What was the outcome of Tenancy Tribunal case 5171171?

The tribunal order states: Tauaki Katarina Tehira Bidois must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5171171?

Filing Fee: $27.00 awarded to landlord; Rubbish Removal: $783.03 awarded to landlord; Walls and Doors: $1,281.88 awarded to landlord

What type of tenancy dispute was case 5171171?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5171171?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11880934-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5171171?

The tribunal order states: Tauaki Katarina Tehira Bidois must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5171171?

Filing Fee: $27.00 awarded to landlord; Rubbish Removal: $783.03 awarded to landlord; Walls and Doors: $1,281.88 awarded to landlord

What type of tenancy dispute was case 5171171?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5171171?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11880934-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2H, 10 Princes Street, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5171171 — Property damage

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Unit/Flat 2H, 10 Princes Street, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5171171 — 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 5171171 — net $2,091.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal and cleaning	$783.03	Rubbish removal and cleaning
Repairs to walls and doors	$1,281.88	Repairs to walls and doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,091.91
Total payable by Tenant to Landlord	$2,091.91

Claims and awards for application 5171171 — net $2,091.91 NZD. Verify on MoJ.

Rubbish removal and cleaning

Amount: $783.03
Awarded to: Landlord
Reason: Rubbish removal and cleaning

Repairs to walls and doors

Amount: $1,281.88
Awarded to: Landlord
Reason: Repairs to walls and doors

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,091.91

Total payable by Tenant to Landlord

Landlord $2,091.91

Claim types — money lines allowed on this order

Filing Fee Rubbish Removal Property damage

Order

Tauaki Katarina Tehira Bidois must pay Kāinga Ora–Homes And Communities $2,091.91 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 22 May 2025. The tenant did not.
The landlord has applied for compensation following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. 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 landlord submitted photographs of the premises taken at the end of the tenancy. These photographs show the tenant left rubbish, personal and miscellaneous household items behind at the end of the tenancy. The premises have not been cleaned. On the basis of these photographs, I find the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord has had the rubbish and belongings removed. The landlord has also had the premises cleaned. The landlord submitted a copy of a work order, which proves the cost for this was $919.31. The landlord only seeks compensation of $783.03, because the tenant was in a rent credit of $162.46 at the end of the tenancy.
The landlord’s claim for compensation for cleaning and rubbish removal is granted for $783.03.

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. See sections 40(2)(a), 41 and 49B RTA.
The landlord submitted photographs of the premises taken at the end of the tenancy. These photographs show multiple holes in the walls and internal doors. The tenant has attempted to repair some holes, but the repair work is unprofessional and obvious. The landlord claims the damage occurred during the tenancy. I accept the landlord’s evidence on this point.
On the balance of probabilities, I find that multiple walls and internal doors were damaged during the tenancy. The damage is more than fair wear and tear and the tenant has not disproved liability.
The landlord submitted a work order, which proves the repair cost is $1,281.88. The landlord’s claim for compensation to repair the walls and doors is granted for $1,281.88.
All of the amounts ordered above are proved.
I have 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, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

FILING FEE

Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

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 5171171 — net $2,091.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal and cleaning	$783.03	Rubbish removal and cleaning
Repairs to walls and doors	$1,281.88	Repairs to walls and doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,091.91
Total payable by Tenant to Landlord	$2,091.91

Claims and awards for application 5171171 — net $2,091.91 NZD. Verify on MoJ.

Rubbish removal and cleaning

Amount: $783.03
Awarded to: Landlord
Reason: Rubbish removal and cleaning

Repairs to walls and doors

Amount: $1,281.88
Awarded to: Landlord
Reason: Repairs to walls and doors

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,091.91

Total payable by Tenant to Landlord

Landlord $2,091.91

Claim types — money lines allowed on this order

Filing Fee Rubbish Removal Property damage

Order

Tauaki Katarina Tehira Bidois must pay Kāinga Ora–Homes And Communities $2,091.91 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 22 May 2025. The tenant did not.
The landlord has applied for compensation following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. 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 landlord submitted photographs of the premises taken at the end of the tenancy. These photographs show the tenant left rubbish, personal and miscellaneous household items behind at the end of the tenancy. The premises have not been cleaned. On the basis of these photographs, I find the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord has had the rubbish and belongings removed. The landlord has also had the premises cleaned. The landlord submitted a copy of a work order, which proves the cost for this was $919.31. The landlord only seeks compensation of $783.03, because the tenant was in a rent credit of $162.46 at the end of the tenancy.
The landlord’s claim for compensation for cleaning and rubbish removal is granted for $783.03.

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. See sections 40(2)(a), 41 and 49B RTA.
The landlord submitted photographs of the premises taken at the end of the tenancy. These photographs show multiple holes in the walls and internal doors. The tenant has attempted to repair some holes, but the repair work is unprofessional and obvious. The landlord claims the damage occurred during the tenancy. I accept the landlord’s evidence on this point.
On the balance of probabilities, I find that multiple walls and internal doors were damaged during the tenancy. The damage is more than fair wear and tear and the tenant has not disproved liability.
The landlord submitted a work order, which proves the repair cost is $1,281.88. The landlord’s claim for compensation to repair the walls and doors is granted for $1,281.88.
All of the amounts ordered above are proved.
I have 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, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

FILING FEE

Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5171171 — Property damage at Unit/Flat 2H, 10 Princes Street, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5171171 — Property damage at Unit/Flat 2H, 10 Princes Street, Otahuhu, Auckland 1062

At a glance

Award balance

Claims & awards

Order

Reasons

TENANCY?

DAMAGE

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

TENANCY?

DAMAGE

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions