Tenantcheck Insights · Case study
Tenancy Tribunal case 5418068 — Property damage at 14 Forbury Place, Mangere, Auckland 2022
Decided 7 April 2026 · Published 7 April 2026 · Application 5418068
Landlord favoured
- Property damage
- Cleanliness
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
J Northwood
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $6,681.48
- Total balance for Tenant to pay Landlord
- $6,459.48
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 24 October 2025 | $70.29 | Rent arrears to 24 October 2025 | |
| Rubbish removal: Interior | $2,134.73 | Rubbish removal: Interior | |
| Rubbish removal: Exterior (1x | $268.88 | Rubbish removal: Exterior (1x | |
| Rubbish removal: Exterior (2x | $896.25 | Rubbish removal: Exterior (2x | |
| Tyre removal | $55.11 | Tyre removal | |
| Lawns and Garden work | $620.00 | Lawns and Garden work | |
| Cleaning | $692.75 | Cleaning | |
| Oven/stove cleaning | $165.86 | Oven/stove cleaning | |
| Cleaning: Rangehood | $48.45 | Cleaning: Rangehood | |
| Cleaning: kitchen cupboards | $104.26 | Cleaning: kitchen cupboards | |
| Curtain Track repairs | $57.90 | Curtain Track repairs | |
| Replastering holes laundry wall and bedroom door | $171.86 | Replastering holes laundry wall and bedroom door | |
| Repairs: Replace kitchen drawers | $456.14 | Repairs: Replace kitchen drawers | |
| Replacement carpet, lounge, bedroom 1 bedroom 2, hallway | $939.00 | Replacement carpet, lounge, bedroom 1 bedroom 2, hallway | |
| Net award | $6,459.48 | ||
| Total payable by Tenant to Landlord | $6,459.48 |
Claims and awards for application 5418068 — net $6,459.48 NZD. Verify on MoJ.
Rent arrears to 24 October 2025
- Amount
- $70.29
- Awarded to
- Landlord
- Reason
- Rent arrears to 24 October 2025
Rubbish removal: Interior
- Amount
- $2,134.73
- Awarded to
- Landlord
- Reason
- Rubbish removal: Interior
Rubbish removal: Exterior (1x
- Amount
- $268.88
- Awarded to
- Landlord
- Reason
- Rubbish removal: Exterior (1x
Rubbish removal: Exterior (2x
- Amount
- $896.25
- Awarded to
- Landlord
- Reason
- Rubbish removal: Exterior (2x
Tyre removal
- Amount
- $55.11
- Awarded to
- Landlord
- Reason
- Tyre removal
Lawns and Garden work
- Amount
- $620.00
- Awarded to
- Landlord
- Reason
- Lawns and Garden work
Cleaning
- Amount
- $692.75
- Awarded to
- Landlord
- Reason
- Cleaning
Oven/stove cleaning
- Amount
- $165.86
- Awarded to
- Landlord
- Reason
- Oven/stove cleaning
Cleaning: Rangehood
- Amount
- $48.45
- Awarded to
- Landlord
- Reason
- Cleaning: Rangehood
Cleaning: kitchen cupboards
- Amount
- $104.26
- Awarded to
- Landlord
- Reason
- Cleaning: kitchen cupboards
Curtain Track repairs
- Amount
- $57.90
- Awarded to
- Landlord
- Reason
- Curtain Track repairs
Replastering holes laundry wall and bedroom door
- Amount
- $171.86
- Awarded to
- Landlord
- Reason
- Replastering holes laundry wall and bedroom door
Repairs: Replace kitchen drawers
- Amount
- $456.14
- Awarded to
- Landlord
- Reason
- Repairs: Replace kitchen drawers
Replacement carpet, lounge, bedroom 1 bedroom 2, hallway
- Amount
- $939.00
- Awarded to
- Landlord
- Reason
- Replacement carpet, lounge, bedroom 1 bedroom 2, hallway
Net award
Landlord $6,459.48
Total payable by Tenant to Landlord
Landlord $6,459.48
Claim types — money lines allowed on this order
Order
- Alisha Rita Pihema must pay Kāinga Ora–Homes and Communities $6,459.48 immediately, being rent arrears to 24 October 2025 and compensation, as calculated and set out below: DescriptionLandlord Rent arrears to 24 October 2025$70.29 Rubbish removal: Interior$2,134.73 Rubbish removal: Exterior (1x)$268.88 Rubbish removal: Exterior (2x)$896.25 Tyre removal$55.11 Lawns and Garden work$620.00 Cleaning$692.75 Oven/stove cleaning$165.86 Cleaning: Rangehood$48.45 Cleaning: kitchen cupboards$104.26 Curtain Track repairs$57.90 Replastering holes laundry wall and bedroom door$171.86 Repairs: Replace kitchen drawers$456.14 Replacement carpet, lounge, bedroom 1 bedroom 2, hallway $939.00 Total award$6,681.48 Minus Bond-$222.00 Total payable by Tenant to Landlord$6,459.48
- The Bond Centre is to pay the bond of $222.00 (3026152-002) to Kāinga Ora– Homes and Communities immediately.
Reasons
- The landlord attended the hearing, the tenant did not attend. The tenant was served with a notice of hearing and has not communicated with the Tribunal seeking an adjournment. I am proceeding with the hearing in the absence of the tenant.
- The landlord has applied for rent arrears, compensation, and refund of the bond following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 24 October 2025. The landlord provided rent records which prove the amount of $70.29 owing at the end of the tenancy.
- I am satisfied that the landlord has proven their claim for rent arrears.
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 reasonably clean and tidy and did not remove all rubbish.
- The landlord provided the Tribunal with a pre let and exit inspection report and photos. The photos show that the property was left in a very dirty condition. The interior and exterior of the property were covered with rubbish and discarded furniture, tyres, and possessions. The lawns were so overgrown that the grass had to be slashed before it could be mowed.
- The landlord provided the Tribunal with invoices for the costs of removing the rubbish, including the tyres from under the house and rubbish inside house and shed and exterior. The full cost of all of this was $3354.97.
- The cleaning costs are $1011.32 for the full house, kitchen cupboards, stove and rangehood clean.
- The lawns were grossly overgrown. The lawns had to be slashed before they could be mown. The cost of the lawns was $620.00.
- I am satisfied that the landlord has proven their claims for the cleaning, rubbish removal and lawn mowing costs.
- 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 following damage was caused during the tenancy: -Carpets were heavily stained and fire damaged beyond repair. -Holes in the laundry wall and bedroom door. -Curtain tracks were damaged in the lounge. -Kitchen cupboard drawers were missing.
- The landlord provided the pre let inspection report and photos and the exit inspection and photos.
- The carpets in bedrooms 1, and 2, the lounge and hallway were damaged and stained beyond repairs. The carpets in bedroom 1 were only 2 years old. The kitchen drawers were missing and had to be replaced. The wall in the laundry had two holes in it and the bedroom door was damaged with what looked like a punch hole. The landlord has had to have the wall and door replastered and repainted. The curtain tracks in the lounge were snapped off and broken.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- I am satisfied that the landlord has proven their claim for the damage. The carpets were replaced, and the landlord has taken depreciation off the costs sought. The carpet costs, minus depreciation were $939.00, the curtain track was $57.90, the hole repairs were $171.86 and the cupboard drawer replacement were $456.14.
- I am satisfied that the landlord has proven their claims for the damage to the property.
- The amounts ordered are proved.
- The bond centre is to refund the bond to the landlord to offset the debt owed by the tenant to the landlord.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s1, s40(1), s40(2), s49B, 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 5418068?
The tribunal order states: Alisha Rita Pihema must pay Kāinga Ora–Homes and Communities $6,459.48
How much money was awarded in case 5418068?
Cleaning: $692.75 awarded to landlord; Cleaning: $165.86 awarded to landlord; Cleaning: $104.26 awarded to landlord; Cleaning: $48.45 awarded to landlord; Lawns and Garden Work: $620.00 awarded to landlord; Property Damage: $57.90 awarded to landlord; Property Damage: $939.00 awarded to landlord; Rent Arrears: $70.29 awarded to landlord; Replace Kitchen Drawers: $456.14 awarded to landlord; Replastering Holes Laundry Wall And…: $171.86 awarded to landlord; Rubbish Removal: $268.88 awarded to landlord; Rubbish Removal: $896.25 awarded to landlord; Rubbish Removal: $2,134.73 awarded to landlord; Tyre Removal: $55.11 awarded to landlord
What type of tenancy dispute was case 5418068?
The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.
Where can I read the official tribunal order for case 5418068?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13400849-Tenancy_Tribunal_Order.pdf.