What was Tenancy Tribunal case 5497010 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes and Communities $3,908.21

How much money was awarded in case 5497010?

Cleaning: $797.01 awarded to landlord; Lawns and Garden Work: $800.00 awarded to landlord; Hole In Wall: $41.04 awarded to landlord; Walls and Doors: $650.00 awarded to landlord; Rubbish Removal: $1,620.16 awarded to landlord

What type of tenancy dispute was case 5497010?

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

Where can I read the official tribunal order for case 5497010?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13850015-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5497010 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes and Communities $3,908.21

How much money was awarded in case 5497010?

Cleaning: $797.01 awarded to landlord; Lawns and Garden Work: $800.00 awarded to landlord; Hole In Wall: $41.04 awarded to landlord; Walls and Doors: $650.00 awarded to landlord; Rubbish Removal: $1,620.16 awarded to landlord

What type of tenancy dispute was case 5497010?

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

Where can I read the official tribunal order for case 5497010?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13850015-Tenancy_Tribunal_Order.pdf.

99 Taurus Crescent, Beach Haven, Auckland 0626 Tenancy Tribunal Case 5497010 — Cleanliness

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5497010 — net $3,908.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: repainting walls and doors	$650.00	Repairs: repainting walls and doors
Cleaning	$797.01	Cleaning
Repairs: Hole in wall	$41.04	Repairs: Hole in wall
Rubbish removal	$1,620.16	Rubbish removal
Lawns and Garden work	$800.00	Lawns and Garden work
Net award	$3,908.21
Total payable by Tenant to Landlord	$3,908.21

[The tenant/s] must pay Kāinga Ora–Homes and Communities $3,908.21 immediately for vacated costs, as calculated and shown in table below: DescriptionLandlord Repairs: repainting walls and doors$650.00 Cleaning$797.01 Repairs: Hole in wall$41.04 Rubbish removal$1,620.16 Lawns and Garden work$800.00 Total award$3,908.21 Total payable by Tenant to Landlord$3,908.21

Kāinga Ora–Homes and Communities must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord attended the hearing, the tenant did not attend. The tenant has been served with the notice of hearing and has not communicated with the Tribunal seeking an adjournment. I am proceeding with the hearing in the absence of the tenant.

The landlord has applied for compensation and disposal of the tenants’ possessions left at the property 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) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1) (ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord provided the Tribunal with an exit inspection report and photos that show the condition of the property at the end of the tenancy. The report and photos show that the tenant did not leave the property reasonably clean and tidy with rubbish inside and outside the house, and lawns badly overgrown.

The landlord has provided a detailed invoice for the costs of the cleaning, rubbish removal and lawn mowing. I am satisfied that the landlord has proven their claims for cleaning, rubbish removal and lawn mowing costs as set out in their invoice.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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: -Hole in the kitchen wall. -Stickers covering walls in the living room, dining room, hallway, and bedroom 1 and internal doors, scuffs and damage to paint.

The landlord provided an entry and exit inspection reports and photos. The photos from both the pre let and exit inspection show that the damage to the walls and internal doors occurred during this tenancy.

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

The landlord has provided a detailed invoice of costs of the work to remedy the damage to the property.

I am satisfied that the damage occurred during this tenancy and was caused by the tenant or people who had her authority to be in the property. The costs are fair and reasonable.

The amounts ordered are proved.

The landlord has 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, the landlord has taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. The amounts claimed by the landlord are minus depreciation. Disposal of goods:

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy. The landlord is unable to contact the tenant.

The landlord advised that they have attempted on numerous occasions to communicate with the tenant to engage with her to remove her property, to no avail. Prior to this application the tenant had been in regular almost daily contact with the landlord. Despite efforts to communicate with the tenant to remove her property, the property remains in storage.

The landlord had to incur the cost of transporting the tenant’s property to a storage facility on 20 March 2026, after the end of the tenancy. The cost of storing the tenant’s property has accrued.

It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting, and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B (2) and (3) Residential Tenancies Act 1986.

The landlord may dispose of the tenant’s property as they see fit.

Order

Claims and awards in Tenancy Tribunal application 5497010 — net $3,908.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: repainting walls and doors	$650.00	Repairs: repainting walls and doors
Cleaning	$797.01	Cleaning
Repairs: Hole in wall	$41.04	Repairs: Hole in wall
Rubbish removal	$1,620.16	Rubbish removal
Lawns and Garden work	$800.00	Lawns and Garden work
Net award	$3,908.21
Total payable by Tenant to Landlord	$3,908.21

Kāinga Ora–Homes and Communities must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord has applied for compensation and disposal of the tenants’ possessions left at the property following the end of the tenancy.

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

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

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

The landlord has provided a detailed invoice of costs of the work to remedy the damage to the property.

I am satisfied that the damage occurred during this tenancy and was caused by the tenant or people who had her authority to be in the property. The costs are fair and reasonable.

The amounts ordered are proved.

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy. The landlord is unable to contact the tenant.

The landlord may dispose of the tenant’s property as they see fit.

Tenancy Tribunal case 5497010 — Cleanliness at 99 Taurus Crescent, Beach Haven, Auckland 0626

At a glance

Tenancy Tribunal case 5497010 — Cleanliness at 99 Taurus Crescent, Beach Haven, 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