What was the outcome of Tenancy Tribunal case 5435413?

The tribunal order states: NUUESE SCOTT TULUA and TITILEA'U FA'AMAUSILI must pay Kāinga Ora–

How much money was awarded in case 5435413?

Cleaning: $577.58 awarded to landlord; Cleaning: $104.26 awarded to landlord; Rent Arrears: $106.71 awarded to landlord; Bedroom 5 Holes: $160.64 awarded to landlord; Door Bedroom 5 Priming: $5.48 awarded to landlord; Holes In Hallway, Bedroom 1, 2 & 4: $160.64 awarded to landlord; Patch Toilet Wall Hole: $40.16 awarded to landlord; Rehang Kitchen Cabinet Door: $64.98 awarded to landlord; Replace furnishings: Lay carpet unde…: $118.68 awarded to landlord; Replace Furnishings: Lounge Carpet: $479.13 awarded to landlord; Replace Furnishings: Oven: $395.31 awarded to landlord; Rubbish Removal: $3,943.50 awarded to landlord; Rubbish Removal: $2,791.57 awarded to landlord

What type of tenancy dispute was case 5435413?

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

Where can I read the official tribunal order for case 5435413?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13689032-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5435413?

The tribunal order states: NUUESE SCOTT TULUA and TITILEA'U FA'AMAUSILI must pay Kāinga Ora–

How much money was awarded in case 5435413?

Cleaning: $577.58 awarded to landlord; Cleaning: $104.26 awarded to landlord; Rent Arrears: $106.71 awarded to landlord; Bedroom 5 Holes: $160.64 awarded to landlord; Door Bedroom 5 Priming: $5.48 awarded to landlord; Holes In Hallway, Bedroom 1, 2 & 4: $160.64 awarded to landlord; Patch Toilet Wall Hole: $40.16 awarded to landlord; Rehang Kitchen Cabinet Door: $64.98 awarded to landlord; Replace furnishings: Lay carpet unde…: $118.68 awarded to landlord; Replace Furnishings: Lounge Carpet: $479.13 awarded to landlord; Replace Furnishings: Oven: $395.31 awarded to landlord; Rubbish Removal: $3,943.50 awarded to landlord; Rubbish Removal: $2,791.57 awarded to landlord

What type of tenancy dispute was case 5435413?

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

Where can I read the official tribunal order for case 5435413?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13689032-Tenancy_Tribunal_Order.pdf.

69 Dawson Road, Otara, Auckland 2023 Tenancy Tribunal Case 5435413 — Cleanliness

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69 Dawson Road, Otara, Auckland 2023 Tenancy Tribunal Case 5435413 — Cleanliness | 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 5435413 — net $8,948.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$106.71	Rent arrears
Rubbish removal: Interior	$2,791.57	Rubbish removal: Interior
Rubbish removal: Exterior	$3,943.50	Rubbish removal: Exterior
Cleaning property	$577.58	Cleaning property
Cleaning: Kitchen cupboard	$104.26	Cleaning: Kitchen cupboard
Repairs: Rehang kitchen cabinet door	$64.98	Repairs: Rehang kitchen cabinet door
Replace furnishings: Lounge carpet	$479.13	Replace furnishings: Lounge carpet
Replace furnishings: Lay carpet underlay	$118.68	Replace furnishings: Lay carpet underlay
Repairs: Patch toilet wall hole	$40.16	Repairs: Patch toilet wall hole
Repairs: Holes in hallway, bedroom 1, 2 & 4	$160.64	Repairs: Holes in hallway, bedroom 1, 2 & 4
Repairs: Door bedroom 5 priming	$5.48	Repairs: Door bedroom 5 priming
Repairs: Bedroom 5 holes	$160.64	Repairs: Bedroom 5 holes
Replace furnishings: Oven	$395.31	Replace furnishings: Oven
Net award	$8,948.64
Total payable by Tenant to Landlord	$8,948.64

Claims and awards for application 5435413 — net $8,948.64 NZD. Verify on MoJ.

Rent arrears

Amount: $106.71
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal: Interior

Amount: $2,791.57
Awarded to: Landlord
Reason: Rubbish removal: Interior

Rubbish removal: Exterior

Amount: $3,943.50
Awarded to: Landlord
Reason: Rubbish removal: Exterior

Cleaning property

Amount: $577.58
Awarded to: Landlord
Reason: Cleaning property

Cleaning: Kitchen cupboard

Amount: $104.26
Awarded to: Landlord
Reason: Cleaning: Kitchen cupboard

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage Rubbish Removal

Order

NUUESE SCOTT TULUA and TITILEA'U FA'AMAUSILI must pay Kāinga Ora– Homes And Communities $8,948.64 immediately, being rent arrears to 27 November 2025.

Reasons

The Landlord attended the hearing. The Tenants did not appear.
The Landlord has applied for rent arrears and compensation.
At the hearing, the Landlord withdrew their claim for rehanging the bathroom cabinet door.

How much is owed for rent arrears?

The tenancy ended on 27 November 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 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 Tenant left a substantial amount of rubbish in and outside of the property which included furniture, bags of rubbish, a large speaker wheelbarrows, mattresses, a suitcase, pallets, mats containers and industry vacuums. The outside shed was full of rubbish and the council bins required emptying. There was 17 cubic metres of rubbish inside the property and 22 cubic meters of rubbish outside the property. An exit report was provided which substantiated the claim.
The Tenant also did not clean the house. The walls required cleaning, window sills needed wiping down and the carpets were dirty. It appeared as if no cleaning was attempted. The bathroom was particularly dirty and the kitchen cupboards required scrubbing.
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 following damage was caused during the tenancy: removal of the lounge carpet, staining of the hallway carpet, loose kitchen cabinet door, holes to the hallway, toilet bedroom 1, 2, 4 and 5 walls, bedroom 5 door required painting and priming and the oven stove top was not working due to rust and being burnt through. Entry and exit inspection photographs were provided to substantiate the costs and a work order.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage in relation to the lounge carpet, kitchen and bathroom cabinet doors, holes to the walls, bedroom 5 door and oven,
In relation to the carpet damage to the hallway, the Landlord claimed these were heavily stained to the extent they required replacing however upon perusal of the exit inspection photographs, I did not find the staining to be so extensive it required carpet replacement. The Landlord showed fraying carpet by one bedroom however nothing further to justify replacement of the entire hallway carpet. I also did not see any evidence of attempts to clean the stains before replacing the carpet. The Landlord suspected there was a dog that resided at the property, in breach of the tenancy agreement however they did not confirm that the carpet replacement was due to dog urine or faeces which would not have been visible in the photographs. For this reason, I have not awarded the claim for the hallway carpet replacement.
The claim is dismissed for the hallway carpet.
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 5435413 — net $8,948.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$106.71	Rent arrears
Rubbish removal: Interior	$2,791.57	Rubbish removal: Interior
Rubbish removal: Exterior	$3,943.50	Rubbish removal: Exterior
Cleaning property	$577.58	Cleaning property
Cleaning: Kitchen cupboard	$104.26	Cleaning: Kitchen cupboard
Repairs: Rehang kitchen cabinet door	$64.98	Repairs: Rehang kitchen cabinet door
Replace furnishings: Lounge carpet	$479.13	Replace furnishings: Lounge carpet
Replace furnishings: Lay carpet underlay	$118.68	Replace furnishings: Lay carpet underlay
Repairs: Patch toilet wall hole	$40.16	Repairs: Patch toilet wall hole
Repairs: Holes in hallway, bedroom 1, 2 & 4	$160.64	Repairs: Holes in hallway, bedroom 1, 2 & 4
Repairs: Door bedroom 5 priming	$5.48	Repairs: Door bedroom 5 priming
Repairs: Bedroom 5 holes	$160.64	Repairs: Bedroom 5 holes
Replace furnishings: Oven	$395.31	Replace furnishings: Oven
Net award	$8,948.64
Total payable by Tenant to Landlord	$8,948.64

Claims and awards for application 5435413 — net $8,948.64 NZD. Verify on MoJ.

Rent arrears

Amount: $106.71
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal: Interior

Amount: $2,791.57
Awarded to: Landlord
Reason: Rubbish removal: Interior

Rubbish removal: Exterior

Amount: $3,943.50
Awarded to: Landlord
Reason: Rubbish removal: Exterior

Cleaning property

Amount: $577.58
Awarded to: Landlord
Reason: Cleaning property

Cleaning: Kitchen cupboard

Amount: $104.26
Awarded to: Landlord
Reason: Cleaning: Kitchen cupboard

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage Rubbish Removal

Order

NUUESE SCOTT TULUA and TITILEA'U FA'AMAUSILI must pay Kāinga Ora– Homes And Communities $8,948.64 immediately, being rent arrears to 27 November 2025.

Reasons

The Landlord attended the hearing. The Tenants did not appear.
The Landlord has applied for rent arrears and compensation.
At the hearing, the Landlord withdrew their claim for rehanging the bathroom cabinet door.

How much is owed for rent arrears?

The tenancy ended on 27 November 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 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 Tenant left a substantial amount of rubbish in and outside of the property which included furniture, bags of rubbish, a large speaker wheelbarrows, mattresses, a suitcase, pallets, mats containers and industry vacuums. The outside shed was full of rubbish and the council bins required emptying. There was 17 cubic metres of rubbish inside the property and 22 cubic meters of rubbish outside the property. An exit report was provided which substantiated the claim.
The Tenant also did not clean the house. The walls required cleaning, window sills needed wiping down and the carpets were dirty. It appeared as if no cleaning was attempted. The bathroom was particularly dirty and the kitchen cupboards required scrubbing.
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 following damage was caused during the tenancy: removal of the lounge carpet, staining of the hallway carpet, loose kitchen cabinet door, holes to the hallway, toilet bedroom 1, 2, 4 and 5 walls, bedroom 5 door required painting and priming and the oven stove top was not working due to rust and being burnt through. Entry and exit inspection photographs were provided to substantiate the costs and a work order.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage in relation to the lounge carpet, kitchen and bathroom cabinet doors, holes to the walls, bedroom 5 door and oven,
In relation to the carpet damage to the hallway, the Landlord claimed these were heavily stained to the extent they required replacing however upon perusal of the exit inspection photographs, I did not find the staining to be so extensive it required carpet replacement. The Landlord showed fraying carpet by one bedroom however nothing further to justify replacement of the entire hallway carpet. I also did not see any evidence of attempts to clean the stains before replacing the carpet. The Landlord suspected there was a dog that resided at the property, in breach of the tenancy agreement however they did not confirm that the carpet replacement was due to dog urine or faeces which would not have been visible in the photographs. For this reason, I have not awarded the claim for the hallway carpet replacement.
The claim is dismissed for the hallway carpet.
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 5435413 — Cleanliness at 69 Dawson Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5435413 — Cleanliness at 69 Dawson Road, Otara, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

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

Frequently asked questions