Tenantcheck Insights · Case study
Tenancy Tribunal case 5429500 — Property damage at 31A Marr Road, Manurewa, Auckland 2102
Decided 17 Jun 2026 · Published 17 Jun 2026 · Application 5429500
Landlord favoured
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
T Prowse
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,171.19
- Total balance for Tenant to pay Landlord
- $4,171.19
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Cleaning | $618.06 | Cleaning | |
| Rubbish removal | $2,134.73 | Rubbish removal | |
| Lawns and Garden work | $350.00 | Lawns and Garden work | |
| Repairs: 6x hole patches | $240.96 | Repairs: 6x hole patches | |
| Repairs: Doorsx2, door jambs and locks |
Order
- Blair Onawa Orenda MacKay must pay Kāinga Ora–Homes And Communities $4,171.19 immediately, calculated as shown in table below.
Reasons
- Ms Grey for the landlord attended today’s video hearing. The tenant did not attend via video link or call in to the hearing. The tenant was called on the number she provided the landlord with at the end of her tenancy, but that number was answered by someone who said that they did not know the tenant.
- The tenant was also called on the number in the tenancy agreement, but that call was not answered.
- I am satisfied that the tenant was given notice of today’s hearing and have proceeded in her absence.
- The landlord has applied for rent compensation for damages, cleaning lawnmowing and repairs to the property following the end of the tenancy.
- At the beginning of today’s hearing the landlord withdrew their claim for rent arrears and some of the damages claims.
- This was a tenancy of only 17 months. The tenant gave notice to end the tenancy, and the tenancy ended on the 2 December 2025.
- The landlord conducted an inspection on the 2 December 2025. Shortly before the tenancy ended the landlord had conducted a routine inspection (14 November 2025) and both the routine and final inspection photos were provided to the Tribunal in evidence.
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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. The photographs in the final inspection report show a property that has been left ‘as is’. Much of the property is the same or a worse state than it was in the inspection of the 14 November. The tenant appears to have simply removed what she has wanted and made no attempt to clean the property or remove her rubbish.
- I am satisfied that the landlord had to clean the property and remove the considerable amount of rubbish and old belongings left behind by the tenant. I am satisfied that the amounts claimed are reasonable for the work that was done to remedy the breach and award those amounts to the landlord.
- I am also satisfied that the tenant did not mow her lawns for a long period of time. In the inspection of the 14 November the lawns are very overgrown and no attempt to cut them has been made at the end of the tenancy. The backyard is large, and I am satisfied that the lawns would need to be slashed then mown to restore them to a reasonable condition.
- 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.
- The following damage was caused during the tenancy: • Holes in the wall/ceiling - in the living room ceiling, dining room ceiling and wall, bedroom 1 wall, and two holes in bedroom 2. • Two doors (in both bedrooms) that needed replacement, a door jamb needed replacement in bedroom 2 and new lock and doorknob. • Two broken windows – one in the laundry and the other in the dining room.
- 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 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.
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)
Key findings
- Dispute theme: cleaning
- Dispute theme: property damage
Property management
- Kāinga Ora–Homes and Communities (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5429500?
The tribunal order states: Blair Onawa Orenda MacKay must pay Kāinga Ora–Homes And Communities
How much money was awarded in case 5429500?
Cleaning: $618.06 awarded to landlord; Lawns and Garden Work: $350.00 awarded to landlord; Property Damage: $238.14 awarded to landlord; 6x Hole Patches: $240.96 awarded to landlord; Doorsx2, Door Jambs And Locks: $589.30 awarded to landlord; Rubbish Removal: $2,134.73 awarded to landlord
What type of tenancy dispute was case 5429500?
The primary dispute was Property damage. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5429500?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13759906-Tenancy_Tribunal_Order.pdf.