What was the outcome of Tenancy Tribunal case 5420303?

The tribunal order states: Jolyne Crystal Mokaraka must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5420303?

Cleaning: $104.26 awarded to landlord; Lawns and Garden Work: $250.00 awarded to landlord; Dining Room Window: $106.41 awarded to landlord; Wardrobe Door Bedroom One: $215.95 awarded to landlord; Rubbish Removal: $537.75 awarded to landlord; Rubbish Removal: $2,463.15 awarded to landlord

What type of tenancy dispute was case 5420303?

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

Where can I read the official tribunal order for case 5420303?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13764116-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5420303?

The tribunal order states: Jolyne Crystal Mokaraka must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5420303?

Cleaning: $104.26 awarded to landlord; Lawns and Garden Work: $250.00 awarded to landlord; Dining Room Window: $106.41 awarded to landlord; Wardrobe Door Bedroom One: $215.95 awarded to landlord; Rubbish Removal: $537.75 awarded to landlord; Rubbish Removal: $2,463.15 awarded to landlord

What type of tenancy dispute was case 5420303?

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

Where can I read the official tribunal order for case 5420303?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13764116-Tenancy_Tribunal_Order.pdf.

35B Birdwood Avenue, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 5420303 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5420303 — net $3,279.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$104.26	Cleaning
Rubbish removal: interior	$2,463.15	Rubbish removal: interior
Rubbish removal: exterior	$537.75	Rubbish removal: exterior
Lawns and Garden work	$250.00	Lawns and Garden work
Repairs: dining room window	$106.41	Repairs: dining room window
Repairs: wardrobe door bedroom one	$215.95	Repairs: wardrobe door bedroom one
Net award	$3,279.52
Total payable by Tenant to Landlord	$3,279.52

Ms Davis appeared for the landlord via video. The tenant did not join the video link. I called the tenant on the contact number provided in the application. The call rang out. The matter has proceeded in the tenant’s absence.

The tenancy commenced on 09 June 2021 and was periodic. On 10 October 2025, the tenant gave notice, and the tenancy ended on 07 November 2025.

On 10 November 2025, the landlord conducted an end of tenancy inspection.

On 23 December 2025, the landlord filed the following claim: i. Failure to leave the kitchen cupboards reasonably clean, ii. Rubbish removal (interior and exterior), iii. Failure to leave lawns reasonably tidy, iv. Damage to dining room window and wardrobe door.

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

The landlord claims that the tenant failed to leave the kitchen cupboards reasonably clean, failed to remove rubbish and belongings, and failed to return the lawn in a reasonable condition.

The landlord is claiming $104.26 for cleaning, $2,463.15 for removal of rubbish from the interior, $537.75 for removing rubbish from the exterior, and $250.00 for lawn maintenance.

The property has two bedrooms, a bathroom, a kitchen, a dining / lounge area, a laundry, and an internal garage. 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. See section 40(1)(e)(ii) -(v) Residential Tenancies Act 1986 (Act). Analysis and decision

Based on the photographs, it appears that the tenant vacated the property, removing very few, if any, of their possessions, including beds, furniture, appliances, clothing, food, and household rubbish . It does not appear that any cleaning was completed. The lawns are knee to thigh high in areas.

I am satisfied that the tenant has failed to leave the property reasonably clean and tidy and remove all rubbish.

In the circumstances, the amounts claimed are reasonable and awarded. Damage

The landlord claims that the tenant is responsible for damage to a window in the dining room and a wardrobe door in one of the bedrooms.

The landlord seeks $106.41 to replace the window and $215.95 to repair the door.

The landlord has provided photographs showing the damage, as well as the pre- tenancy inspection report and photographs showing the condition of the damaged areas at the commencement of the tenancy. Law

To succeed with a claim for damage, the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, the tenant must prove, to avoid liability, that they did not carelessly or intentionally cause or permit the damage. See sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986 (Act).

Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. See Taylor v Webb [1937] 2KB 283 (CA).

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) of the Act.

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) of the Act.

Damage is intentional when a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional when a person does something or allows a situation to continue, knowing that damage is certain. See Guo v Korck [2019] NZHC 1541.

In dealing with the issue of carelessness, the question is whether the tenant was exercising a degree of care and attention that a reasonable and prudent tenant would exercise in the circumstances.

Under section 40(1)(d) of the Act, the tenant must notify the landlord, as soon as possible after discovery, of any damage to the premises or of the need for any repairs. A failure to do so may result in the tenant being liable for any subsequent damage.

The test is objective and not based on the subjective opinion of the tenant or landlord.

The Tribunal may award damages for losses arising from a breach that are reasonably foreseeable, that is, a loss that naturally flows from the breach. Losses that do not will be considered too remote.

When awarding compensation for damage, the Tribunal must also consider 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 betterment and depreciation, the Tribunal must consider the age and condition of the items at the start of the tenancy , as well as their estimated useful life. Analysis and decision

I am satisfied that the damage occurred during the tenancy and that it is more than fair wear and tear.

The landlord does not have insurance for damage caused by tenants.

The amounts claimed to repair the damage are reasonable.

Only the damaged areas were repaired, and no deduction for betterment is made.

Reasons

Claims and awards in Tenancy Tribunal application 5420303 — net $3,279.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$104.26	Cleaning
Rubbish removal: interior	$2,463.15	Rubbish removal: interior
Rubbish removal: exterior	$537.75	Rubbish removal: exterior
Lawns and Garden work	$250.00	Lawns and Garden work
Repairs: dining room window	$106.41	Repairs: dining room window
Repairs: wardrobe door bedroom one	$215.95	Repairs: wardrobe door bedroom one
Net award	$3,279.52
Total payable by Tenant to Landlord	$3,279.52