Tenantcheck Insights · Case study
Tenancy Tribunal case 5422860 — Property damage at 8 Cobb Place, Highbury, Palmerston North 4412
Published 13 April 2026 · Application 5422860
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Palmerston North
Tribunal region
Adjudicator
N Bradley
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $2,782.54
- Total balance for Tenant to pay Landlord
- $2,782.54
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Lawns and Garden work | $682.06 | Lawns and Garden work | |
| Rubbish removal: tyre | $35.46 | Rubbish removal: tyre | |
| Repairs: gate | $780.69 | Repairs: gate | |
| Repairs: fence | $60.65 | Repairs: fence | |
| Cleaning: shed/garage | $42.09 | Cleaning: shed/garage | |
| Cleaning: house | $485.04 | Cleaning: house | |
| Window repairs | $402.36 | Window repairs | |
| Repairs: rangehood filter | $66.36 | Repairs: rangehood filter | |
| Cleaning: kitchen | $108.68 | Cleaning: kitchen | |
| Repairs: Laundry ceiling manhole | $119.15 | Repairs: Laundry ceiling manhole | |
| Net award | $2,782.54 | ||
| Total payable by Tenant to Landlord | $2,782.54 |
Claims and awards for application 5422860 — net $2,782.54 NZD. Verify on MoJ.
Lawns and Garden work
- Amount
- $682.06
- Awarded to
- Landlord
- Reason
- Lawns and Garden work
Rubbish removal: tyre
- Amount
- $35.46
- Awarded to
- Landlord
- Reason
- Rubbish removal: tyre
Repairs: gate
- Amount
- $780.69
- Awarded to
- Landlord
- Reason
- Repairs: gate
Repairs: fence
- Amount
- $60.65
- Awarded to
- Landlord
- Reason
- Repairs: fence
Cleaning: shed/garage
- Amount
- $42.09
- Awarded to
- Landlord
- Reason
- Cleaning: shed/garage
Cleaning: house
- Amount
- $485.04
- Awarded to
- Landlord
- Reason
- Cleaning: house
Window repairs
- Amount
- $402.36
- Awarded to
- Landlord
- Reason
- Window repairs
Repairs: rangehood filter
- Amount
- $66.36
- Awarded to
- Landlord
- Reason
- Repairs: rangehood filter
Cleaning: kitchen
- Amount
- $108.68
- Awarded to
- Landlord
- Reason
- Cleaning: kitchen
Repairs: Laundry ceiling manhole
- Amount
- $119.15
- Awarded to
- Landlord
- Reason
- Repairs: Laundry ceiling manhole
Net award
Landlord $2,782.54
Total payable by Tenant to Landlord
Landlord $2,782.54
Claim types — money lines allowed on this order
Order
- Aaron James Tukaki must pay Kāinga Ora–Homes And Communities $2,782.54 immediately, calculated as shown in table below.
Reasons
- The landlord attended the remote hearing.
- The tenant did not connect to the remote hearing. The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in his absence.
- The landlord has applied for compensation following the end of the tenancy. Relevant legal considerations
- The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
- With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden. The Law – tenant’s obligations at the end of the tenancy
- At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 1 The Law - Tenants responsibility for damage
- A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 2
- Where a landlord is claiming compensation for damage 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. 3
- 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. 4
- 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 1 See section 40(1)(e) of the RTA. 2 See s 40 (2)(a) of the RTA. 3 See sections 40(2)(a), 41 and 49B RTA. 4 See Taylor v Webb [1937] 2KB 283 (CA). income-related rent). 5 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). 6 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 7
- 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. 8 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. 9
- In assessing a claim for compensation, I must take into account 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Cleaning and rubbish removal
- The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. A significant amount of cleaning and rubbish removal was required.
- The amounts ordered are proved with ingoing and outgoing photographs, a invoiced charges statement and oral evidence. Damage claims
- The following damage was caused during the tenancy: a. The gate and fence was damaged, b. A window was broken, c. A rangehood filter was missing, d. The laundry manhole cover was missing.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. Filing Fee 5 See section 49B(3)(a) RTA. 6 See section 49B(3)(b) RTA. 7 See section 49B(3A)(a) RTA. 8 See section 49B(1) RTA. 9 See Guo v Korck [2019] NZHC 1541.
- The landlord waived the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s15, s4, s40, s40(1), s40(2), s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: property damage
- Dispute theme: cleaning
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5422860?
The tribunal order states: Aaron James Tukaki must pay Kāinga Ora–Homes And Communities $2,782.54
How much money was awarded in case 5422860?
Cleaning: $485.04 awarded to landlord; Cleaning: $108.68 awarded to landlord; Cleaning: $42.09 awarded to landlord; Lawns and Garden Work: $682.06 awarded to landlord; Property Damage: $402.36 awarded to landlord; Fence: $60.65 awarded to landlord; Gate: $780.69 awarded to landlord; Laundry Ceiling Manhole: $119.15 awarded to landlord; Rangehood Filter: $66.36 awarded to landlord; Rubbish Removal: $35.46 awarded to landlord
What type of tenancy dispute was case 5422860?
The primary dispute was Property damage. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5422860?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13432024-Tenancy_Tribunal_Order.pdf.