Tenantcheck Insights · Case study
Tenancy Tribunal case 5421587 — Property damage at 61A Sabulite Road, Kelston, Auckland 0602
Decided 7 April 2026 · Published 7 April 2026 · Application 5421587
Landlord favoured
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
M Pollak
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $2,720.41
- Total balance for Tenant to pay Landlord
- $2,514.87
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Historical damages costs owing | $486.69 | Historical damages costs owing | |
| Repair and paint walls (interior | $252.05 | Repair and paint walls (interior | |
| Replace carpet | $287.00 | Replace carpet | |
| Replace bedroom door | $217.01 | Replace bedroom door | |
| Rubbish removal | $1,074.89 | Rubbish removal | |
| Lawns | $300.00 | Lawns | |
| Rent overpayment | $102.77 | Rent overpayment | |
| Total award | $2,617.64 | $102.77 | |
| Net award | $2,514.87 | ||
| Total payable by Tenant to Landlord | $2,514.87 |
Claims and awards for application 5421587 — net $2,514.87 NZD. Verify on MoJ.
Historical damages costs owing
- Amount
- $486.69
- Awarded to
- Landlord
- Reason
- Historical damages costs owing
Repair and paint walls (interior
- Amount
- $252.05
- Awarded to
- Landlord
- Reason
- Repair and paint walls (interior
Replace carpet
- Amount
- $287.00
- Awarded to
- Landlord
- Reason
- Replace carpet
Replace bedroom door
- Amount
- $217.01
- Awarded to
- Landlord
- Reason
- Replace bedroom door
Rubbish removal
- Amount
- $1,074.89
- Awarded to
- Landlord
- Reason
- Rubbish removal
Lawns
- Amount
- $300.00
- Awarded to
- Landlord
- Reason
- Lawns
Rent overpayment
- Amount
- $102.77
- Awarded to
- Tenant
- Reason
- Rent overpayment
Total award
Landlord $2,617.64 · Tenant $102.77
Net award
Landlord $2,514.87
Total payable by Tenant to Landlord
Landlord $2,514.87
Claim types — money lines allowed on this order
Order
- Rita Julie-Anne Ranapia must pay Kāinga Ora–Homes And Communities $2,514.87 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 following the end of the tenancy. Service of notice of hearing on tenant
- The tenancy ended on 28 October 2025, after the tenant gave notice to end her tenancy.
- The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 5 January 2026.
- Section 91A of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf” or (e)if the landlord files the application no later than 2 years after the termination of the tenancy to which it relates, by transmission to an email address given by the tenant as an address for service; or (f)if the landlord files the application more than 2 years after the termination of the tenancy to which it relates, by transmission to an email address that the tenant has used to communicate with the landlord, or otherwise supplied to the landlord in writing, within the 2 years before the application”.
- The landlord gave evidence that: a. It has a new address for the tenant at another Kāinga Ora–Homes And Communities property. The Tribunal has been provided evidence of the new tenancy and updated contact details including a new physical and email address for service; b. There was no email address for service provided on the original tenancy agreement, but there was an email address provided the landlord has used to communicate with the tenant during the tenancy; c. There was no mobile phone number for service provided on the original tenancy agreement, but there was a mobile number provided the landlord has used to communicate with the tenant during the tenancy; d. The tenant has not provided the landlord with a solicitor or other agent of the tenant that she has duly authorised to receive service on her behalf;
- I am satisfied all reasonable efforts have been made to serve the notice or other document on the tenant in accordance with the RTA.
How much is owed for rent?
- The tenancy ended on 28 October 2025. The landlord provided rent records which prove the overpayment 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 landlord has proven the following damage was caused during the tenancy because of the careless acts or omissions of the tenant or persons in the premise with her consent:
- Repair and paint internal walls throughout the house;
- Replace carpet; and
- Replace bedroom door.
- 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.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B, s49B(1), s49B(3), s49B(3A), s91A
Key findings
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5421587?
The tribunal order states: Rita Julie-Anne Ranapia must pay Kāinga Ora–Homes And Communities
How much money was awarded in case 5421587?
Lawns: $300.00 awarded to landlord; Property Damage: $486.69 awarded to landlord; Property Damage: $252.05 awarded to landlord; Rent Overpayment: $102.77 awarded to tenant; Replace Bedroom Door: $217.01 awarded to landlord; Replace Carpet: $287.00 awarded to landlord; Rubbish Removal: $1,074.89 awarded to landlord
What type of tenancy dispute was case 5421587?
The primary dispute was Property damage.
Where can I read the official tribunal order for case 5421587?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13400911-Tenancy_Tribunal_Order.pdf.