Tenantcheck Insights · Case study
Tenancy Tribunal case 5398591 — Rent arrears at 39 Croall Crescent, Saint Andrews, Hamilton 3200
Published 19 March 2026 · Application 5398591
Landlord favoured
- Rent arrears
- Cleanliness
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Hamilton
Tribunal region
Adjudicator
R Harvey-Lane
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $6,892.44
- Total balance for Tenant to pay Landlord
- $6,892.44
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 12 October 2025 | $1,820.57 | Rent arrears to 12 October 2025 | |
| Cleaning | $682.63 | Cleaning | |
| Rubbish removal | $3,240.44 | Rubbish removal | |
| Repairs: Walls | $181.80 | Repairs: Walls | |
| Replace furnishings: Carpet | $967.00 | Replace furnishings: Carpet | |
| Net award | $6,892.44 | ||
| Total payable by Tenant to Landlord | $6,892.44 |
Claims and awards for application 5398591 — net $6,892.44 NZD. Verify on MoJ.
Rent arrears to 12 October 2025
- Amount
- $1,820.57
- Awarded to
- Landlord
- Reason
- Rent arrears to 12 October 2025
Cleaning
- Amount
- $682.63
- Awarded to
- Landlord
- Reason
- Cleaning
Rubbish removal
- Amount
- $3,240.44
- Awarded to
- Landlord
- Reason
- Rubbish removal
Repairs: Walls
- Amount
- $181.80
- Awarded to
- Landlord
- Reason
- Repairs: Walls
Replace furnishings: Carpet
- Amount
- $967.00
- Awarded to
- Landlord
- Reason
- Replace furnishings: Carpet
Net award
Landlord $6,892.44
Total payable by Tenant to Landlord
Landlord $6,892.44
Claim types — money lines allowed on this order
Order
- Pashion Akenihia Ramsay must pay Kāinga Ora–Homes and Communities $6,892.44 immediately, as calculated in the table below:
Reasons
- The landlord attended the video hearing. The tenant did not attend, and the hearing proceeded in their absence.
- 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 12 October 2025. The landlord provided rent records which prove the amount owing of $1,820.57 at 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 (RTA).
- The landlord says that the tenant did not leave the premises clean and tidy and did not remove rubbish. As a result, they were required to do further cleaning to the kitchen cupboards, rangehood as well as carry out a general clean throughout the entire house.
- There was also significant rubbish left to the interior and exterior of the property. Photographs and evidence of costings have been provided, and the landlord claims a total of $682.63 for cleaning (including for a rangehood filter that required replacement) and $3,240.44 for rubbish removal (nothing there was 6 cubic metres of rubbish to the exterior and 12 cubic metres of rubbish to the interior).
- On review of the evidence provided, I am satisfied that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
- 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 154
- The landlord claims for damage to the carpet in three of the bedrooms and for wall damage (several holes) in two bedrooms and the dining room.
- The landlord was required to replace the carpet in these locations due to staining and damage (rips in the carpet). The total cost for the carpet replacement was $1,933.22, however due to the carpet being around five years old, the landlord is only seeking the depreciated value of $967.00.
- For the wall repairs, the landlord is claiming the repair cost of $181.80.
- Photographs, evidence of the costings and depreciation calculations have been provided in support of the claims. I am satisfied the carpet’s depreciated value reasonably reflects the loss and ensures that there is no betterment (the landlord is not in a better position than if the breach had not occurred).
- The following damage was caused during the tenancy: Damage to the carpet and walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved. R Harvey-Lane 19 March 2026
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), s6
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 5398591?
The tribunal order states: Pashion Akenihia Ramsay must pay Kāinga Ora–Homes and Communities
How much money was awarded in case 5398591?
Cleaning: $682.63 awarded to landlord; Rent Arrears: $1,820.57 awarded to landlord; Walls: $181.80 awarded to landlord; Replace Furnishings: Carpet: $967.00 awarded to landlord; Rubbish Removal: $3,240.44 awarded to landlord
What type of tenancy dispute was case 5398591?
The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.
Where can I read the official tribunal order for case 5398591?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13315755-Tenancy_Tribunal_Order.pdf.