What was Tenancy Tribunal case 5433489 about?

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

How much money was awarded in case 5433489?

Property Damage: $1,012.00 awarded to landlord; Rent Arrears: $500.29 awarded to landlord; Rubbish Removal: $54.55 awarded to landlord

What type of tenancy dispute was case 5433489?

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

Where can I read the official tribunal order for case 5433489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13486493-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5433489 about?

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

How much money was awarded in case 5433489?

Property Damage: $1,012.00 awarded to landlord; Rent Arrears: $500.29 awarded to landlord; Rubbish Removal: $54.55 awarded to landlord

What type of tenancy dispute was case 5433489?

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

Where can I read the official tribunal order for case 5433489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13486493-Tenancy_Tribunal_Order.pdf.

9F Wellesbourne Street, Palmerston North, Palmerston Tenancy Tribunal Case 5433489 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5433489 — net $1,566.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 December 2025	$500.29	Rent arrears to 24 December 2025
Carpet replacement	$1,012.00	Carpet replacement
Rubbish removal	$54.55	Rubbish removal
Net award	$1,566.84
Total payable by Tenant to Landlord	$1,566.84

The landlord attended the hearing held by video on 22 April 2026. The tenant did not attend the hearing. An attempt was made to join the tenant to the hearing by telephone, but the call went to voicemail.

The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 24 December 2025. The landlord provided rent records which prove the amount owing 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 did not remove all rubbish.

The amount ordered is 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 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 following damage was caused during the tenancy: carpet damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is 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 and awards in Tenancy Tribunal application 5433489 — net $1,566.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 December 2025	$500.29	Rent arrears to 24 December 2025
Carpet replacement	$1,012.00	Carpet replacement
Rubbish removal	$54.55	Rubbish removal
Net award	$1,566.84
Total payable by Tenant to Landlord	$1,566.84

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $1,566.84 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing held by video on 22 April 2026. The tenant did not attend the hearing. An attempt was made to join the tenant to the hearing by telephone, but the call went to voicemail.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 24 December 2025. The landlord provided rent records which prove the amount owing 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 did not remove all rubbish.
The amount ordered is 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 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 following damage was caused during the tenancy: carpet damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is 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 5433489 — Property damage at 9F Wellesbourne Street, Palmerston North, Palmerston

At a glance

Tenancy Tribunal case 5433489 — Property damage at 9F Wellesbourne Street, Palmerston North, Palmerston

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