Published tribunal order
Tenancy Tribunal case 5207001 — Cleanliness at 62 Wymondley Road, Otara, Auckland 2025
Decided 4 Jul 2025 · Published 4 Jul 2025 · Application 5207001
Mixed / unclear
- Cleanliness
- Property damage
Order
- Tuaoloa Meanoa Fareni Ah Siu must pay Kāinga Ora–Homes And Communities $2314.92, as per the table below. Lock pick$42 cleaning$678.61 repairs$231.98 Rubbish removal$1362.33 TOTAL$2314.92
Reasons
- The tenancy the subject of this matter was previously terminated by the tribunal for abandonment.
- Only the landlord attended the hearing.
- 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) Residential Tenancies Act 1986.
- The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Photos shown to the tribunal show the premises being left in an extremely messy and untidy condition with rubbish and unwanted belongings strewn everywhere.
- The Landlord had to incur the cost of getting a lock pick to open the front door
- 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 evidence establishes that there were holes that needed to be filled in and repaired. There was also other damage as well but the landlord is only claiming the cost of the holes. The amount ordered above is proven.