What was Tenancy Tribunal case 5438932 about?

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

How much money was awarded in case 5438932?

Broken Window Glass In Lounge Ranch…: $70.95 awarded to landlord; Broken Window Glass In Lounge Ranch…: $384.45 awarded to landlord; Cleaning: $692.75 awarded to landlord; Cleaning: $104.26 awarded to landlord; Front Door Lock And Barrel Change An…: $42.00 awarded to landlord; Front Door Lock Change- Lost Key: $42.00 awarded to landlord; Rent Arrears: $55.71 awarded to landlord; Plaster, patch and paint bedroom 1 w…: $40.35 awarded to landlord; Plaster, patch and paint stairwell w…: $40.35 awarded to landlord; Property Damage: $25.00 awarded to landlord; Rubbish Removal: $537.75 awarded to landlord; Rubbish Removal: $985.26 awarded to landlord

What type of tenancy dispute was case 5438932?

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

Where can I read the official tribunal order for case 5438932?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13783937-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5438932 about?

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

How much money was awarded in case 5438932?

Broken Window Glass In Lounge Ranch…: $70.95 awarded to landlord; Broken Window Glass In Lounge Ranch…: $384.45 awarded to landlord; Cleaning: $692.75 awarded to landlord; Cleaning: $104.26 awarded to landlord; Front Door Lock And Barrel Change An…: $42.00 awarded to landlord; Front Door Lock Change- Lost Key: $42.00 awarded to landlord; Rent Arrears: $55.71 awarded to landlord; Plaster, patch and paint bedroom 1 w…: $40.35 awarded to landlord; Plaster, patch and paint stairwell w…: $40.35 awarded to landlord; Property Damage: $25.00 awarded to landlord; Rubbish Removal: $537.75 awarded to landlord; Rubbish Removal: $985.26 awarded to landlord

What type of tenancy dispute was case 5438932?

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

Where can I read the official tribunal order for case 5438932?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13783937-Tenancy_Tribunal_Order.pdf.

9 Fetu Oso Lane, Henderson, Auckland 0612 Tenancy Tribunal Case 5438932 — Cleanliness

Claims and awards in Tenancy Tribunal application 5438932 — net $3,020.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 December 2025	$55.71	Rent arrears to 3 December 2025
Cleaning: Kitchen cupboards	$104.26	Cleaning: Kitchen cupboards
Cleaning: Clean house	$692.75	Cleaning: Clean house
Rubbish removal: Internal	$985.26	Rubbish removal: Internal
Rubbish removal: External	$537.75	Rubbish removal: External
Repairs: Plaster, patch and paint stairwell wall	$40.35	Repairs: Plaster, patch and paint stairwell wall
Repairs: Plaster, patch and paint bedroom 1 wall	$40.35	Repairs: Plaster, patch and paint bedroom 1 wall
Replace furnishings: Damaged curtains bedroom 2	$25.00	Replace furnishings: Damaged curtains bedroom 2
Front door lock change- lost key	$42.00	Front door lock change- lost key
Front door lock and barrel change and new keys provided	$42.00	Front door lock and barrel change and new keys provided
Broken window glass in lounge ranch slider- board up	$70.95	Broken window glass in lounge ranch slider- board up
Broken window glass in lounge ranch slider- reglaze	$384.45	Broken window glass in lounge ranch slider- reglaze
Net award	$3,020.83
Total payable by Tenant to Landlord	$3,020.83

Claims and awards in Tenancy Tribunal application 5438932 — net $3,020.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 3 December 2025

$55.71

Rent arrears to 3 December 2025

Cleaning: Kitchen cupboards

$104.26

Cleaning: Kitchen cupboards

Cleaning: Clean house

$692.75

Cleaning: Clean house

Rubbish removal: Internal

$985.26

Rubbish removal: Internal

Rubbish removal: External

$537.75

Rubbish removal: External

Repairs: Plaster, patch and paint stairwell wall

$40.35

Repairs: Plaster, patch and paint stairwell wall

Repairs: Plaster, patch and paint bedroom 1 wall

$40.35

Repairs: Plaster, patch and paint bedroom 1 wall

Replace furnishings: Damaged curtains bedroom 2

$25.00

Replace furnishings: Damaged curtains bedroom 2

Front door lock change- lost key

$42.00

Front door lock change- lost key

Front door lock and barrel change and new keys provided

$42.00

Front door lock and barrel change and new keys provided

Broken window glass in lounge ranch slider- board up

$70.95

Broken window glass in lounge ranch slider- board up

Broken window glass in lounge ranch slider- reglaze

$384.45

Broken window glass in lounge ranch slider- reglaze

Net award

$3,020.83

Total payable by Tenant to Landlord

$3,020.83

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlord has applied for rent arrears and compensation following the end of the tenancy. 5438932 2 Service of notice of hearing on tenant

The tenancy ended on 3 December 2025. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 5 February 2026.

Section 91A of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf” or (e) if the landlord files the application no later than 2 years after the termination of the tenancy to which it relates, by transmission to an email address given by the tenant as an address for service; or (f) if the landlord files the application more than 2 years after the termination of the tenancy to which it relates, by transmission to an email address that the tenant has used to communicate with the landlord, or otherwise supplied to the landlord in writing, within the 2 years before the application”.

The notice of hearing and other evidence provided by the landlord has been served on the tenant to the new physical address for service provided by the tenant to the landlord in the past 2 months, being 2 Stanley Street, Auckland Central, Auckland 1010. This was the address provided by the tenant after the end of the tenancy. I am satisfied that the notice and/or other document has been served on the tenant in accordance with the RTA.

How much is owed for rent?

The tenancy ended on 3 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 5438932 3 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 photographic evidence provided by the landlord proves the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenant’s keys were stolen, and the landlord had to change the lock and barrel and provide new keys for the front door.

The tenant also lost the keys to the aluminium front door, and these had to be replaced again.

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. 5438932 4

The photographic evidence produced by landlord proves the following careless damage was caused during the tenancy, and that this damage is more than fair wear and tear: a. Damage to the stairwell wall that requited plastering, patching, sanding and painting; b. Damage to bedroom 1 wall that requited plastering, patching, sanding and painting; c. Damage to the curtains in bedroom 2; and d. The ranch slide door has a broken window in lounge that had to be boarded up and reglazed.

The tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have considered 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 considered 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 5438932 — net $3,020.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 December 2025	$55.71	Rent arrears to 3 December 2025
Cleaning: Kitchen cupboards	$104.26	Cleaning: Kitchen cupboards
Cleaning: Clean house	$692.75	Cleaning: Clean house
Rubbish removal: Internal	$985.26	Rubbish removal: Internal
Rubbish removal: External	$537.75	Rubbish removal: External
Repairs: Plaster, patch and paint stairwell wall	$40.35	Repairs: Plaster, patch and paint stairwell wall
Repairs: Plaster, patch and paint bedroom 1 wall	$40.35	Repairs: Plaster, patch and paint bedroom 1 wall
Replace furnishings: Damaged curtains bedroom 2	$25.00	Replace furnishings: Damaged curtains bedroom 2
Front door lock change- lost key	$42.00	Front door lock change- lost key
Front door lock and barrel change and new keys provided	$42.00	Front door lock and barrel change and new keys provided
Broken window glass in lounge ranch slider- board up	$70.95	Broken window glass in lounge ranch slider- board up
Broken window glass in lounge ranch slider- reglaze	$384.45	Broken window glass in lounge ranch slider- reglaze
Net award	$3,020.83
Total payable by Tenant to Landlord	$3,020.83

Claims and awards in Tenancy Tribunal application 5438932 — net $3,020.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 3 December 2025

$55.71

Rent arrears to 3 December 2025

Cleaning: Kitchen cupboards

$104.26

Cleaning: Kitchen cupboards

Cleaning: Clean house

$692.75

Cleaning: Clean house

Rubbish removal: Internal

$985.26

Rubbish removal: Internal

Rubbish removal: External

$537.75

Rubbish removal: External

Repairs: Plaster, patch and paint stairwell wall

$40.35

Repairs: Plaster, patch and paint stairwell wall

Repairs: Plaster, patch and paint bedroom 1 wall

$40.35

Repairs: Plaster, patch and paint bedroom 1 wall

Replace furnishings: Damaged curtains bedroom 2

$25.00

Replace furnishings: Damaged curtains bedroom 2

Front door lock change- lost key

$42.00

Front door lock change- lost key

Front door lock and barrel change and new keys provided

$42.00

Front door lock and barrel change and new keys provided

Broken window glass in lounge ranch slider- board up

$70.95

Broken window glass in lounge ranch slider- board up

Broken window glass in lounge ranch slider- reglaze

$384.45

Broken window glass in lounge ranch slider- reglaze

Net award

$3,020.83

Total payable by Tenant to Landlord

$3,020.83

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $3,1020.83 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for rent arrears and compensation following the end of the tenancy. 5438932 2 Service of notice of hearing on tenant
The tenancy ended on 3 December 2025. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 5 February 2026.
Section 91A of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf” or (e) if the landlord files the application no later than 2 years after the termination of the tenancy to which it relates, by transmission to an email address given by the tenant as an address for service; or (f) if the landlord files the application more than 2 years after the termination of the tenancy to which it relates, by transmission to an email address that the tenant has used to communicate with the landlord, or otherwise supplied to the landlord in writing, within the 2 years before the application”.
The notice of hearing and other evidence provided by the landlord has been served on the tenant to the new physical address for service provided by the tenant to the landlord in the past 2 months, being 2 Stanley Street, Auckland Central, Auckland 1010. This was the address provided by the tenant after the end of the tenancy. I am satisfied that the notice and/or other document has been served on the tenant in accordance with the RTA.

How much is owed for rent?

The tenancy ended on 3 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 5438932 3 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 photographic evidence provided by the landlord proves the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant’s keys were stolen, and the landlord had to change the lock and barrel and provide new keys for the front door.
The tenant also lost the keys to the aluminium front door, and these had to be replaced again.
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. 5438932 4
The photographic evidence produced by landlord proves the following careless damage was caused during the tenancy, and that this damage is more than fair wear and tear: a. Damage to the stairwell wall that requited plastering, patching, sanding and painting; b. Damage to bedroom 1 wall that requited plastering, patching, sanding and painting; c. Damage to the curtains in bedroom 2; and d. The ranch slide door has a broken window in lounge that had to be boarded up and reglazed.
The tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 5438932 — Cleanliness at 9 Fetu Oso Lane, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 5438932 — Cleanliness at 9 Fetu Oso Lane, Henderson, Auckland 0612

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