What was Tenancy Tribunal case 5428570 about?

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

How much money was awarded in case 5428570?

Cleaning: $172.88 awarded to landlord; Lawns and Garden Work: $597.29 awarded to landlord; Rent Arrears: $882.42 awarded to landlord; Door Frame: $949.92 awarded to landlord; Holes In Walls: $376.30 awarded to landlord; Rubbish Removal: $7,931.80 awarded to landlord

What type of tenancy dispute was case 5428570?

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

Where can I read the official tribunal order for case 5428570?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13435987-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5428570 about?

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

How much money was awarded in case 5428570?

Cleaning: $172.88 awarded to landlord; Lawns and Garden Work: $597.29 awarded to landlord; Rent Arrears: $882.42 awarded to landlord; Door Frame: $949.92 awarded to landlord; Holes In Walls: $376.30 awarded to landlord; Rubbish Removal: $7,931.80 awarded to landlord

What type of tenancy dispute was case 5428570?

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

Where can I read the official tribunal order for case 5428570?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13435987-Tenancy_Tribunal_Order.pdf.

32 Bennett Street, Gonville, Whanganui 4501 Tenancy Tribunal Case 5428570 — Property damage

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32 Bennett Street, Gonville, Whanganui 4501 Tenancy Tribunal Case 5428570 — 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 5428570 — net $10,910.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$882.42	Rent arrears
Lawns and Garden work	$597.29	Lawns and Garden work
Rubbish removal	$7,931.80	Rubbish removal
Cleaning	$172.88	Cleaning
Repairs: door frame	$949.92	Repairs: door frame
Repairs: holes in walls	$376.30	Repairs: holes in walls
Net award	$10,910.61
Total payable by Tenant to Landlord	$10,910.61

Claims and awards for application 5428570 — net $10,910.61 NZD. Verify on MoJ.

Rent arrears

Amount: $882.42
Awarded to: Landlord
Reason: Rent arrears

Lawns and Garden work

Amount: $597.29
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $7,931.80
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $172.88
Awarded to: Landlord
Reason: Cleaning

Repairs: door frame

Amount: $949.92
Awarded to: Landlord
Reason: Repairs: door frame

Repairs: holes in walls

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $10,910.61 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for rent arrears and compensation following the end of the tenancy.
The landlord provided a copy of a letter from the tenant in which she said that she agreed to the landlord disposing of everything and she knew she would be charged for it.

How much is owed for rent?

The tenancy ended on 8 December 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $882.42.

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 and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord provided photographs showing that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish, which was extensive.
There was a makeshift shed that needed to be removed and the lawns were very high.
The landlord submitted a maintenance work order schedule showing the amounts ordered. There were two amounts for lawn mowing. The one for $200 was discounted, leaving $597.80.
The rubbish removal for inside and out came to $5855.20. The shed removal was $2,076.60.
The only cleaning claimed was for the oven and stove which had not been cleaned.
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.
Although the landlord did not provide copies of entry inspection report, I note that the tenancy lasted over 11 years and it is very unlikely that the landlord let the property out in the state that it was left in.
The photographs show small holes in the walls in the entry hallway and bedroom. There is considerable damage to one door frame.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered as listed in the schedule are proved.
I have taken 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 have taken into account 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 5428570 — net $10,910.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$882.42	Rent arrears
Lawns and Garden work	$597.29	Lawns and Garden work
Rubbish removal	$7,931.80	Rubbish removal
Cleaning	$172.88	Cleaning
Repairs: door frame	$949.92	Repairs: door frame
Repairs: holes in walls	$376.30	Repairs: holes in walls
Net award	$10,910.61
Total payable by Tenant to Landlord	$10,910.61

Claims and awards for application 5428570 — net $10,910.61 NZD. Verify on MoJ.

Rent arrears

Amount: $882.42
Awarded to: Landlord
Reason: Rent arrears

Lawns and Garden work

Amount: $597.29
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $7,931.80
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $172.88
Awarded to: Landlord
Reason: Cleaning

Repairs: door frame

Amount: $949.92
Awarded to: Landlord
Reason: Repairs: door frame

Repairs: holes in walls

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Rent arrears Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $10,910.61 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for rent arrears and compensation following the end of the tenancy.
The landlord provided a copy of a letter from the tenant in which she said that she agreed to the landlord disposing of everything and she knew she would be charged for it.

How much is owed for rent?

The tenancy ended on 8 December 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $882.42.

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 and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord provided photographs showing that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish, which was extensive.
There was a makeshift shed that needed to be removed and the lawns were very high.
The landlord submitted a maintenance work order schedule showing the amounts ordered. There were two amounts for lawn mowing. The one for $200 was discounted, leaving $597.80.
The rubbish removal for inside and out came to $5855.20. The shed removal was $2,076.60.
The only cleaning claimed was for the oven and stove which had not been cleaned.
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.
Although the landlord did not provide copies of entry inspection report, I note that the tenancy lasted over 11 years and it is very unlikely that the landlord let the property out in the state that it was left in.
The photographs show small holes in the walls in the entry hallway and bedroom. There is considerable damage to one door frame.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered as listed in the schedule are proved.
I have taken 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 have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 5428570 — Property damage at 32 Bennett Street, Gonville, Whanganui 4501

At a glance

Tenancy Tribunal case 5428570 — Property damage at 32 Bennett Street, Gonville, Whanganui 4501

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