What was Tenancy Tribunal case 5455082 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $1,529.08

How much money was awarded in case 5455082?

Cleaning: $511.32 awarded to landlord; Patch two holes in the living room w…: $80.32 awarded to landlord; Rubbish Removal: $937.44 awarded to landlord

What type of tenancy dispute was case 5455082?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5455082?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13922111-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5455082 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $1,529.08

How much money was awarded in case 5455082?

Cleaning: $511.32 awarded to landlord; Patch two holes in the living room w…: $80.32 awarded to landlord; Rubbish Removal: $937.44 awarded to landlord

What type of tenancy dispute was case 5455082?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5455082?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13922111-Tenancy_Tribunal_Order.pdf.

14 Dungarvon Place, Clendon Park, Auckland 2103 Tenancy Tribunal Case 5455082 — Cleanliness

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5455082 — net $1,529.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: Including general cleaning, kitchen cupboards, oven and rangehood	$511.32	Cleaning: Including general cleaning, kitchen cupboards, oven and rangehood
Rubbish removal: Including 12 tyres	$937.44	Rubbish removal: Including 12 tyres
Repairs: Patch two holes in the living room wall	$80.32	Repairs: Patch two holes in the living room wall
Net award	$1,529.08
Total payable by Tenant to Landlord	$1,529.08

On 25 February 2026 the landlord filed an application seeking compensation following the end of the tenancy.

The hearing proceeded by way of video conference. Ms Anthea Eder, Senior Adviser Tribunals, appeared for the landlord. The tenant failed to appear. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded in their absence.

At the hearing the landlord withdrew their claim for compensation for a new oven and a replacement toilet roll holder. History of the tenancy

The tenancy commenced on 22 April 2013 and was periodic.

On 4 November 2025 the tenant gave notice terminating the tenancy.

The final day of the tenancy was 28 November 2025.

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 “Act”). Is the tenant liable for cleaning costs

The landlord seeks compensation for: a. General cleaning: $192.75 (the landlord initially sought $692.75 for general cleaning but the amount claimed was amended to better reflect the work required) b. Kitchen cupboard cleaning: $104.26 c. Oven cleaning: $165.86 d. Rangehood cleaning: $48.45 A tenant invoice in the amount claimed was provided.

A pre-tenancy inspection report was provided which proved the property was provided in a clean and tidy. The property had been refurbished with new paint, new carpet, and hard flooring and, in the kitchen, a new draining board, oven and rangehood had been installed.

The landlord said the tenant failed to return the premises in a reasonably clean and tidy condition. An end of tenancy inspection report with photographs was provided. This report showed: a. The walls were marked and dirty, the skirting boards were dusty, the doors were soiled and needed wiping down. b. In the kitchen the oven and rangehood were grease stained and required cleaning and the cupboards had not been wiped out. c. In the bathroom the shower/ tub was dirty, the vanity required additional cleaning and the cabinets needed to be emptied and wiped clean. d. The toilet required additional cleaning. e. The laundry ceiling was marked and required cleaning.

Having heard from the landlord and considering all of the evidence the Tribunal finds the tenant failed to return the property in a reasonably clean and tidy condition and the amounts claimed in reasonable in the circumstances. The amounts claimed are ordered. Is the tenant liable for rubbish removal costs

The landlord states the tenant failed to remove all rubbish and seeks compensation for: a. Removal of 12 tyres: $220.44 (the landlord initially sought compensation for the removal of 16 tyres totalling $293.92, but amended the amount claimed to reflect that only 12 tyres were dumped) b. Removal and dumping on 4 cubic meters of rubbish from inside and outside the property: $717.00 (the amount claimed was reduced to reflect the amount of rubbish dumped)

The end of tenancy photographs show: a. 12 tyres. b. Four large plastic gib fix pails and a large blue drum. c. A queen-sized mattress and two large lounge chairs. d. A rubbish pile in the corner of the garden along with a black sack of waste and the Council provided bins were over filled. e. Various other inorganic items that needed to be collected from inside house, the shed and around the section, which needed to be dumped.

Based on the evidence provided the Tribunal was satisfied the tenant failed to remove all rubbish from the property at the end of the tenancy and the amount claimed is reasonable. The amount claimed is ordered.

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 of the Act.

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 Act.

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 Act. 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 Act.

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 Act.

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: two holes large holes in the living room walls – one below the heat pump and one near the entrance. The laundry door which, opened out onto the exterior of the property, needed to be replaced after area beside the lock was damaged. This was a security issue.

The Tribunal was satisfied the damage occurred during the tenancy and the damage is more than fair wear and tear.

A tenant invoice for the amount claimed was provided. The Tribunal is satisfied the amount claimed is reasonable in the circumstances and that is what is ordered.

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.

Reasons

Claims and awards in Tenancy Tribunal application 5455082 — net $1,529.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: Including general cleaning, kitchen cupboards, oven and rangehood	$511.32	Cleaning: Including general cleaning, kitchen cupboards, oven and rangehood
Rubbish removal: Including 12 tyres	$937.44	Rubbish removal: Including 12 tyres
Repairs: Patch two holes in the living room wall	$80.32	Repairs: Patch two holes in the living room wall
Net award	$1,529.08
Total payable by Tenant to Landlord	$1,529.08

On 25 February 2026 the landlord filed an application seeking compensation following the end of the tenancy.

At the hearing the landlord withdrew their claim for compensation for a new oven and a replacement toilet roll holder. History of the tenancy

The tenancy commenced on 22 April 2013 and was periodic.

On 4 November 2025 the tenant gave notice terminating the tenancy.

The final day of the tenancy was 28 November 2025.

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

The Tribunal was satisfied the damage occurred during the tenancy and the damage is more than fair wear and tear.

A tenant invoice for the amount claimed was provided. The Tribunal is satisfied the amount claimed is reasonable in the circumstances and that is what is ordered.

Tenancy Tribunal case 5455082 — Cleanliness at 14 Dungarvon Place, Clendon Park, Auckland 2103

At a glance

Tenancy Tribunal case 5455082 — Cleanliness at 14 Dungarvon Place, Clendon Park, Auckland 2103

At a glance

Award balance

Claims & awards

Order

Reasons

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

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