What was Tenancy Tribunal case 5419199 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Kāinga Ora–Homes And Communities $1,183.83,

How much money was awarded in case 5419199?

Cleaning: $448.06 awarded to landlord; Cleaning: $104.26 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Rent Arrears: $13.44 awarded to landlord; Bath Wet Lining (Amended: $200.00 awarded to landlord; Rehanging Of Bathroom Vanity Door: $32.49 awarded to landlord; Toilet Roll Holder: $30.64 awarded to landlord; Towel Rail: $49.73 awarded to landlord; Property Damage: $240.96 awarded to landlord; Rubbish Removal: $179.25 awarded to landlord

What type of tenancy dispute was case 5419199?

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

Where can I read the official tribunal order for case 5419199?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14057929-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5419199 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Kāinga Ora–Homes And Communities $1,183.83,

How much money was awarded in case 5419199?

Cleaning: $448.06 awarded to landlord; Cleaning: $104.26 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Rent Arrears: $13.44 awarded to landlord; Bath Wet Lining (Amended: $200.00 awarded to landlord; Rehanging Of Bathroom Vanity Door: $32.49 awarded to landlord; Toilet Roll Holder: $30.64 awarded to landlord; Towel Rail: $49.73 awarded to landlord; Property Damage: $240.96 awarded to landlord; Rubbish Removal: $179.25 awarded to landlord

What type of tenancy dispute was case 5419199?

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

Where can I read the official tribunal order for case 5419199?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14057929-Tenancy_Tribunal_Order.pdf.

221 Preston Road, Otara, Auckland 2023 Tenancy Tribunal Case 5419199 — Property damage

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221 Preston Road, Otara, Auckland 2023 Tenancy Tribunal Case 5419199 — 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 5419199 — net $1,183.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$13.44	Rent arrears
Repairs: Toilet roll holder	$30.64	Repairs: Toilet roll holder
Repairs: Towel rail	$49.73	Repairs: Towel rail
Repairs: Rehanging of bathroom vanity door	$32.49	Repairs: Rehanging of bathroom vanity door
Repairs: Wall repairs x4	$240.96	Repairs: Wall repairs x4
Repairs: Bath wet lining (amended	$200.00	Repairs: Bath wet lining (amended
Cleaning	$448.06	Cleaning
Cleaning: Kitchen cupboards	$104.26	Cleaning: Kitchen cupboards
Rubbish removal: (amended	$179.25	Rubbish removal: (amended
Lawns and Garden work: Lawnmowing	$100.00	Lawns and Garden work: Lawnmowing
Net award	$1,183.83
Total payable by Tenant to Landlord	$1,183.83

Claims and awards for application 5419199 — net $1,183.83 NZD. Verify on MoJ.

Rent arrears

Amount: $13.44
Awarded to: Landlord
Reason: Rent arrears

Repairs: Toilet roll holder

Amount: $30.64
Awarded to: Landlord
Reason: Repairs: Toilet roll holder

Repairs: Towel rail

Amount: $49.73
Awarded to: Landlord
Reason: Repairs: Towel rail

Repairs: Rehanging of bathroom vanity door

Amount: $32.49
Awarded to: Landlord
Reason: Repairs: Rehanging of bathroom vanity door

Repairs: Wall repairs x4

Amount: $240.96
Awarded to: Landlord
Reason: Repairs: Wall repairs x4

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Kāinga Ora–Homes And Communities $1,183.83, calculated as shown in table below.
The Bond Centre is to pay the bond of $215.00 (X90042601) to Kāinga Ora– Homes And Communities immediately.
The tenant must pay the debt of $1,183.83 at the rate of $40.00 per fortnight, with the first payment on Friday 28 August 2026 and continuing every fortnight until the debt is paid in full.
If the tenant fails to make any payment within 5 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

Both parties attended the hearing via remote video and telephone conference.
The landlord has applied for rent arrears, compensation and refund of the bond following the end of the tenancy.
The tenancy started on or about 29 January 1999 and ended on 7 November 2025.

How much is owed for rent?

The tenancy ended on 7 November 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Having sighted the landlord’s rent evidence I am satisfied that the tenant is responsible for the small rent debt of $13.44.

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 landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord also had to have the lawns mowed at the end of the tenancy.
The landlord provided comprehensive photograph evidence, along with an expense schedule in support of the amounts claimed.
The tenant did not dispute the claims.
The landlord amended the amount claimed for rubbish removal during the hearing.
The amounts ordered are established.

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: a. Toilet roll holder b. Towel rail c. Bathroom vanity cabinet door repair d. Wall repairs: toilet wall, toilet door, living room, bedroom 1 and bedroom 2 e. Wet lining above bath (amended)
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided comprehensive photographic evidence in support of the damage claims. The landlord amended the amount claimed for damage to the wet lining above the bath. Having considered the photographic evidence and the landlord’s expense claims filed in support I am satisfied that the tenant is responsible for the amounts claimed.
The amounts ordered are established and ordered accordingly.
The claims for carpet patch repair and fence repairs are withdrawn.
The landlord does not seek reimbursement of the filing fee.

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 5419199 — net $1,183.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$13.44	Rent arrears
Repairs: Toilet roll holder	$30.64	Repairs: Toilet roll holder
Repairs: Towel rail	$49.73	Repairs: Towel rail
Repairs: Rehanging of bathroom vanity door	$32.49	Repairs: Rehanging of bathroom vanity door
Repairs: Wall repairs x4	$240.96	Repairs: Wall repairs x4
Repairs: Bath wet lining (amended	$200.00	Repairs: Bath wet lining (amended
Cleaning	$448.06	Cleaning
Cleaning: Kitchen cupboards	$104.26	Cleaning: Kitchen cupboards
Rubbish removal: (amended	$179.25	Rubbish removal: (amended
Lawns and Garden work: Lawnmowing	$100.00	Lawns and Garden work: Lawnmowing
Net award	$1,183.83
Total payable by Tenant to Landlord	$1,183.83

Claims and awards for application 5419199 — net $1,183.83 NZD. Verify on MoJ.

Rent arrears

Amount: $13.44
Awarded to: Landlord
Reason: Rent arrears

Repairs: Toilet roll holder

Amount: $30.64
Awarded to: Landlord
Reason: Repairs: Toilet roll holder

Repairs: Towel rail

Amount: $49.73
Awarded to: Landlord
Reason: Repairs: Towel rail

Repairs: Rehanging of bathroom vanity door

Amount: $32.49
Awarded to: Landlord
Reason: Repairs: Rehanging of bathroom vanity door

Repairs: Wall repairs x4

Amount: $240.96
Awarded to: Landlord
Reason: Repairs: Wall repairs x4

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Kāinga Ora–Homes And Communities $1,183.83, calculated as shown in table below.
The Bond Centre is to pay the bond of $215.00 (X90042601) to Kāinga Ora– Homes And Communities immediately.
The tenant must pay the debt of $1,183.83 at the rate of $40.00 per fortnight, with the first payment on Friday 28 August 2026 and continuing every fortnight until the debt is paid in full.
If the tenant fails to make any payment within 5 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

Both parties attended the hearing via remote video and telephone conference.
The landlord has applied for rent arrears, compensation and refund of the bond following the end of the tenancy.
The tenancy started on or about 29 January 1999 and ended on 7 November 2025.

How much is owed for rent?

The tenancy ended on 7 November 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Having sighted the landlord’s rent evidence I am satisfied that the tenant is responsible for the small rent debt of $13.44.

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 landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord also had to have the lawns mowed at the end of the tenancy.
The landlord provided comprehensive photograph evidence, along with an expense schedule in support of the amounts claimed.
The tenant did not dispute the claims.
The landlord amended the amount claimed for rubbish removal during the hearing.
The amounts ordered are established.

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: a. Toilet roll holder b. Towel rail c. Bathroom vanity cabinet door repair d. Wall repairs: toilet wall, toilet door, living room, bedroom 1 and bedroom 2 e. Wet lining above bath (amended)
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided comprehensive photographic evidence in support of the damage claims. The landlord amended the amount claimed for damage to the wet lining above the bath. Having considered the photographic evidence and the landlord’s expense claims filed in support I am satisfied that the tenant is responsible for the amounts claimed.
The amounts ordered are established and ordered accordingly.
The claims for carpet patch repair and fence repairs are withdrawn.
The landlord does not seek reimbursement of the filing fee.

Tenancy Tribunal case 5419199 — Property damage at 221 Preston Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5419199 — Property damage at 221 Preston Road, Otara, Auckland 2023

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

Reduce avoidable tribunal risk with proper tenant checks.

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

Reduce avoidable tribunal risk with proper tenant checks.