What was Tenancy Tribunal case 5418768 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $1,976.17

How much money was awarded in case 5418768?

Cleaning: $640.13 awarded to landlord; Green Waste Removal: $113.00 awarded to landlord; Rent Arrears: $378.00 awarded to tenant; Holes in walls, bedrooms 1 and 4, lo…: $274.25 awarded to landlord; Kitchen Cupboard Doors: $147.08 awarded to landlord; Rubbish Removal: $1,161.34 awarded to landlord; Tyre Removal: $18.37 awarded to landlord

What type of tenancy dispute was case 5418768?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5418768?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13692407-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5418768 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $1,976.17

How much money was awarded in case 5418768?

Cleaning: $640.13 awarded to landlord; Green Waste Removal: $113.00 awarded to landlord; Rent Arrears: $378.00 awarded to tenant; Holes in walls, bedrooms 1 and 4, lo…: $274.25 awarded to landlord; Kitchen Cupboard Doors: $147.08 awarded to landlord; Rubbish Removal: $1,161.34 awarded to landlord; Tyre Removal: $18.37 awarded to landlord

What type of tenancy dispute was case 5418768?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5418768?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13692407-Tenancy_Tribunal_Order.pdf.

2A Hume Place, Fairfield, Hamilton 3214 Tenancy Tribunal Case 5418768 — Cleanliness

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2A Hume Place, Fairfield, Hamilton 3214 Tenancy Tribunal Case 5418768 — Cleanliness | 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 5418768 — net $1,976.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal (internal and external	$1,161.34		Rubbish removal (internal and external
Green waste removal	$113.00		Green waste removal
Repairs: Holes in walls, bedrooms 1 and 4, lounge and dining rooms	$274.25		Repairs: Holes in walls, bedrooms 1 and 4, lounge and dining rooms
Cleaning: house, kitchen cupboards, shed and garage	$640.13		Cleaning: house, kitchen cupboards, shed and garage
Repairs: kitchen cupboard doors	$147.08		Repairs: kitchen cupboard doors
Tyre removal	$18.37		Tyre removal
Rent arrears to 21 August 2025		$378.00	Rent arrears to 21 August 2025
Total award	$2,354.17	$378.00
Net award	$1,976.17
Total payable by Tenant to Landlord	$1,976.17

Claims and awards for application 5418768 — net $1,976.17 NZD. Verify on MoJ.

Rubbish removal (internal and external

Amount: $1,161.34
Awarded to: Landlord
Reason: Rubbish removal (internal and external

Green waste removal

Amount: $113.00
Awarded to: Landlord
Reason: Green waste removal

Repairs: Holes in walls, bedrooms 1 and 4, lounge and dining rooms

Amount: $274.25
Awarded to: Landlord
Reason: Repairs: Holes in walls, bedrooms 1 and 4, lounge and dining rooms

Cleaning: house, kitchen cupboards, shed and garage

Amount: $640.13
Awarded to: Landlord
Reason: Cleaning: house, kitchen cupboards, shed and garage

Repairs: kitchen cupboard doors

Amount: $147.08
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $1,976.17 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for compensation for damages and cleaning following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 21 August 2025 and the rent ledger was in credit by $378.00. The landlord provided rent records which prove the credit amount owing to the tenant 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. 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 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 evidence provided by the landlord proved damage to the walls in bedrooms 1 and 4, the lounge and dining room and the kitchen cupboards was caused by the tenant’s careless acts or omissions during 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.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.

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 5418768 — net $1,976.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal (internal and external	$1,161.34		Rubbish removal (internal and external
Green waste removal	$113.00		Green waste removal
Repairs: Holes in walls, bedrooms 1 and 4, lounge and dining rooms	$274.25		Repairs: Holes in walls, bedrooms 1 and 4, lounge and dining rooms
Cleaning: house, kitchen cupboards, shed and garage	$640.13		Cleaning: house, kitchen cupboards, shed and garage
Repairs: kitchen cupboard doors	$147.08		Repairs: kitchen cupboard doors
Tyre removal	$18.37		Tyre removal
Rent arrears to 21 August 2025		$378.00	Rent arrears to 21 August 2025
Total award	$2,354.17	$378.00
Net award	$1,976.17
Total payable by Tenant to Landlord	$1,976.17

Claims and awards for application 5418768 — net $1,976.17 NZD. Verify on MoJ.

Rubbish removal (internal and external

Amount: $1,161.34
Awarded to: Landlord
Reason: Rubbish removal (internal and external

Green waste removal

Amount: $113.00
Awarded to: Landlord
Reason: Green waste removal

Repairs: Holes in walls, bedrooms 1 and 4, lounge and dining rooms

Amount: $274.25
Awarded to: Landlord
Reason: Repairs: Holes in walls, bedrooms 1 and 4, lounge and dining rooms

Cleaning: house, kitchen cupboards, shed and garage

Amount: $640.13
Awarded to: Landlord
Reason: Cleaning: house, kitchen cupboards, shed and garage

Repairs: kitchen cupboard doors

Amount: $147.08
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $1,976.17 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for compensation for damages and cleaning following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 21 August 2025 and the rent ledger was in credit by $378.00. The landlord provided rent records which prove the credit amount owing to the tenant 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. 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 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 evidence provided by the landlord proved damage to the walls in bedrooms 1 and 4, the lounge and dining room and the kitchen cupboards was caused by the tenant’s careless acts or omissions during 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.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 5418768 — Cleanliness at 2A Hume Place, Fairfield, Hamilton 3214

At a glance

Tenancy Tribunal case 5418768 — Cleanliness at 2A Hume Place, Fairfield, Hamilton 3214

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

Property management

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

Property management

Frequently asked questions