Tenantcheck Insights · Case study
Tenancy Tribunal case 5445908 — Property damage at Unit/Flat Flat 1, 3 Secretariat Place, Randwick Park,
Published 14 May 2026 · Application 5445908
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
V Pasupati
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $15,325.63
- Total balance for Tenant to pay Landlord
- $15,325.63
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Cleaning | $718.97 | Cleaning | |
| Rubbish removal: exterior | $1,043.24 | Rubbish removal: exterior | |
| Rubbish removal: interior | $1,433.55 | Rubbish removal: interior | |
| Lawnmowing | $194.00 | Lawnmowing | |
| Replace heat pump | $2,472.35 | Replace heat pump | |
| Repairs to walls | $3,588.29 | Repairs to walls | |
| Repairs/replacement of doors | $2,861.93 | Repairs/replacement of doors | |
| Carpet replacement | $2,205.00 | Carpet replacement | |
| Repairs to cabinetry | $227.19 | Repairs to cabinetry | |
| Stove replacement | $460.00 | Stove replacement | |
| Repairs to gate | $91.39 | Repairs to gate | |
| Replacement: toilet roll holder | $29.72 | Replacement: toilet roll holder | |
| Net award | $15,325.63 | ||
| Total payable by Tenant to Landlord | $15,325.63 |
Claims and awards for application 5445908 — net $15,325.63 NZD. Verify on MoJ.
Cleaning
- Amount
- $718.97
- Awarded to
- Landlord
- Reason
- Cleaning
Rubbish removal: exterior
- Amount
- $1,043.24
- Awarded to
- Landlord
- Reason
- Rubbish removal: exterior
Rubbish removal: interior
- Amount
- $1,433.55
- Awarded to
- Landlord
- Reason
- Rubbish removal: interior
Lawnmowing
- Amount
- $194.00
- Awarded to
- Landlord
- Reason
- Lawnmowing
Replace heat pump
- Amount
- $2,472.35
- Awarded to
- Landlord
- Reason
- Replace heat pump
Repairs to walls
- Amount
- $3,588.29
- Awarded to
- Landlord
- Reason
- Repairs to walls
Repairs/replacement of doors
- Amount
- $2,861.93
- Awarded to
- Landlord
- Reason
- Repairs/replacement of doors
Carpet replacement
- Amount
- $2,205.00
- Awarded to
- Landlord
- Reason
- Carpet replacement
Repairs to cabinetry
- Amount
- $227.19
- Awarded to
- Landlord
- Reason
- Repairs to cabinetry
Stove replacement
- Amount
- $460.00
- Awarded to
- Landlord
- Reason
- Stove replacement
Repairs to gate
- Amount
- $91.39
- Awarded to
- Landlord
- Reason
- Repairs to gate
Replacement: toilet roll holder
- Amount
- $29.72
- Awarded to
- Landlord
- Reason
- Replacement: toilet roll holder
Net award
Landlord $15,325.63
Total payable by Tenant to Landlord
Landlord $15,325.63
Claim types — money lines allowed on this order
Order
- Te-Rangi Roimata Kirihaunga Taniora-Nathan must pay Kāinga Ora–Homes and Communities $15,325.63 immediately, calculated as shown in the table below.
Reasons
- The Tribunal must consider an application filed by the landlord for compensation following the end of the tenancy.
- Only the landlord appeared at the hearing. I am satisfied that the tenant has been properly notified of the hearing, and therefore, I will proceed to consider the application in their absence.
- This tenancy began on 4 August 2021 and ended on 10 October 2025, after the tenant gave notice. There is no bond.
- The landlord’s claims are considered below. Compensation for costs incurred 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) of the Residential Tenancies Act 1986 (the RTA).
- The evidence shows that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photographs and detailed inspection reports showing the condition of the premises at the start and end of the tenancy. The photographs show that the interior of the house required extensive cleaning.
- At the end of the tenancy there were large items, including bookshelves, mattresses, sofa, dining table, television cabinet and other furniture; household goods, large appliances, clothing, and other rubbish left at the premises, which the landlord had to arrange for removal and disposal. A maintenance work order was provided, showing that 9 cubic metres of rubbish was removed from the interior of the premises, and 6 cubic metres from the exterior.
- The lawns needed mowing and, due to their length, the grass had to be slashed, and the green waste removed.
- I find the landlord has established its claim for cleaning, rubbish removal and lawnmowing costs, which are ordered above. Compensation for tenant damage Legal framework
- The landlord seeks compensation for tenant damage. To be successful in such claims, 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 of the 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) of the 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) of the 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) of the 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) of the 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.
- When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. The landlord’s claim for compensation for tenant damage
- On the basis of the landlord’s evidence, I am satisfied that the following damage was caused during the tenancy: • Walls: there was extensive damage to multiple walls throughout the house, as demonstrated in the photographs. The landlord states all rooms were damaged. The repair cost of $3,588.29 is sought, as awarded above. • Doors: doors in the bedrooms, hallway, toilet and garage were damaged. Due to the extent of damage, most doors had to be replaced, including the garage roller door. • Carpet: all the carpeted areas were damaged. The landlord describes there being large stains, soiling, dog faeces and burn marks on the carpet. The landlord seeks the amount of $2,205.00 (taking into account depreciation) to replace the carpet. • Heat pump: the heat pump was damaged, and had to be replaced. The amount sought by the landlord is $2,472.35. • Cabinetry: kitchen cabinetry and shelving was damaged and had to be repaired, at a cost of $227.19. • Stove: the stove was missing a door, and other components, and was replaced. The depreciated amount sought is $460.00. • Gate: an exterior gate had been removed from its hinges and was repaired, costing $91.39. • Toilet roll holder: The toilet roll holder had been removed from the wall and had to be replaced, at a cost of $29.72.
- The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.
- In determining the quantum of compensation, betterment and depreciation has been taken into account. Filing fee and name suppression
- While successful, the landlord does not seek the filing fee or name suppression.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s1, s40(1), s40(2), s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: cleaning
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5445908?
The tribunal order states: Te-Rangi Roimata Kirihaunga Taniora-Nathan must pay Kāinga Ora–Homes and
How much money was awarded in case 5445908?
Cleaning: $718.97 awarded to landlord; Lawnmowing: $194.00 awarded to landlord; Property Damage: $3,588.29 awarded to landlord; Property Damage: $2,861.93 awarded to landlord; Property Damage: $2,205.00 awarded to landlord; Property Damage: $227.19 awarded to landlord; Property Damage: $460.00 awarded to landlord; Property Damage: $91.39 awarded to landlord; Replace Heat Pump: $2,472.35 awarded to landlord; Property Damage: $29.72 awarded to landlord; Rubbish Removal: $1,043.24 awarded to landlord; Rubbish Removal: $1,433.55 awarded to landlord
What type of tenancy dispute was case 5445908?
The primary dispute was Property damage. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5445908?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13599519-Tenancy_Tribunal_Order.pdf.