What was Tenancy Tribunal case 5456470 about?

The tribunal order states: [The tenant/s] and [The party] must pay

How much money was awarded in case 5456470?

Rubbish Removal: $3,256.53 awarded to landlord; Walls: $2,001.45 awarded to landlord; Replace Furnishings: Carpet: $276.28 awarded to landlord; Replace furnishings: heat pump remot…: $53.34 awarded to landlord

What type of tenancy dispute was case 5456470?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5456470?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13849523-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5456470 about?

The tribunal order states: [The tenant/s] and [The party] must pay

How much money was awarded in case 5456470?

Rubbish Removal: $3,256.53 awarded to landlord; Walls: $2,001.45 awarded to landlord; Replace Furnishings: Carpet: $276.28 awarded to landlord; Replace furnishings: heat pump remot…: $53.34 awarded to landlord

What type of tenancy dispute was case 5456470?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5456470?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13849523-Tenancy_Tribunal_Order.pdf.

17 Jack Farrell Place, Papakura, Papakura 2110 Tenancy Tribunal Case 5456470 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5456470 — net $5,587.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: and rubbish removal	$3,256.53	Cleaning: and rubbish removal
Repairs: walls	$2,001.45	Repairs: walls
Replace furnishings: carpet	$276.28	Replace furnishings: carpet
Replace furnishings: heat pump remote	$53.34	Replace furnishings: heat pump remote
Net award	$5,587.60
Total payable by Tenant to Landlord	$5,587.60

The landlord attended the hearing. There was no appearance for the tenant.

The landlord has applied for compensation following the end of the tenancy on 6 January 2026.

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, and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.

The landlord provided entry and exit inspection photographs which show that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Extensive cleaning was required, including the oven. There was extensive rubbish and large abandoned items inside and out. The cost of $3256.53 is reasonable and is ordered.

The remote control for the heat pump was missing. The replacement cost of $53.34 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 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 and is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The carpet was badly stained and had been removed in the hallway. It was reasonable that it was replaced. After applying depreciation, the landlord sought $276.28. That amount is ordered.

The photos show multiple holes in the walls and doors throughout the property. Some doors needed to be replaced. The amount of $2,001.45 is claimed for repairs.

The amounts ordered are 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 5456470 — net $5,587.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: and rubbish removal	$3,256.53	Cleaning: and rubbish removal
Repairs: walls	$2,001.45	Repairs: walls
Replace furnishings: carpet	$276.28	Replace furnishings: carpet
Replace furnishings: heat pump remote	$53.34	Replace furnishings: heat pump remote
Net award	$5,587.60
Total payable by Tenant to Landlord	$5,587.60

Order

[The tenant/s] and [The party] must pay Kāinga Ora–Homes And Communities $5,587.60 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for compensation following the end of the tenancy on 6 January 2026.

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, and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord provided entry and exit inspection photographs which show that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Extensive cleaning was required, including the oven. There was extensive rubbish and large abandoned items inside and out. The cost of $3256.53 is reasonable and is ordered.
The remote control for the heat pump was missing. The replacement cost of $53.34 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 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 and is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The carpet was badly stained and had been removed in the hallway. It was reasonable that it was replaced. After applying depreciation, the landlord sought $276.28. That amount is ordered.
The photos show multiple holes in the walls and doors throughout the property. Some doors needed to be replaced. The amount of $2,001.45 is claimed for repairs.
The amounts ordered are 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 5456470 — Property damage at 17 Jack Farrell Place, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 5456470 — Property damage at 17 Jack Farrell Place, Papakura, Papakura 2110

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