Published tribunal order
Tenancy Tribunal case 5265879 — Rent arrears at 33D Tennessee Avenue, Mangere East, Auckland 2024
Decided 20 February 2026 · Published 20 February 2026 · Application 5265879
Landlord favoured
- Rent arrears
Order
- Meipo Tofa must pay Kāinga Ora–Homes And Communities $3,568.40 immediately, calculated as shown in table below.
Reasons
- Only the landlord attended the hearing.
- The landlord has applied for rent arrears and compensation with respect to the tenancy.
How much is owed for rent?
- The tenancy ended on 13/2/2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Did the tenant comply with their obligations during and 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. She requested a skip bin to remove rubbish during the tenancy and agreed to reimburse the landlord for this cost.
- The tenant lost her keys during the tenancy and agreed to pay the cost associated with replacing them.
- 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 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: several walls and doors had holes that required repair. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- I have not taken into account betterment and depreciation. The landlord has claimed only for the cost of plastering/repairing the holes.
- The landlord did not request reimbursement of the fling fee or name suppression so no orders are made.