What was the outcome of Tenancy Tribunal case 5257939?

The tribunal order states: Elijah Tiare Ngariki-Collins must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5257939?

Cleaning: $162.46 awarded to landlord; Lawns and Garden Work: $96.45 awarded to landlord; Rent Credit: $172.00 awarded to tenant; To Walls: $395.88 awarded to landlord; Rubbish Removal: $656.48 awarded to landlord

What type of tenancy dispute was case 5257939?

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

Where can I read the official tribunal order for case 5257939?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12217569-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5257939?

The tribunal order states: Elijah Tiare Ngariki-Collins must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5257939?

Cleaning: $162.46 awarded to landlord; Lawns and Garden Work: $96.45 awarded to landlord; Rent Credit: $172.00 awarded to tenant; To Walls: $395.88 awarded to landlord; Rubbish Removal: $656.48 awarded to landlord

What type of tenancy dispute was case 5257939?

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

Where can I read the official tribunal order for case 5257939?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12217569-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 40 Frobisher Way, Clendon Park, Auckland Tenancy Tribunal Case 5257939 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5257939 — net $1,139.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Oven/stove cleaning	$162.46		Oven/stove cleaning
Rubbish removal	$656.48		Rubbish removal
Lawns and garden work	$96.45		Lawns and garden work
Repairs: to walls	$395.88		Repairs: to walls
Rent credit		$172.00	Rent credit
Total award	$1,311.27	$172.00
Net award	$1,139.27
Total payable by Tenant to Landlord	$1,139.27

Only the landlord, represented by Mr Temu, attended the hearing. The tenant had been given permission to attend by telephone, and the number to call was provided, but the tenant did not call into the hearing room at the appointed time. Calls to the tenant’s mobile phone went to voicemail. As the tenant has been notified, the hearing proceeded.

The landlord has applied for compensation following the end of the tenancy. The landlord advises there is no bond. Rent

The tenancy ended on 1 April 2025, after the tenant gave notice. The landlord advises there is a rent credit, as shown in its rent summary. This is recorded above.

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 Residential Tenancies Act 1986 (the RTA).

The landlord claims oven cleaning, rubbish removal and lawnmowing costs. The landlord has produced inspection reports with photographic evidence showing the condition of the premises at the start of the tenancy, and when the tenancy ended. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The oven needed further cleaning, and the lawn needed mowing.

At the end of the tenancy there were large items stored in the shed, and left outside the house, including a sofa, mattresses, wooden frames, large boxes, and other rubbish. The landlord had to arrange for removal and disposal of the four cubic metres of rubbish. A work order confirming this cost has been provided.

The amounts ordered are proved. General principles regarding responsibility for damage

The landlord seeks compensation for tenant damage. Where compensation for damage is being claimed, 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 RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) of the 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) of the 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.

When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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 age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. The landlord’s claim for compensation for tenant damage

On the basis of the landlord’s evidence, I am satisfied that the following damage was caused during the tenancy: • Walls: there was damage to walls in the living room and bedroom 1. • Door: the entry/hallway door was damaged.

The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. Filing fee and name suppression

While successful, the landlord does not seek the filing fee, or name suppression.

Claims and awards in Tenancy Tribunal application 5257939 — net $1,139.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Oven/stove cleaning	$162.46		Oven/stove cleaning
Rubbish removal	$656.48		Rubbish removal
Lawns and garden work	$96.45		Lawns and garden work
Repairs: to walls	$395.88		Repairs: to walls
Rent credit		$172.00	Rent credit
Total award	$1,311.27	$172.00
Net award	$1,139.27
Total payable by Tenant to Landlord	$1,139.27

Order

Elijah Tiare Ngariki-Collins must pay Kāinga Ora–Homes and Communities $1,139.27 immediately, calculated as shown in the table below.

Reasons

Only the landlord, represented by Mr Temu, attended the hearing. The tenant had been given permission to attend by telephone, and the number to call was provided, but the tenant did not call into the hearing room at the appointed time. Calls to the tenant’s mobile phone went to voicemail. As the tenant has been notified, the hearing proceeded.
The landlord has applied for compensation following the end of the tenancy. The landlord advises there is no bond. Rent
The tenancy ended on 1 April 2025, after the tenant gave notice. The landlord advises there is a rent credit, as shown in its rent summary. This is recorded above.

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 Residential Tenancies Act 1986 (the RTA).
The landlord claims oven cleaning, rubbish removal and lawnmowing costs. The landlord has produced inspection reports with photographic evidence showing the condition of the premises at the start of the tenancy, and when the tenancy ended. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The oven needed further cleaning, and the lawn needed mowing.
At the end of the tenancy there were large items stored in the shed, and left outside the house, including a sofa, mattresses, wooden frames, large boxes, and other rubbish. The landlord had to arrange for removal and disposal of the four cubic metres of rubbish. A work order confirming this cost has been provided.
The amounts ordered are proved. General principles regarding responsibility for damage
The landlord seeks compensation for tenant damage. Where compensation for damage is being claimed, 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 RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) of the 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) of the 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.
When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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 age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. The landlord’s claim for compensation for tenant damage
On the basis of the landlord’s evidence, I am satisfied that the following damage was caused during the tenancy: • Walls: there was damage to walls in the living room and bedroom 1. • Door: the entry/hallway door was damaged.
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. Filing fee and name suppression
While successful, the landlord does not seek the filing fee, or name suppression.

Tenancy Tribunal case 5257939 — Property damage at Unit/Flat 1, 40 Frobisher Way, Clendon Park, Auckland

At a glance

Tenancy Tribunal case 5257939 — Property damage at Unit/Flat 1, 40 Frobisher Way, Clendon Park, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions