairwell: $161.76 awarded to landlord; Stairway Wall: $40.16 awarded to landlord; Stairwell Holes: $120.48 awarded to landlord; Replace Furnishings: Lounge Carpet: $329.00 awarded to landlord; Rubbish Removal: $2,330.25 awarded to landlord; Rubbish Removal: $656.84 awarded to landlord
What type of tenancy dispute was case 5395681?
The primary dispute was Property damage. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5395681?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13571461-Tenancy_Tribunal_Order.pdf.