What was the outcome of Tenancy Tribunal case 5266080?

The tribunal order states: Margaret Janice Potatau must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5266080?

Cleaning: $995.24 awarded to landlord; Property Damage: $130.02 awarded to landlord; Rent Arrears: $106.29 awarded to landlord

What type of tenancy dispute was case 5266080?

The primary dispute was Cleanliness. Related themes: Property damage, Rent arrears.

Where can I read the official tribunal order for case 5266080?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12313675-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5266080?

The tribunal order states: Margaret Janice Potatau must pay Kāinga Ora–Homes and Communities

How much money was awarded in case 5266080?

Cleaning: $995.24 awarded to landlord; Property Damage: $130.02 awarded to landlord; Rent Arrears: $106.29 awarded to landlord

What type of tenancy dispute was case 5266080?

The primary dispute was Cleanliness. Related themes: Property damage, Rent arrears.

Where can I read the official tribunal order for case 5266080?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12313675-Tenancy_Tribunal_Order.pdf.

99 Gray Avenue, Mangere East, Auckland 2024 Tenancy Tribunal Case 5266080 — Cleanliness

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Reasons

Claims and awards in Tenancy Tribunal application 5266080 — net $1,231.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 8 April 2025	$106.29	Rent arrears (to 8 April 2025
Cleaning	$995.24	Cleaning
Repairs	$130.02	Repairs
Net award	$1,231.55
Total payable by Tenant to Landlord	$1,231.55

The hearing proceeded by way of telephone conference. Ms Leota, Tribunal Adviser, appeared for the landlord. Unsuccessful attempts were made to join the tenant to the hearing. The Tribunal was satisfied that the tenant was properly served with the notice of hearing and the case proceeded in their absence.

The tenancy commenced on 6 August 2015 and was periodic. The tenancy ended on 8 April 2025 after the tenant gave 21 days’ notice to vacate.

On 16 May 2025, the landlord filed an application seeking rent arrears and compensation following the end of the tenancy. Relevant legal considerations

The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).

With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.

That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities.” The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.

This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

How much is owed for rent?

The tenancy ended on 8 April 2025 when the tenant returned the keys to the property to the landlord. The landlord provided up to date rent records. The amount owing at the end of the tenancy totalled $106.29. The amount claimed is ordered.

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. See section 40(1)(e)(ii)-(v) of the Act.

The landlord seeks compensation of $995.24 for cleaning costs and provided a detailed maintenance work order specifying the costs as detailed in the table below: i. Kitchen cupboard clean - $102.13 ii. Stove clean - $162.46 iii. Rangehood clean - $52.04 iv. Cleaning of the five bedrooms and two bathrooms - $678.61.

The landlord provided end of tenancy photographs which showed the condition of the property at the end of the tenancy. The photographs show the property has been cleared of most of the tenant’s possession and the rubbish has been removed. However, the kitchen cupboards are obviously soiled, the stove is grease stained, and the rangehood is greasy and the filters stained yellow. The interior of the property has not been cleaned. There is obvious dust and fluff on the carpet, marks on the walls, the bathroom cupboards are soiled, the shower trays are not clean and soap scum is evident, the tiled floors have not been washed and the laundry tub is obviously dirty.

There are no pre-tenancy inspection photographs or pre-tenancy inspection reports. However, on this occasion, given the duration of the tenancy, the tribunal is satisfied on the balance of probabilities that the tenant did not leave the premises reasonably clean and tidy, the amount claimed is awarded.

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 Act.

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

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) of the Act. 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 Act.

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 Act.

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. Damage to the property prior to the end of the tenancy

The landlord seeks an order from the Tribunal in the amount of $578.46 for damage sustained to the property, prior to the end of the tenancy which the tenant is currently repaying at the rate of $10.00 per week.

The landlord provided the Tribunal with a Damage Statement payment schedule which they say proves the tenant has accepted liability for the amount claimed. Decision and Analysis

There is no evidence before the Tribunal to prove the damage(s) the landlord say were caused by the tenant prior to the end of the tenancy.

There is no evidence before the Tribunal to prove the cost(s) of the repair(s) required to fix the damage.

There is no evidence before the Tribunal proving the tenant has accepted liability for the damage and the repair cost(s) beyond the Damage Statement payment schedule. The Tribunal would have expected the landlord to have provided the Tribunal with the “authorisation for repairs to the damage at my tenancy” form for each specific claim for damage that the tenant accepted liability for.

The landlord told the Tribunal that the payment arrangement between themselves and the tenant for the debt was informal.

Given the lack of evidence the Tribunal declines to make the order sought. Vacated Damages

The landlord seeks compensation for damage caused to the property at the end of the tenancy and provided end of tenancy photographs to support their claim. The photographs show holes in the walls of bedroom one and bedroom three. The holes in bedroom one are located underneath the window and by the door. The hole in bedroom three is located behind the door. The landlord provided the maintenance work order which specified the cost of the repair to bedroom one totalled $86.68 and the cost of the repair to bedroom two totalled $43.34.

There are no pre-tenancy inspection photographs showing the condition of the property at the commencement of the tenancy. However, the landlord provided the Tribunal with the damages statement for the property which shows the landlord undertook repairs to the property when damage was discovered. In addition, the landlord provided a signed copy of the “authorisation for repairs to the damage at my tenancy” in which the tenant accepted liability for vacated damage to the property at the end of their tenancy.

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 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.

In this case considering the age and condition of the property, betterment and depreciation and the work undertaken by the landlord to refurbish the property, no adjustment is made to the amount ordered.

Reasons

Claims and awards in Tenancy Tribunal application 5266080 — net $1,231.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 8 April 2025	$106.29	Rent arrears (to 8 April 2025
Cleaning	$995.24	Cleaning
Repairs	$130.02	Repairs
Net award	$1,231.55
Total payable by Tenant to Landlord	$1,231.55

The tenancy commenced on 6 August 2015 and was periodic. The tenancy ended on 8 April 2025 after the tenant gave 21 days’ notice to vacate.

On 16 May 2025, the landlord filed an application seeking rent arrears and compensation following the end of the tenancy. Relevant legal considerations

The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).

With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.

This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

How much is owed for rent?

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. See section 40(1)(e)(ii)-(v) of the Act.

Is the tenant responsible for the damage to the premises?

The landlord provided the Tribunal with a Damage Statement payment schedule which they say proves the tenant has accepted liability for the amount claimed. Decision and Analysis

There is no evidence before the Tribunal to prove the damage(s) the landlord say were caused by the tenant prior to the end of the tenancy.

There is no evidence before the Tribunal to prove the cost(s) of the repair(s) required to fix the damage.

The landlord told the Tribunal that the payment arrangement between themselves and the tenant for the debt was informal.

Given the lack of evidence the Tribunal declines to make the order sought. Vacated Damages

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Tenancy Tribunal case 5266080 — Cleanliness at 99 Gray Avenue, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 5266080 — Cleanliness at 99 Gray Avenue, Mangere East, Auckland 2024

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions