What was Tenancy Tribunal case 5458577 about?

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

How much money was awarded in case 5458577?

Property Damage: $1,987.00 awarded to landlord; Property Damage: $2,171.00 awarded to landlord; Rent Arrears: $133.50 awarded to tenant; Property Damage: $445.26 awarded to landlord; Replace Fittings: $745.52 awarded to landlord; Rubbish Removal: $8,389.82 awarded to landlord

What type of tenancy dispute was case 5458577?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5458577?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13853500-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5458577 about?

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

How much money was awarded in case 5458577?

Property Damage: $1,987.00 awarded to landlord; Property Damage: $2,171.00 awarded to landlord; Rent Arrears: $133.50 awarded to tenant; Property Damage: $445.26 awarded to landlord; Replace Fittings: $745.52 awarded to landlord; Rubbish Removal: $8,389.82 awarded to landlord

What type of tenancy dispute was case 5458577?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5458577?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13853500-Tenancy_Tribunal_Order.pdf.

5 Merrill Place, Birkdale, Auckland 0626 Tenancy Tribunal Case 5458577 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5458577 — net $13,605.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs and painting	$1,987.00		Repairs and painting
Rubbish removal	$8,389.82		Rubbish removal
Repairs: wall repairs	$445.26		Repairs: wall repairs
Replace fittings	$745.52		Replace fittings
Carpet replacement	$2,171.00		Carpet replacement
Rent arrears		$133.50	Rent arrears
Total award	$13,738.60	$133.50
Net award	$13,605.10
Total payable by Tenant to Landlord	$13,605.10

The landlord attended the hearing by videoconference. The tenant didn’t attend and couldn’t be contacted by phone.

The landlord has applied for compensation following the end of the tenancy. Rent

The tenancy ended on 29 January 2026. The landlord has provided rent records which prove the amount of a rent credit due to the tenant at that date.

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.

Exit inspection photographs provided by the landlord show that the tenant did not leave the premises reasonably clean and tidy. A very large quantity of rubbish was left. The landlord’s work order records note a total of 38.5m 3 of rubbish removed.

The premises were heavily soiled and the large section was very overgrown.

The amounts ordered are proved by the landlord’s work order records.

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. The landlord does not hold insurance for tenant damage.

Here, the damage has been caused by ongoing mis-treatment of the property rather than an accidental or isolated careless cause so must be regarded as intentional. The tenant is responsible for the cost of repairing intentional damage. See section 49B(1)(a) RTA.

The exit photos show extensive spoiling of the carpets. The landlord’s evidence is that the carpets couldn’t be made acceptably clean with cleaning and had to be replaced.

There were many wall and door holes and attempted patches throughout he property that required repair and repainting. Some doors needed to be replaced.

Several fittings needed to be replaced: • wardrobe shelf • towel rail • window stays

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. The premises were refurbished at the start of the tenancy. Deprecation has been applied to replacement of curtains, carpets and interior paint, at appropriate rates.

Claims and awards in Tenancy Tribunal application 5458577 — net $13,605.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs and painting	$1,987.00		Repairs and painting
Rubbish removal	$8,389.82		Rubbish removal
Repairs: wall repairs	$445.26		Repairs: wall repairs
Replace fittings	$745.52		Replace fittings
Carpet replacement	$2,171.00		Carpet replacement
Rent arrears		$133.50	Rent arrears
Total award	$13,738.60	$133.50
Net award	$13,605.10
Total payable by Tenant to Landlord	$13,605.10

Order

[The tenant/s] must pay Kāinga Ora–Homes and Communities $13,605.10 immediately, calculated as shown below.

Reasons

The landlord attended the hearing by videoconference. The tenant didn’t attend and couldn’t be contacted by phone.
The landlord has applied for compensation following the end of the tenancy. Rent
The tenancy ended on 29 January 2026. The landlord has provided rent records which prove the amount of a rent credit due to the tenant at that date.

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.
Exit inspection photographs provided by the landlord show that the tenant did not leave the premises reasonably clean and tidy. A very large quantity of rubbish was left. The landlord’s work order records note a total of 38.5m 3 of rubbish removed.
The premises were heavily soiled and the large section was very overgrown.
The amounts ordered are proved by the landlord’s work order records.

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. The landlord does not hold insurance for tenant damage.
Here, the damage has been caused by ongoing mis-treatment of the property rather than an accidental or isolated careless cause so must be regarded as intentional. The tenant is responsible for the cost of repairing intentional damage. See section 49B(1)(a) RTA.
The exit photos show extensive spoiling of the carpets. The landlord’s evidence is that the carpets couldn’t be made acceptably clean with cleaning and had to be replaced.
There were many wall and door holes and attempted patches throughout he property that required repair and repainting. Some doors needed to be replaced.
Several fittings needed to be replaced: • wardrobe shelf • towel rail • window stays
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. The premises were refurbished at the start of the tenancy. Deprecation has been applied to replacement of curtains, carpets and interior paint, at appropriate rates.

Tenancy Tribunal case 5458577 — Property damage at 5 Merrill Place, Birkdale, Auckland 0626

At a glance

Tenancy Tribunal case 5458577 — Property damage at 5 Merrill Place, Birkdale, Auckland 0626

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