What was the outcome of Tenancy Tribunal case 5337262?

The tribunal order states: Mau Lavinia Faleola must pay Kāinga Ora–Homes And Communities $4,330.29

How much money was awarded in case 5337262?

Cleaning: $760.65 awarded to landlord; Property Damage: $228.97 awarded to landlord; Rent Arrears: $2,253.57 awarded to landlord; Property Damage: $138.50 awarded to landlord; Rubbish Removal: $820.60 awarded to landlord; Skip Bin (During Tenancy: $350.00 awarded to landlord

What type of tenancy dispute was case 5337262?

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

Where can I read the official tribunal order for case 5337262?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13096324-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5337262?

The tribunal order states: Mau Lavinia Faleola must pay Kāinga Ora–Homes And Communities $4,330.29

How much money was awarded in case 5337262?

Cleaning: $760.65 awarded to landlord; Property Damage: $228.97 awarded to landlord; Rent Arrears: $2,253.57 awarded to landlord; Property Damage: $138.50 awarded to landlord; Rubbish Removal: $820.60 awarded to landlord; Skip Bin (During Tenancy: $350.00 awarded to landlord

What type of tenancy dispute was case 5337262?

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

Where can I read the official tribunal order for case 5337262?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13096324-Tribunal_Order.pdf.

7 Game Place, Red Hill, Papakura 2110 Tenancy Tribunal Case 5337262 — Rent arrears

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7 Game Place, Red Hill, Papakura 2110 Tenancy Tribunal Case 5337262 — Rent arrears | 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 5337262 — net $4,330.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,253.57	Rent arrears
Skip bin (during tenancy	$350.00	Skip bin (during tenancy
Cleaning: Hose, rangehood and stove top (part	$760.65	Cleaning: Hose, rangehood and stove top (part
Repairs: Wall damage	$138.50	Repairs: Wall damage
Rubbish removal	$820.60	Rubbish removal
Window repairs	$228.97	Window repairs
Net award	$4,330.29
Total payable by Tenant to Landlord	$4,330.29

Claims and awards for application 5337262 — net $4,330.29 NZD. Verify on MoJ.

Rent arrears

Amount: $2,253.57
Awarded to: Landlord
Reason: Rent arrears

Skip bin (during tenancy

Amount: $350.00
Awarded to: Landlord
Reason: Skip bin (during tenancy

Cleaning: Hose, rangehood and stove top (part

Amount: $760.65
Awarded to: Landlord
Reason: Cleaning: Hose, rangehood and stove top (part

Repairs: Wall damage

Amount: $138.50
Awarded to: Landlord
Reason: Repairs: Wall damage

Rubbish removal

Amount: $820.60
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears Rubbish Removal

Order

Mau Lavinia Faleola must pay Kāinga Ora–Homes And Communities $4,330.29 calculated as shown in table below.

The tenant must pay the debt in order [1] at the rate of $100.00 per fortnight.
The first payment must be made on Wednesday 25 February 2026 and payments must continue every second Wednesday until the debt is paid in full.
If the tenant fails to make any payment within 5 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
The Bond Centre is to pay the bond of $222.00 (3028375-005) to Kāinga Ora– Homes And Communities immediately.

Reasons

Both parties attended the hearing, conducted via video conference.
The landlord has applied for rent arrears, compensation, and refund of the bond.

How much is owed for rent?

This tenancy of over six years ended on 9 April 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The rent arrears as ordered was accepted by the tenant.

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.
The landlord provided invoices for cleaning ($678.61), over cleaning ($162.46) and rangehood cleaning ($52.04). There was also an invoice for rubbish removal ($820.60).
The photos were reviewed via the conferencing share function and the tenant accepted liability for the costs except for the oven clean. A close review of the supporting photos showed an oven and lower drawer in reasonable condition. The stovetop was stained around the front two elements. These were successfully removed by the cleaners. I have allocated $30.00 towards the proven cost to clean the stovetop around the elements. The balance of the cost is not proven and remains with the landlord.
A skip bin was provided by the landlord during the tenancy. The tenant had increased rent payments to reduce that debt over time. The extra rent has been allocated by the landlord to the rent arrears (therefore reducing it), leaving the skip bin cost of $350.00 as still due.
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: a. A window was cracked during the move out. The tenant accepted liability for the $228.39 cost of glass replacement. b. Three holes in walls were repaired at a cost of $138.50. The tenant accepted liability for the cost of repair.
The damage above is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The claims for compensation for costs for the wall repair behind the entry door and a replacement shower rose are dismissed as both are wear and tear costs that remain with the landlord.
The amounts ordered are proved.

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 5337262 — net $4,330.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,253.57	Rent arrears
Skip bin (during tenancy	$350.00	Skip bin (during tenancy
Cleaning: Hose, rangehood and stove top (part	$760.65	Cleaning: Hose, rangehood and stove top (part
Repairs: Wall damage	$138.50	Repairs: Wall damage
Rubbish removal	$820.60	Rubbish removal
Window repairs	$228.97	Window repairs
Net award	$4,330.29
Total payable by Tenant to Landlord	$4,330.29

Claims and awards for application 5337262 — net $4,330.29 NZD. Verify on MoJ.

Rent arrears

Amount: $2,253.57
Awarded to: Landlord
Reason: Rent arrears

Skip bin (during tenancy

Amount: $350.00
Awarded to: Landlord
Reason: Skip bin (during tenancy

Cleaning: Hose, rangehood and stove top (part

Amount: $760.65
Awarded to: Landlord
Reason: Cleaning: Hose, rangehood and stove top (part

Repairs: Wall damage

Amount: $138.50
Awarded to: Landlord
Reason: Repairs: Wall damage

Rubbish removal

Amount: $820.60
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears Rubbish Removal

Order

Mau Lavinia Faleola must pay Kāinga Ora–Homes And Communities $4,330.29 calculated as shown in table below.

The tenant must pay the debt in order [1] at the rate of $100.00 per fortnight.
The first payment must be made on Wednesday 25 February 2026 and payments must continue every second Wednesday until the debt is paid in full.
If the tenant fails to make any payment within 5 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
The Bond Centre is to pay the bond of $222.00 (3028375-005) to Kāinga Ora– Homes And Communities immediately.

Reasons

Both parties attended the hearing, conducted via video conference.
The landlord has applied for rent arrears, compensation, and refund of the bond.

How much is owed for rent?

This tenancy of over six years ended on 9 April 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The rent arrears as ordered was accepted by the tenant.

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.
The landlord provided invoices for cleaning ($678.61), over cleaning ($162.46) and rangehood cleaning ($52.04). There was also an invoice for rubbish removal ($820.60).
The photos were reviewed via the conferencing share function and the tenant accepted liability for the costs except for the oven clean. A close review of the supporting photos showed an oven and lower drawer in reasonable condition. The stovetop was stained around the front two elements. These were successfully removed by the cleaners. I have allocated $30.00 towards the proven cost to clean the stovetop around the elements. The balance of the cost is not proven and remains with the landlord.
A skip bin was provided by the landlord during the tenancy. The tenant had increased rent payments to reduce that debt over time. The extra rent has been allocated by the landlord to the rent arrears (therefore reducing it), leaving the skip bin cost of $350.00 as still due.
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: a. A window was cracked during the move out. The tenant accepted liability for the $228.39 cost of glass replacement. b. Three holes in walls were repaired at a cost of $138.50. The tenant accepted liability for the cost of repair.
The damage above is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The claims for compensation for costs for the wall repair behind the entry door and a replacement shower rose are dismissed as both are wear and tear costs that remain with the landlord.
The amounts ordered are proved.

Tenancy Tribunal case 5337262 — Rent arrears at 7 Game Place, Red Hill, Papakura 2110

At a glance

Tenancy Tribunal case 5337262 — Rent arrears at 7 Game Place, Red Hill, Papakura 2110

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