What was Tenancy Tribunal case 5493590 about?

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

How much money was awarded in case 5493590?

Cleaning: $165.86 awarded to landlord; Doors: $434.02 awarded to landlord; Walls: $322.80 awarded to landlord; Rubbish Removal: $179.25 awarded to landlord

What type of tenancy dispute was case 5493590?

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

Where can I read the official tribunal order for case 5493590?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13866218-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5493590 about?

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

How much money was awarded in case 5493590?

Cleaning: $165.86 awarded to landlord; Doors: $434.02 awarded to landlord; Walls: $322.80 awarded to landlord; Rubbish Removal: $179.25 awarded to landlord

What type of tenancy dispute was case 5493590?

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

Where can I read the official tribunal order for case 5493590?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13866218-Tenancy_Tribunal_Order.pdf.

73A McCullough Avenue, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 5493590 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5493590 — net $1,101.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: oven/stove	$165.86	Cleaning: oven/stove
Rubbish removal	$179.25	Rubbish removal
Repairs: doors	$434.02	Repairs: doors
Repairs: walls	$322.80	Repairs: walls
Net award	$1,101.93
Total payable by Tenant to Landlord	$1,101.93

Only the landlord attended the hearing, which was conducted by videoconference. The tenant did not join the video meeting at the scheduled time and could not be contacted by telephone. As the tenant has been notified, the hearing proceeded.

This tenancy began on 10 August 2006 and ended on 11 February 2026, after the tenant gave notice. The landlord has applied for compensation following the end of the tenancy.

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) of the Residential Tenancies Act 1986 (the RTA).

The landlord seeks cleaning (stove/oven cleaning) and rubbish removal costs. The landlord has produced an inspection report with photographic evidence showing the condition of the premises at the end of the tenancy. This evidence establishes that the tenant did not leave the stove/oven in a reasonably clean condition, and did not remove all rubbish.

The amounts ordered are proved. Compensation for tenant damage General principles regarding responsibility for damage

The landlord seeks compensation for tenant damage. To be successful in such claims, 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 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) of the 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) of the 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) of the 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) of the 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.

When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. The landlord’s claim for tenant damage

On the basis of the landlord’s evidence, I am satisfied that the following damage was caused during the tenancy: • Doors: two doors were damaged in bedroom 1, and, due to the extent of damage, had to be replaced, at a cost of $434.02. • Walls: with reference to the photographs provided, the landlord states there were holes on multiple walls throughout the premises. These holes were located in the living room, entry/hallway, bedroom 1 and laundry. The total cost of repairing the wall damage was $322.80.

The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

As the claims have been established, the amounts sought are awarded above.

In determining the quantum of compensation, betterment and depreciation has been taken into account. Filing fee and name suppression

While successful, the landlord does not seek the filing fee or name suppression.

Reasons

Claims and awards in Tenancy Tribunal application 5493590 — net $1,101.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: oven/stove	$165.86	Cleaning: oven/stove
Rubbish removal	$179.25	Rubbish removal
Repairs: doors	$434.02	Repairs: doors
Repairs: walls	$322.80	Repairs: walls
Net award	$1,101.93
Total payable by Tenant to Landlord	$1,101.93

This tenancy began on 10 August 2006 and ended on 11 February 2026, after the tenant gave notice. The landlord has applied for compensation following the end of the tenancy.

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

The amounts ordered are proved. Compensation for tenant damage General principles regarding responsibility for damage

The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

As the claims have been established, the amounts sought are awarded above.

In determining the quantum of compensation, betterment and depreciation has been taken into account. Filing fee and name suppression

While successful, the landlord does not seek the filing fee or name suppression.

Tenancy Tribunal case 5493590 — Property damage at 73A McCullough Avenue, Mount Roskill, Auckland 1041

At a glance

Tenancy Tribunal case 5493590 — Property damage at 73A McCullough Avenue, Mount Roskill, Auckland 1041

At a glance

Award balance

Claims & awards

Order

Reasons

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

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions