What was the outcome of Tenancy Tribunal case 5416668?

The tribunal order states: Horiana Noela Tui Williams must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5416668?

Cleaning: $172.88 awarded to landlord; Rent Arrears: $75.43 awarded to landlord; Walls: $704.25 awarded to landlord

What type of tenancy dispute was case 5416668?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 5416668?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13386156-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5416668?

The tribunal order states: Horiana Noela Tui Williams must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5416668?

Cleaning: $172.88 awarded to landlord; Rent Arrears: $75.43 awarded to landlord; Walls: $704.25 awarded to landlord

What type of tenancy dispute was case 5416668?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 5416668?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13386156-Tenancy_Tribunal_Order.pdf.

59B Williams Street, Marewa, Napier 4110 Tenancy Tribunal Case 5416668 — Property damage

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59B Williams Street, Marewa, Napier 4110 Tenancy Tribunal Case 5416668 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5416668 — net $952.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 August 2025	$75.43	Rent arrears to 7 August 2025
Cleaning: Oven	$172.88	Cleaning: Oven
Repairs: Walls	$704.25	Repairs: Walls
Net award	$952.56
Total payable by Tenant to Landlord	$952.56

Claims and awards for application 5416668 — net $952.56 NZD. Verify on MoJ.

Rent arrears to 7 August 2025

Amount: $75.43
Awarded to: Landlord
Reason: Rent arrears to 7 August 2025

Cleaning: Oven

Amount: $172.88
Awarded to: Landlord
Reason: Cleaning: Oven

Repairs: Walls

Amount: $704.25
Awarded to: Landlord
Reason: Repairs: Walls

Net award

Landlord $952.56

Total payable by Tenant to Landlord

Landlord $952.56

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage

Order

Horiana Noela Tui Williams must pay Kāinga Ora–Homes and Communities $952.56 immediately, as calculated in the table below:

Reasons

The landlord attended the 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 7 August 2025. The landlord provided rent records that prove the amount owing of $75.43 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 oven was not cleaned at the end of the tenancy and required further cleaning at a cost of $172.88. Photographs and evidence of the cost have been provided in support of the claim.
On review of the evidence, I am satisfied that the tenant did not leave the premises reasonably clean and tidy.
The amount ordered is 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 claims for several holes made in the walls throughout the property, that required plastering and painting. In some cases the plastering repairs done by the tenant required repair. Photographs and evidence of cost have been provided, and the landlord claims $704.25 for the repair work.
The following damage was caused during the tenancy: Damage to walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved. R Harvey-Lane 01 April 2026

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5416668 — net $952.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 August 2025	$75.43	Rent arrears to 7 August 2025
Cleaning: Oven	$172.88	Cleaning: Oven
Repairs: Walls	$704.25	Repairs: Walls
Net award	$952.56
Total payable by Tenant to Landlord	$952.56

Claims and awards for application 5416668 — net $952.56 NZD. Verify on MoJ.

Rent arrears to 7 August 2025

Amount: $75.43
Awarded to: Landlord
Reason: Rent arrears to 7 August 2025

Cleaning: Oven

Amount: $172.88
Awarded to: Landlord
Reason: Cleaning: Oven

Repairs: Walls

Amount: $704.25
Awarded to: Landlord
Reason: Repairs: Walls

Net award

Landlord $952.56

Total payable by Tenant to Landlord

Landlord $952.56

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage

Order

Horiana Noela Tui Williams must pay Kāinga Ora–Homes and Communities $952.56 immediately, as calculated in the table below:

Reasons

The landlord attended the 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 7 August 2025. The landlord provided rent records that prove the amount owing of $75.43 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 oven was not cleaned at the end of the tenancy and required further cleaning at a cost of $172.88. Photographs and evidence of the cost have been provided in support of the claim.
On review of the evidence, I am satisfied that the tenant did not leave the premises reasonably clean and tidy.
The amount ordered is 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 claims for several holes made in the walls throughout the property, that required plastering and painting. In some cases the plastering repairs done by the tenant required repair. Photographs and evidence of cost have been provided, and the landlord claims $704.25 for the repair work.
The following damage was caused during the tenancy: Damage to walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved. R Harvey-Lane 01 April 2026

Tenancy Tribunal case 5416668 — Property damage at 59B Williams Street, Marewa, Napier 4110

At a glance

Tenancy Tribunal case 5416668 — Property damage at 59B Williams Street, Marewa, Napier 4110

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions