What was Tenancy Tribunal case 5492189 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $7,868.96

How much money was awarded in case 5492189?

Cleaning: $741.20 awarded to landlord; Garden: $132.12 awarded to landlord; Painting Doors: $246.00 awarded to landlord; Painting Walls: $832.00 awarded to landlord; Property Damage: $658.74 awarded to landlord; Property Damage: $1,426.17 awarded to landlord; Property Damage: $192.00 awarded to landlord; Rent Credit: $279.85 awarded to tenant; Replace Carpets: $3,075.00 awarded to landlord; Replace Kitchen Shelving: $157.95 awarded to landlord; Rubbish Removal: $656.84 awarded to landlord; Toilet Roll Holder: $30.79 awarded to landlord

What type of tenancy dispute was case 5492189?

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

Where can I read the official tribunal order for case 5492189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13907253-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5492189 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $7,868.96

How much money was awarded in case 5492189?

Cleaning: $741.20 awarded to landlord; Garden: $132.12 awarded to landlord; Painting Doors: $246.00 awarded to landlord; Painting Walls: $832.00 awarded to landlord; Property Damage: $658.74 awarded to landlord; Property Damage: $1,426.17 awarded to landlord; Property Damage: $192.00 awarded to landlord; Rent Credit: $279.85 awarded to tenant; Replace Carpets: $3,075.00 awarded to landlord; Replace Kitchen Shelving: $157.95 awarded to landlord; Rubbish Removal: $656.84 awarded to landlord; Toilet Roll Holder: $30.79 awarded to landlord

What type of tenancy dispute was case 5492189?

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

Where can I read the official tribunal order for case 5492189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13907253-Tenancy_Tribunal_Order.pdf.

6 Tofane Lane, Flat Bush, Auckland 2019 Tenancy Tribunal Case 5492189 — Property damage

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6 Tofane Lane, Flat Bush, Auckland 2019 Tenancy Tribunal Case 5492189 — 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 5492189 — net $7,868.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs to walls	$658.74		Repairs to walls
Garden	$132.12		Garden
Toilet roll holder	$30.79		Toilet roll holder
Replace Kitchen shelving	$157.95		Replace Kitchen shelving
Repairs to benchtop	$1,426.17		Repairs to benchtop
Painting walls	$832.00		Painting walls
Painting doors	$246.00		Painting doors
Repair to internal wardrobe walls	$192.00		Repair to internal wardrobe walls
Replace carpets	$3,075.00		Replace carpets
Cleaning	$741.20		Cleaning
Rubbish removal	$656.84		Rubbish removal
Rent credit		$279.85	Rent credit
Total award	$8,148.81	$279.85
Net award	$7,868.96
Total payable by Tenant to Landlord	$7,868.96

Claims and awards for application 5492189 — net $7,868.96 NZD. Verify on MoJ.

Repairs to walls

Amount: $658.74
Awarded to: Landlord
Reason: Repairs to walls

Garden

Amount: $132.12
Awarded to: Landlord
Reason: Garden

Toilet roll holder

Amount: $30.79
Awarded to: Landlord
Reason: Toilet roll holder

Replace Kitchen shelving

Amount: $157.95
Awarded to: Landlord
Reason: Replace Kitchen shelving

Repairs to benchtop

Amount: $1,426.17
Awarded to: Landlord
Reason: Repairs to benchtop

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $7,868.96 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today. Calls to the tenant (using two different numbers) went to voicemail. I note that this was originally scheduled as an in- person hearing but was converted to a hearing by telephone yesterday at my instigation.
The landlord has applied for compensation following the end of the tenancy. There is a rent credit which has been applied in reduction of the landlord’s claim. Cleaning, Rubbish Removal, Gardening
The tenancy ended on 19 February 2026. 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.
There was rubbish left behind, mainly in the outdoor shed. The landlord’s photographs show the premises needed cleaning throughout to bring it to a reasonable standard.
The garden was overgrown. Tenant Damage
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.
Where the damage is careless and is not covered by the landlord's insurance, the liability of a tenant paying an income-related rent is limited to four weeks' market rent as determined by the relevant legislation – which was $798.00 per week in this case. However, in my view this limitation applies to each act or omission which causes loss, and not as an aggregation of individual losses.
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.
The premises were newly built, and the tenant was the first occupant. Many of the walls in the premises were scratched, defaced or damaged. There were some holes in the walls. There was also damage to internal doors. The benchtop was burned and most of the carpets were stained and were replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has, quite properly, depreciated some of the claims. This results in a substantial discount for the tenant. The undepreciated cost for carpet replacement, for example, was more than $5,000.00.

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 5492189 — net $7,868.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs to walls	$658.74		Repairs to walls
Garden	$132.12		Garden
Toilet roll holder	$30.79		Toilet roll holder
Replace Kitchen shelving	$157.95		Replace Kitchen shelving
Repairs to benchtop	$1,426.17		Repairs to benchtop
Painting walls	$832.00		Painting walls
Painting doors	$246.00		Painting doors
Repair to internal wardrobe walls	$192.00		Repair to internal wardrobe walls
Replace carpets	$3,075.00		Replace carpets
Cleaning	$741.20		Cleaning
Rubbish removal	$656.84		Rubbish removal
Rent credit		$279.85	Rent credit
Total award	$8,148.81	$279.85
Net award	$7,868.96
Total payable by Tenant to Landlord	$7,868.96

Claims and awards for application 5492189 — net $7,868.96 NZD. Verify on MoJ.

Repairs to walls

Amount: $658.74
Awarded to: Landlord
Reason: Repairs to walls

Garden

Amount: $132.12
Awarded to: Landlord
Reason: Garden

Toilet roll holder

Amount: $30.79
Awarded to: Landlord
Reason: Toilet roll holder

Replace Kitchen shelving

Amount: $157.95
Awarded to: Landlord
Reason: Replace Kitchen shelving

Repairs to benchtop

Amount: $1,426.17
Awarded to: Landlord
Reason: Repairs to benchtop

Claim types — money lines allowed on this order

Cleanliness Property damage Rubbish Removal

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $7,868.96 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today. Calls to the tenant (using two different numbers) went to voicemail. I note that this was originally scheduled as an in- person hearing but was converted to a hearing by telephone yesterday at my instigation.
The landlord has applied for compensation following the end of the tenancy. There is a rent credit which has been applied in reduction of the landlord’s claim. Cleaning, Rubbish Removal, Gardening
The tenancy ended on 19 February 2026. 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.
There was rubbish left behind, mainly in the outdoor shed. The landlord’s photographs show the premises needed cleaning throughout to bring it to a reasonable standard.
The garden was overgrown. Tenant Damage
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.
Where the damage is careless and is not covered by the landlord's insurance, the liability of a tenant paying an income-related rent is limited to four weeks' market rent as determined by the relevant legislation – which was $798.00 per week in this case. However, in my view this limitation applies to each act or omission which causes loss, and not as an aggregation of individual losses.
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.
The premises were newly built, and the tenant was the first occupant. Many of the walls in the premises were scratched, defaced or damaged. There were some holes in the walls. There was also damage to internal doors. The benchtop was burned and most of the carpets were stained and were replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has, quite properly, depreciated some of the claims. This results in a substantial discount for the tenant. The undepreciated cost for carpet replacement, for example, was more than $5,000.00.

Tenancy Tribunal case 5492189 — Property damage at 6 Tofane Lane, Flat Bush, Auckland 2019

At a glance

Tenancy Tribunal case 5492189 — Property damage at 6 Tofane Lane, Flat Bush, Auckland 2019

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions