What was the outcome of Tenancy Tribunal case 5343691?

The tribunal order states: Malany Kayla Merika Ngature must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5343691?

Cleaning: $692.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Painting: $1,500.00 awarded to landlord; Plastering Holes In Walls: $450.55 awarded to landlord; Replace Carpet: $648.00 awarded to landlord; Replace Curtains: $291.00 awarded to landlord

What type of tenancy dispute was case 5343691?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5343691?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13132003-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5343691?

The tribunal order states: Malany Kayla Merika Ngature must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5343691?

Cleaning: $692.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Painting: $1,500.00 awarded to landlord; Plastering Holes In Walls: $450.55 awarded to landlord; Replace Carpet: $648.00 awarded to landlord; Replace Curtains: $291.00 awarded to landlord

What type of tenancy dispute was case 5343691?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5343691?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13132003-Tenancy_Tribunal_Order.pdf.

11 Taroa Lane, New Lynn, Auckland 0600 Tenancy Tribunal Case 5343691 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5343691 — net $3,610.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$692.75	Cleaning
Replace curtains	$291.00	Replace curtains
Replace carpet	$648.00	Replace carpet
Painting	$1,500.00	Painting
Plastering holes in walls	$450.55	Plastering holes in walls
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,610.30
Total payable by Tenant to Landlord	$3,610.30

The landlord attended the hearing on 13 February 2026. The tenant did not.

The landlord has applied for compensation following the end of the tenancy.

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Did the tenant leave the premises reasonably clean and tidy?

At the end of the tenancy, the tenant must leave the premises reasonable clean and tidy. 1

The photographs taken at the end of the tenancy prove the tenant did not leave the premises reasonably clean and tidy. There are drawings on the walls, stains on the carpet and marks on the floor. The bathroom has not been cleaned and there is a puddle of water on the floor.

The landlord’s claim for compensation for cleaning is granted for $692.75. The landlord submitted a work order for this amount.

Did the tenant leave all chattels provided to them at the end of the tenancy?

At the end of the tenancy, the tenant must leave all chattels provided to them by the landlord for the use of the tenant. 2

The photographs taken at the beginning of the tenancy show curtains are present in the living room. The photographs taken at the end show the curtains are missing. I find that curtains were provided to the tenant at the beginning of the tenancy and not returned at the end.

The landlord’s claim for compensation to replace the curtains is granted for $291.00. The landlord submitted a work order for this amount.

The landlord gave evidence the curtains were new at the beginning of the tenancy. Therefore, I do not make a reduction for betterment and depreciation. Is the tenant responsible for damage that occurred at the premises during the tenancy?

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. 3 Carpet

The photographs taken at the beginning of the tenancy show the carpet to be in good condition without any significant stains or marks. The photographs taken at the end show the carpet in the living room is heavily stained. 1 Residential Tenancies Act 1986, section 40(1)(e)(iii). 2 Residential Tenancies Act 1986, section 40(1)(e)(v). 3 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B.

I find the carpet was damaged during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.

I accept the landlord’s claim that the damage was so bad, replacement of the carpet was the only option.

The landlord submitted a work order for $810.18 to replace the carpet. The landlord seeks $648.00 of this in recognition of the fact the carpet was a couple of years old at the end of the tenancy. The amount sought seems reasonable. The estimated useful lifespan of carpet is 8 years according to Inland Revenue’s General Depreciation Rates IR264.

The landlord’s claim for compensation in respect of the carpet is granted for $648.00. Painting

The photographs taken at the beginning of the tenancy show the walls to be in good condition. There are no significant marks or stains. The photographs taken at the end show general discolouration to the walls, marks, holes and some drawings.

I find the walls were damaged during the tenancy however, some of the damage does not exceed fair wear and tear. The tenancy was only two years long however, there were a large number of people living in the premises, which are relatively small. The tenant has since been relocated to a 4 bedroom home. Premises will deteriorate at a higher and faster rate with more people living in them, especially if the premises are small.

I find some of the discolouration to the walls to be fair wear and tear. The rest of the marks, holes and drawings exceed fair wear and tear. The tenant has not disproved liability for this damage.

The landlord submitted work orders for: a. Plastering: $450.55 b. Painting: $2,071.78

The landlord’s claim for compensation for plastering the holes in the walls is granted for $450.55.

The tenant is only responsible for a portion of the painting invoice. This is because I have found some of the discolouration to the walls to be fair wear and tear. Regard also has to be made to the principles of betterment and depreciation. The landlord claims the premises were last painted in 2023.

I find $1,500.00 to be a reasonable amount of compensation the tenant should pay the landlord for internal painting.

The landlord’s claim for compensation for painting is granted for $1,500.00. Filing fee

Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5343691 — net $3,610.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$692.75	Cleaning
Replace curtains	$291.00	Replace curtains
Replace carpet	$648.00	Replace carpet
Painting	$1,500.00	Painting
Plastering holes in walls	$450.55	Plastering holes in walls
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,610.30
Total payable by Tenant to Landlord	$3,610.30

Order

Malany Kayla Merika Ngature must pay Kāinga Ora–Homes And Communities $3,610.30 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 13 February 2026. The tenant did not.
The landlord has applied for compensation following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Did the tenant leave the premises reasonably clean and tidy?

At the end of the tenancy, the tenant must leave the premises reasonable clean and tidy. 1
The photographs taken at the end of the tenancy prove the tenant did not leave the premises reasonably clean and tidy. There are drawings on the walls, stains on the carpet and marks on the floor. The bathroom has not been cleaned and there is a puddle of water on the floor.
The landlord’s claim for compensation for cleaning is granted for $692.75. The landlord submitted a work order for this amount.

Did the tenant leave all chattels provided to them at the end of the tenancy?

At the end of the tenancy, the tenant must leave all chattels provided to them by the landlord for the use of the tenant. 2
The photographs taken at the beginning of the tenancy show curtains are present in the living room. The photographs taken at the end show the curtains are missing. I find that curtains were provided to the tenant at the beginning of the tenancy and not returned at the end.
The landlord’s claim for compensation to replace the curtains is granted for $291.00. The landlord submitted a work order for this amount.
The landlord gave evidence the curtains were new at the beginning of the tenancy. Therefore, I do not make a reduction for betterment and depreciation. Is the tenant responsible for damage that occurred at the premises during the tenancy?
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. 3 Carpet
The photographs taken at the beginning of the tenancy show the carpet to be in good condition without any significant stains or marks. The photographs taken at the end show the carpet in the living room is heavily stained. 1 Residential Tenancies Act 1986, section 40(1)(e)(iii). 2 Residential Tenancies Act 1986, section 40(1)(e)(v). 3 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B.
I find the carpet was damaged during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.
I accept the landlord’s claim that the damage was so bad, replacement of the carpet was the only option.
The landlord submitted a work order for $810.18 to replace the carpet. The landlord seeks $648.00 of this in recognition of the fact the carpet was a couple of years old at the end of the tenancy. The amount sought seems reasonable. The estimated useful lifespan of carpet is 8 years according to Inland Revenue’s General Depreciation Rates IR264.
The landlord’s claim for compensation in respect of the carpet is granted for $648.00. Painting
The photographs taken at the beginning of the tenancy show the walls to be in good condition. There are no significant marks or stains. The photographs taken at the end show general discolouration to the walls, marks, holes and some drawings.
I find the walls were damaged during the tenancy however, some of the damage does not exceed fair wear and tear. The tenancy was only two years long however, there were a large number of people living in the premises, which are relatively small. The tenant has since been relocated to a 4 bedroom home. Premises will deteriorate at a higher and faster rate with more people living in them, especially if the premises are small.
I find some of the discolouration to the walls to be fair wear and tear. The rest of the marks, holes and drawings exceed fair wear and tear. The tenant has not disproved liability for this damage.
The landlord submitted work orders for: a. Plastering: $450.55 b. Painting: $2,071.78
The landlord’s claim for compensation for plastering the holes in the walls is granted for $450.55.
The tenant is only responsible for a portion of the painting invoice. This is because I have found some of the discolouration to the walls to be fair wear and tear. Regard also has to be made to the principles of betterment and depreciation. The landlord claims the premises were last painted in 2023.
I find $1,500.00 to be a reasonable amount of compensation the tenant should pay the landlord for internal painting.
The landlord’s claim for compensation for painting is granted for $1,500.00. Filing fee
Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5343691 — Cleanliness at 11 Taroa Lane, New Lynn, Auckland 0600

At a glance

Tenancy Tribunal case 5343691 — Cleanliness at 11 Taroa Lane, New Lynn, Auckland 0600

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant leave the premises reasonably clean and tidy?

Did the tenant leave all chattels provided to them 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 leave the premises reasonably clean and tidy?

Did the tenant leave all chattels provided to them at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions