Published tribunal order
Tenancy Tribunal case 5142828 — Property damage at 31 Smeaton Drive, Raumanga, Whangarei 0110
Decided 30 Jul 2025 · Published 30 Jul 2025 · Application 5142828
Landlord favoured
- Property damage
Order
- Kamiria Hiku must pay Kāinga Ora–Homes And Communities $4,772.18 immediately, calculated as shown in table below:
Reasons
- The landlord attended the phone hearing. A call to the tenant’s last known mobile number went to voicemail. A call to the tenant’s mobile number as listed on the tenancy agreement went unanswered.
- The tenancy ended on 3 December 2024. The landlord has applied for compensation for repairs carried out, cleaning and rubbish removal.
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 of the Residential Tenancies Act 1986 (RTA).
- The landlord produced photographs taken on 18 February 2019, the day the tenancy commenced, showing the condition the premises was in at the start of the tenancy. The landlord also produced photographs taken on 4 December 2024 which show the condition the premises was in one day after the tenancy ended.
- Based on that evidence, I am satisfied the following damage was caused during the tenancy: a. Bedroom 1: two holes in the walls; b. Bedroom 2: three holes in the walls; c. Hallway: hole in wall inside cupboard; d. Toilet door: split frame around door latch requiring replacement of frame.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
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 RTA.
- The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
- The landlord produced photographs taken on 4 December 2024 which show the tenant did not leave the premises reasonably clean. The landlord produced evidence they incurred the cost of $678.61 to clean the 3 bedroom, 1 bathroom home.
- The amount ordered is proved.
- The photographs taken on 4 December 2024 also show a large amount of rubbish, clothing, furniture and rubbish were left inside and outside the premises. The landlord states 20 cubic metres of rubbish, belongings and furniture was removed from the exterior of the property at a cost of $3,282.40, and 16 cubic metres of rubbish, belongings and furniture was removed from the interior of the property, at a cost of $2,421.92.
- Those costs seem very high. At the hearing, the landlord agreed the amount charged seemed high, being over $5,500 for the removal of rubbish from the property.
- The cost of disposing of rubbish at the Whangarei District Council is $52 per cubic metre. 1 For the disposal of 20 cubic metres of exterior rubbish at the Council dump site, the cost would be $1,040. For the disposal of 16 cubic metres of interior rubbish at the Council dump site, the cost would be $832.
- I am satisfied there would be an additional cost for the labour in collecting the rubbish from the property and transporting it for disposal. The landlord was unable to say how long it took the contractor to collect and dispose of the rubbish. Given the amount visible in the photos provided, I award a nominal amount of $500 for that labour cost for removal of all rubbish.
- The amounts ordered are proved.