Tenantcheck Insights · Case study
Tenancy Tribunal case 5413969 — Property damage at 31 Temuera Street, Otaki, Otaki 5512
Decided 9 June 2026 · Published 9 June 2026 · Application 5413969
Landlord favoured
- Property damage
- Rent arrears
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Otaki
Tribunal region
Adjudicator
L Ryken
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,058.82
- Total balance for Tenant to pay Landlord
- $1,058.82
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 6 November 2025 | $469.28 | Rent arrears to 6 November 2025 | |
| Repairs: Holes in walls | $99.68 | Repairs: Holes in walls | |
| Repairs: Window | $385.60 | Repairs: Window | |
| Cleaning: Kitchen cupboards | $104.26 | Cleaning: Kitchen cupboards | |
| Net award | $1,058.82 | ||
| Total payable by Tenant to Landlord | $1,058.82 |
Claims and awards for application 5413969 — net $1,058.82 NZD. Verify on MoJ.
Rent arrears to 6 November 2025
- Amount
- $469.28
- Awarded to
- Landlord
- Reason
- Rent arrears to 6 November 2025
Repairs: Holes in walls
- Amount
- $99.68
- Awarded to
- Landlord
- Reason
- Repairs: Holes in walls
Repairs: Window
- Amount
- $385.60
- Awarded to
- Landlord
- Reason
- Repairs: Window
Cleaning: Kitchen cupboards
- Amount
- $104.26
- Awarded to
- Landlord
- Reason
- Cleaning: Kitchen cupboards
Net award
Landlord $1,058.82
Total payable by Tenant to Landlord
Landlord $1,058.82
Claim types — money lines allowed on this order
Order
- The Order dated 3 June 2026 is recalled, amended and reissued pursuant to the terms of this order.
- Michaela Caroline Gurney must pay Kāinga Ora–Homes And Communities $1,058.82 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing on 3 June 2026. The tenant did not attend. The tenant tried to call into the hearing around 2:20/2:30pm however, by this time, the hearing had concluded.
- On 3 June 2026, I issued an order requiring the tenant to pay the landlord $954.56. Due to an administrative error, the table calculating the amount owed by the tenant did not include $104.26 for cleaning the kitchen cupboards. Instead “0.00” was recorded for cleaning this area. The purpose of this order is to recall, amend and reissue the order dated 3 June 2026 to correct this error. In all other respects, the order dated 3 June 2026 remains the same.
- The landlord has applied for rent arrears and compensation following the end of the tenancy.
- As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.
How much does the tenant owe in rent arrears?
- The tenancy ended on 6 November 2025. The landlord submitted a rent summary, which proves the tenant owes $469.28 in rent arrears up to this date.
Did the tenant comply with their obligations at the end of the tenancy?
The law
- 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. 1
- “Reasonably” clean means clean to the standard an average, reasonable bystander would consider reasonable. 2 It does not mean commercially clean, 3 spotless 4 or to a hotel or motel standard. 5 The better the premises and the higher the rent payable, the higher the standard expected. 6 Analysis
- The photographs taken at the end of the tenancy show the premises were left reasonably clean and tidy, except for the kitchen cupboards and drawers. Some of these areas have dirt and staining on them and do not appear to have been cleaned or wiped down.
- The landlord submitted a work order for $104.26 to clean the kitchen cupboards and drawers. The landlord’s claim for compensation is granted for this amount. 1 Residential Tenancies Act 1986, section 40(1)(e)(ii) – (v). 2 Housing New Zealand v Holloway NZTT Auckland TT215/93, 8 February 1993 at [8]. 3 Mills v Kiwi Property Care Ltd NZTT Auckland TT215/93, 8 February 1993 at [8]. 4 Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 5 Richards v Scully NZTT Christchurch TT858/97, 8 May 1997 at [3]; Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 6 Westwood v Western [1994] DCR 759 at [770].
- The landlord withdrew their claim for compensation of $48.45 to clean the rangehood.
Is the tenant responsible for damage to the premises during the tenancy?
The law
- 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 the did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. 7
- Fair wear and tear has been defined as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant. 8 Walls
- The photographs taken at the beginning of the tenancy do not show any holes in the walls in the dining room or laundry. In contrast, the photographs taken at the end show holes to the walls in these areas. I find the damage occurred during the tenancy and exceeds fair wear and tear. The tenant has not disproved liability.
- The landlord submitted a work order for $99.68 to repair the holes in the walls The landlord’s claim for compensation is granted for this amount. Window
- The photographs taken at the beginning of the tenancy do not show any damage to the window in bedroom 2, although the photographs are not the best quality. The landlord gave oral evidence that the window in bedroom 2 was not damaged at the beginning of the tenancy. In the absence of any evidence to the contrary, I accept the landlord’s evidence.
- The photographs taken at the end of the tenancy show a medium - large crack to the window in bedroom 1. I find the crack occurred during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.
- The landlord submitted a work order for $385.60 to reglaze the window. The landlord’s claim for compensation is granted for this amount.
- The amounts ordered are proved. 7 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. 8 See discussion in Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403.
- 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. Filing fee
- The landlord made an application requesting not to be reimbursed the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s12, s4, s40(1), s40(2), s7
Key findings
- Dispute theme: rent arrears
- 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 5413969?
The tribunal order states: The Order dated 3 June 2026 is recalled, amended and reissued pursuant to the
How much money was awarded in case 5413969?
Cleaning: $104.26 awarded to landlord; Rent Arrears: $469.28 awarded to landlord; Holes In Walls: $99.68 awarded to landlord; Window: $385.60 awarded to landlord
What type of tenancy dispute was case 5413969?
The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.
Where can I read the official tribunal order for case 5413969?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13719579-Tribunal_Order.pdf.