What was Tenancy Tribunal case 5502794 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Kāinga Ora–Homes and Communities $4,970.94

How much money was awarded in case 5502794?

Rubbish Removal: $4,970.94 awarded to landlord

What type of tenancy dispute was case 5502794?

The dispute type was not classified.

Where can I read the official tribunal order for case 5502794?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14057287-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5502794 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Kāinga Ora–Homes and Communities $4,970.94

How much money was awarded in case 5502794?

Rubbish Removal: $4,970.94 awarded to landlord

What type of tenancy dispute was case 5502794?

The dispute type was not classified.

Where can I read the official tribunal order for case 5502794?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14057287-Tenancy_Tribunal_Order.pdf.

44A Felix Street, Onehunga, Auckland 1061 Tenancy Tribunal Case 5502794 — Tenancy dispute

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5502794 — net $4,970.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs and rubbish removal	$4,970.94	Repairs and rubbish removal
Net award	$4,970.94
Total payable by Tenant to Landlord	$4,970.94

The landlord attended the hearing, the tenant did not attend the hearing. The tenant was sent a 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 following the end of the tenancy.

This was a tenancy that commenced on 8 March 2024 and terminated on 12 June 2025 after the tenant gave notice to end 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 the entry inspection and photos and the exit inspection and photos. The exit inspection and photos show the property was not left reasonably clean and tidy and had rubbish throughout the inside, outside and shed at the property.

The landlord provided invoices for the cost of the rubbish collection and removal costs. The costs were high due to the extreme amount of possessions, and rubbish left behind. The cost of the external rubbish removal, including the shed was $1969.44 and $1969.44 for the interior.

The property was left extremely dirty, and the landlord provided invoices of $162.46 to clean the stove, $102.13 to clean the kitchen cupboard and $428.95 for a full house clean.

The oven tray had to be replaced, and the landlord provided an invoice for the cost of $55.43.

I am satisfied that the landlord has proven their claims for the cleaning, tray replacement and rubbish removal.

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: -7 holes in the dining room walls, 2 in kitchen, one hole in the entry, stairway, bedroom 2 and 3. -Two doors in the living room and entry hall had to be replaced and 3 doors had to be repaired in the entry and bedroom 2. -The window in the shed was smashed and had to be replaced.

The exit inspection shows the damage to the walls and doors, which were extensive throughout the house.

The Tribunal finds that the tenant caused extensive and intentional damage to the premises, including multiple holes in the walls and damage to doors throughout the house. The landlord has completed the necessary repairs and provided itemised invoices for the work undertaken, as required by section 44A (2) of the Residential Tenancies Act 1986.

The tenant is ordered to reimburse the landlord the sum of $4970.94, being the reasonable and actual costs incurred by the landlord in repairing the damage.

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

The amounts ordered are proved.

The tenant has accepted the cost of the repairs to the property and has been repaying the debt to the landlord for a year now. The Tenant has paid $1394.57 in weekly repayments of $20.00 per week since August 2025.

The tenant had agreed to continue the $20.00 weekly repayment plan, due on Tuesday of each week, until the debt is paid. The next $20.00 payment is due on Tuesday 18 th August 2026.

For completeness, the actual and total costs of the repairs were $6365.51. After deducting the $1394.57 in payments towards the debt, the outstanding remaining debt owed is $4970.94.

I am satisfied that the landlord has proven all their claims relating to this tenancy.

Reasons

Claims and awards in Tenancy Tribunal application 5502794 — net $4,970.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs and rubbish removal	$4,970.94	Repairs and rubbish removal
Net award	$4,970.94
Total payable by Tenant to Landlord	$4,970.94

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

This was a tenancy that commenced on 8 March 2024 and terminated on 12 June 2025 after the tenant gave notice to end 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 property was left extremely dirty, and the landlord provided invoices of $162.46 to clean the stove, $102.13 to clean the kitchen cupboard and $428.95 for a full house clean.

The oven tray had to be replaced, and the landlord provided an invoice for the cost of $55.43.

I am satisfied that the landlord has proven their claims for the cleaning, tray replacement and rubbish removal.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The exit inspection shows the damage to the walls and doors, which were extensive throughout the house.

The tenant is ordered to reimburse the landlord the sum of $4970.94, being the reasonable and actual costs incurred by the landlord in repairing the damage.

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

The amounts ordered are proved.

The tenant had agreed to continue the $20.00 weekly repayment plan, due on Tuesday of each week, until the debt is paid. The next $20.00 payment is due on Tuesday 18 th August 2026.

For completeness, the actual and total costs of the repairs were $6365.51. After deducting the $1394.57 in payments towards the debt, the outstanding remaining debt owed is $4970.94.

I am satisfied that the landlord has proven all their claims relating to this tenancy.

Tenancy Tribunal case 5502794 — Tenancy dispute at 44A Felix Street, Onehunga, Auckland 1061

At a glance

Tenancy Tribunal case 5502794 — Tenancy dispute at 44A Felix Street, Onehunga, Auckland 1061

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

Reduce avoidable tribunal risk with proper tenant checks.

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

Reduce avoidable tribunal risk with proper tenant checks.