Tenantcheck Insights · Case study
Tenancy Tribunal case 5405968 — Cleanliness at 8 Simmonds Lane, Mount Wellington, Auckland 1060
Decided 1 April 2026 · Published 1 April 2026 · Application 5405968
Landlord favoured
- Cleanliness
- Rent arrears
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
C Price
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,972.51
- Bond payment as ordered
- −$222.00
- Total balance for Tenant to pay Landlord
- $3,750.51
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 13.10.2025 | $498.57 | Rent arrears to 13.10.2025 | |
| Cleaning | $499.08 | Cleaning | |
| Rubbish removal: garage | $1,149.47 | Rubbish removal: garage | |
| Rubbish removal: exterior | $977.70 | Rubbish removal: exterior | |
| Replace furnishings: carpets in living room, entrance hallways, 3 bedrooms | $636.00 | Replace furnishings: carpets in living room, entrance hallways, 3 bedrooms | |
| Repairs: Plaster holes in bedroom 1 and entry way | $211.69 | Repairs: Plaster holes in bedroom 1 and entry way | |
| Net award | $3,750.51 | ||
| Total payable by Tenant to Landlord | $3,750.51 |
Claims and awards for application 5405968 — net $3,750.51 NZD. Verify on MoJ.
Rent arrears to 13.10.2025
- Amount
- $498.57
- Awarded to
- Landlord
- Reason
- Rent arrears to 13.10.2025
Cleaning
- Amount
- $499.08
- Awarded to
- Landlord
- Reason
- Cleaning
Rubbish removal: garage
- Amount
- $1,149.47
- Awarded to
- Landlord
- Reason
- Rubbish removal: garage
Rubbish removal: exterior
- Amount
- $977.70
- Awarded to
- Landlord
- Reason
- Rubbish removal: exterior
Replace furnishings: carpets in living room, entrance hallways, 3 bedrooms
- Amount
- $636.00
- Awarded to
- Landlord
- Reason
- Replace furnishings: carpets in living room, entrance hallways, 3 bedrooms
Repairs: Plaster holes in bedroom 1 and entry way
- Amount
- $211.69
- Awarded to
- Landlord
- Reason
- Repairs: Plaster holes in bedroom 1 and entry way
Net award
Landlord $3,750.51
Total payable by Tenant to Landlord
Landlord $3,750.51
Claim types — money lines allowed on this order
Order
- Lipena Faletoi must pay Kāinga Ora–Homes And Communities $3,750.51 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $222.00 (BN-10055601) to Kāinga Ora– Homes And Communities immediately.
Reasons
- Ms Gray, representing the landlord, attended the video conference hearing. The tenant did not join the hearing as per the instructions in the Notice of Hearing and so did not attend the hearing. As the tenant was served, the hearing proceeded in her absence.
- The landlord has applied for rent arrears and compensation in a vacated tenancy. During the hearing, the landlord asked to amend their claim to add a claim for refund of the bond. As this had been signalled to the tenant by the landlord in a statement of account sent to the tenant, which included the bond to be deducted from the claims made, I allowed the landlord to add the refund bond claim.
- The landlord said the tenant’s friend told them on 8 October 2025 that she had left the country, which was later confirmed in an email from the tenant to the landlord. The landlord said they then had to arrange to attend the property to inspect it. The landlord took the date the tenancy ended as 13 October 2025, which was much less than the 21 days’ notice, which would have been required of the tenancy ordinarily. This date the tenancy ended has not been disputed by the tenant.
How much is owed for rent?
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing to 13 October 2025, which is $498.57.
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 landlord said the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
- The landlord provided copies of an Entry Inspection Report dated 18 September 2018 and an Exit Inspection Report dated 9 October 2025. The landlord also provided costed work orders, which showed the amounts claimed for all their claims.
- The landlord claimed a total of $499.08 for cleaning, which had been reduced from their original claim, given the photographs in the Exit Inspection Report.
- The landlord pointed to photographs in the Exit Inspection Report showing some dirty windowsills and walls, dirty bathtub and bathroom, kitchen cupboards and rangehood and some other areas which needed cleaning. The landlord claimed $104.26 for cleaning the kitchen cupboards, $48.45 for cleaning the rangehood dirty filters and $346.37 for cleaning the rest of the house, as outlined above. I find the landlord’s cleaning claim reasonable, given the evidence provided and so award the landlord $499.08 for cleaning at the end of the tenancy.
- The landlord claimed $1,149.47 for removing rubbish from the garage and a further $977.70 for removing rubbish from outside the property at the end of the tenancy.
- The landlord pointed to photographs in the Exit Inspection Report which showed a lot of large items and other rubbish left in the garage, including a broom, headboard, large boxes, bed, stool, chillybin, old carpets, pram, old microwave, wood plank, toys, and large items left in the rafters in the garage. The landlord said they removed 7 cubic metres of rubbish from the garage. Given the evidence provided, I find the landlord’s claim to remove rubbish from the garage to be reasonable and so award the landlord $1,149.47 for removing rubbish from the garage at the end of the tenancy.
- The landlord showed photographs from the Exit Inspection Report which showed the mountain of rubbish left outside the property that had to be removed, which included 3 mattresses, a large trampoline, bed base, lots of rubbish bags, chairs and a toy car. The landlord said this amounted to 6 cubic metres of rubbish. I find the landlord’s claim to remove exterior rubbish from the property to be reasonable, given the evidence provided, and so award the landlord $977.70 to remove rubbish from the outside of the property at the end of the tenancy.
- 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.
- The landlord said the following damage was caused during the tenancy: Carpets a. The landlord said the carpets had to be replaced in the living room, entry ways downstairs and upstairs and in the 3 bedrooms at the property, as all these carpets were very stained. The landlord said they attempted to clean the carpets to remove the stains, but this did not remove the stains and so all these carpets had to be replaced. The landlord showed photographs from the Exit Inspection Report showing carpets that were very stained in the living room, entry ways upstairs and downstairs and in all 3 bedrooms. I accept the landlord had to replace these carpets after the stains could not be removed with carpet cleaning. b. Given the evidence, I find this damage is likely careless damage on the tenant’s part. As such, the tenant is liable for the replacement cost minus any depreciation. The cap in section 49B RTA applies here. c. 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. d. The landlord said the carpets had been put in new just prior to the start of the tenancy in 2018. The landlord claimed a total depreciated cost of $742.82 to replace all these carpets, estimating the lifespan of the carpets to be around 10 years for depreciation purposes. The landlord also provided the full replacement costs for each carpet. e. I agree with the landlord’s depreciation process and the amount they have reached to replace the carpets, which takes account of depreciation appropriately, given the evidence. f. However, weekly rent was $159.00 so 4 weeks’ rent would be $636.00, which is less than the depreciated claim of $742.82. The tenant is only liable for the equivalent of 4 weeks’ rent here, as there in no insurance excess applicable. g. As such, I award the landlord $636.00 to replace all these carpets as outlined above. Plastering repairs h. The landlord claimed $181.66 to repair 2 holes in the wardrobe door and in the main door in bedroom 1 and $30.03 to plaster a hole behind a door in the entry way. The landlord said they had provided a door stopper to the tenant for this door originally, but it was missing at the end of the tenancy. i. The landlord clarified the claim was only for plastering, not any painting, and so depreciation does not apply here. j. The landlord pointed to photographs in the Exit Inspection Report which showed holes in the wardrobe door and main door in bedroom 1 as well as the hole in the wall behind the door in the entry way. k. I find this damage to be intentional damage on the part of the tenant. As such, the tenant is liable for the full repair cost less any depreciation. Depreciation does not apply here so the tenant is liable to pay the landlord a total of $211.69 for plastering repairs at the end of the tenancy.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved. Refund of the bond
- The Bond Centre is to pay the bond of $222.00 (BN-10055601) to Kāinga Ora– Homes And Communities immediately.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s13, s40(1), s40(2), s49B, s49B(1), s49B(3), s49B(3A)
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 5405968?
The tribunal order states: Lipena Faletoi must pay Kāinga Ora–Homes And Communities $3,750.51
How much money was awarded in case 5405968?
Cleaning: $499.08 awarded to landlord; Rent Arrears: $498.57 awarded to landlord; Plaster holes in bedroom 1 and entry…: $211.69 awarded to landlord; Replace furnishings: carpets in livi…: $636.00 awarded to landlord; Rubbish Removal: $977.70 awarded to landlord; Rubbish Removal: $1,149.47 awarded to landlord
What type of tenancy dispute was case 5405968?
The primary dispute was Cleanliness. Related themes: Rent arrears, Property damage.
Where can I read the official tribunal order for case 5405968?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13376104-Tenancy_Tribunal_Order.pdf.