What was Tenancy Tribunal case 5458292 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $6,538.98

How much money was awarded in case 5458292?

Cleaning: $692.75 awarded to landlord; Property Damage: $1,654.83 awarded to landlord; Rent Arrears: $1,249.43 awarded to landlord; Rubbish Removal: $1,792.50 awarded to landlord; Rubbish Removal: $1,149.47 awarded to landlord

What type of tenancy dispute was case 5458292?

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

Where can I read the official tribunal order for case 5458292?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13853922-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5458292 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $6,538.98

How much money was awarded in case 5458292?

Cleaning: $692.75 awarded to landlord; Property Damage: $1,654.83 awarded to landlord; Rent Arrears: $1,249.43 awarded to landlord; Rubbish Removal: $1,792.50 awarded to landlord; Rubbish Removal: $1,149.47 awarded to landlord

What type of tenancy dispute was case 5458292?

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

Where can I read the official tribunal order for case 5458292?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13853922-Tenancy_Tribunal_Order.pdf.

93 Spinella Drive, Bayview, Auckland 0629 Tenancy Tribunal Case 5458292 — Property damage

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93 Spinella Drive, Bayview, Auckland 0629 Tenancy Tribunal Case 5458292 — Property damage | 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 5458292 — net $6,538.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 February 2026	$1,249.43	Rent arrears to 11 February 2026
Cleaning	$692.75	Cleaning
Rubbish removal: interior	$1,149.47	Rubbish removal: interior
Rubbish removal: exterior	$1,792.50	Rubbish removal: exterior
Repairs	$1,654.83	Repairs
Net award	$6,538.98
Total payable by Tenant to Landlord	$6,538.98

Claims and awards for application 5458292 — net $6,538.98 NZD. Verify on MoJ.

Rent arrears to 11 February 2026

Amount: $1,249.43
Awarded to: Landlord
Reason: Rent arrears to 11 February 2026

Cleaning

Amount: $692.75
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: interior

Amount: $1,149.47
Awarded to: Landlord
Reason: Rubbish removal: interior

Rubbish removal: exterior

Amount: $1,792.50
Awarded to: Landlord
Reason: Rubbish removal: exterior

Repairs

Amount: $1,654.83
Awarded to: Landlord
Reason: Repairs

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $6,538.98 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 rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 11 February 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1249.43.

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. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord provided 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. The landlord claimed $692.75.
There was a large amount of rubbish and abandoned items inside and outside the house, including a large corner sofa an ottoman, beds and mattresses inside and out, a chest freezer. The tenant had signed an authorisation for the landlords to dispose of items. The landlord claimed $1792.50 for disposal of 10 cubic metres for the exterior, and $1,149.47 for 7 cubic metres inside.
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 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 landlord provided entry and exit inspection photos which show that the following damage was caused during the tenancy: a. Missing kitchen cabinet door b. Damaged hinges on another kitchen cabinet door c. A split door frame in bedroom d. A split to both sides of door frame in bathroom e. Smashed mirror in bathroom f. Missing door handle in bedroom g. Hole in wall in wardrobe h. Holes in bathroom door – needed to replace door.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts claimed total $1,654.83 and that 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.
Although the tenancy lasted 6 years, the items claimed are part of the house and would not have needed replacement or repair, but for the actions of the tenant.

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 5458292 — net $6,538.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 February 2026	$1,249.43	Rent arrears to 11 February 2026
Cleaning	$692.75	Cleaning
Rubbish removal: interior	$1,149.47	Rubbish removal: interior
Rubbish removal: exterior	$1,792.50	Rubbish removal: exterior
Repairs	$1,654.83	Repairs
Net award	$6,538.98
Total payable by Tenant to Landlord	$6,538.98

Claims and awards for application 5458292 — net $6,538.98 NZD. Verify on MoJ.

Rent arrears to 11 February 2026

Amount: $1,249.43
Awarded to: Landlord
Reason: Rent arrears to 11 February 2026

Cleaning

Amount: $692.75
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: interior

Amount: $1,149.47
Awarded to: Landlord
Reason: Rubbish removal: interior

Rubbish removal: exterior

Amount: $1,792.50
Awarded to: Landlord
Reason: Rubbish removal: exterior

Repairs

Amount: $1,654.83
Awarded to: Landlord
Reason: Repairs

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $6,538.98 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 rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 11 February 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1249.43.

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. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord provided 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. The landlord claimed $692.75.
There was a large amount of rubbish and abandoned items inside and outside the house, including a large corner sofa an ottoman, beds and mattresses inside and out, a chest freezer. The tenant had signed an authorisation for the landlords to dispose of items. The landlord claimed $1792.50 for disposal of 10 cubic metres for the exterior, and $1,149.47 for 7 cubic metres inside.
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 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 landlord provided entry and exit inspection photos which show that the following damage was caused during the tenancy: a. Missing kitchen cabinet door b. Damaged hinges on another kitchen cabinet door c. A split door frame in bedroom d. A split to both sides of door frame in bathroom e. Smashed mirror in bathroom f. Missing door handle in bedroom g. Hole in wall in wardrobe h. Holes in bathroom door – needed to replace door.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts claimed total $1,654.83 and that 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.
Although the tenancy lasted 6 years, the items claimed are part of the house and would not have needed replacement or repair, but for the actions of the tenant.

Tenancy Tribunal case 5458292 — Property damage at 93 Spinella Drive, Bayview, Auckland 0629

At a glance

Tenancy Tribunal case 5458292 — Property damage at 93 Spinella Drive, Bayview, Auckland 0629

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