What was the outcome of Tenancy Tribunal case 5347262?

The tribunal order states: Kenneth Frederick Kiro must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5347262?

Cleaning: $995.24 awarded to landlord; Lawns and Garden Work: $400.00 awarded to landlord; Rent Arrears: $340.00 awarded to landlord; Garage Roller Door Lock: $102.94 awarded to landlord; Property Damage: $843.32 awarded to landlord; Window Ranchslider And Lounge Window: $1,179.47 awarded to landlord; Rubbish Removal: $2,227.15 awarded to landlord

What type of tenancy dispute was case 5347262?

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

Where can I read the official tribunal order for case 5347262?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13040138-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5347262?

The tribunal order states: Kenneth Frederick Kiro must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5347262?

Cleaning: $995.24 awarded to landlord; Lawns and Garden Work: $400.00 awarded to landlord; Rent Arrears: $340.00 awarded to landlord; Garage Roller Door Lock: $102.94 awarded to landlord; Property Damage: $843.32 awarded to landlord; Window Ranchslider And Lounge Window: $1,179.47 awarded to landlord; Rubbish Removal: $2,227.15 awarded to landlord

What type of tenancy dispute was case 5347262?

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

Where can I read the official tribunal order for case 5347262?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13040138-Tenancy_Tribunal_Order.pdf.

281 Roscommon Road, Clendon Park, Auckland 2103 Tenancy Tribunal Case 5347262 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5347262 — net $6,088.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$340.00	Rent arrears
Cleaning	$995.24	Cleaning
Repairs: Plastering and repairing walls	$843.32	Repairs: Plastering and repairing walls
Repairs: Window ranchslider and lounge window	$1,179.47	Repairs: Window ranchslider and lounge window
Rubbish removal exterior and interior	$2,227.15	Rubbish removal exterior and interior
Lawns and Garden work	$400.00	Lawns and Garden work
Repairs: Garage roller door lock	$102.94	Repairs: Garage roller door lock
Net award	$6,088.12
Total payable by Tenant to Landlord	$6,088.12

The Landlord attended the hearing. The Tenant did not appear.

The landlord has applied for rent arrears and compensation.

How much is owed for rent arrears?

The Tribunal previously made an order in relation to rent arrears. The landlord claims further rent arrears accrued from the date of that order until the tenancy was vacated on 25 June 2025. The landlord provided rent records as evidence to substantiate the amount owing.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises in a reasonably clean and tidy condition and failed to remove all rubbish. The property required comprehensive cleaning, as it appeared that little to no effort had been made to clean prior to vacating. The landlord submitted that the tenant was taken into custody. The rangehood, oven, and walls were heavily soiled, with marks and drawings present on the walls. There was extensive rubbish throughout the interior of the property, as most furniture was left behind. Externally, furniture was left outside and under the house, pallets were left in the backyard, and the lawns were excessively overgrown.

Ingoing and outgoing inspection reports were provided, together with evidence of work completed by the landlord’s contractors for cleaning, lawn mowing, and rubbish removal.

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 occurs after 27 August 2019, section 49B RTA 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) 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 occurred during the tenancy: holes in the walls of the living room, hallway, bathroom, and kitchen; damage to the bedroom door handle; damage to the lounge windows and lounge door; and damage to the garage roller door. Ingoing and outgoing inspection reports were provided, along with evidence of contractor repairs. This damage exceeds fair wear and tear, and the tenant has not provided evidence to disprove 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.

Claims and awards in Tenancy Tribunal application 5347262 — net $6,088.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$340.00	Rent arrears
Cleaning	$995.24	Cleaning
Repairs: Plastering and repairing walls	$843.32	Repairs: Plastering and repairing walls
Repairs: Window ranchslider and lounge window	$1,179.47	Repairs: Window ranchslider and lounge window
Rubbish removal exterior and interior	$2,227.15	Rubbish removal exterior and interior
Lawns and Garden work	$400.00	Lawns and Garden work
Repairs: Garage roller door lock	$102.94	Repairs: Garage roller door lock
Net award	$6,088.12
Total payable by Tenant to Landlord	$6,088.12

Order

Kenneth Frederick Kiro must pay Kāinga Ora–Homes And Communities $6,088.12 immediately, being rent arrears from 6 June 2025 to 25 June 2025.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for rent arrears and compensation.

How much is owed for rent arrears?

The Tribunal previously made an order in relation to rent arrears. The landlord claims further rent arrears accrued from the date of that order until the tenancy was vacated on 25 June 2025. The landlord provided rent records as evidence to substantiate the amount owing.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises in a reasonably clean and tidy condition and failed to remove all rubbish. The property required comprehensive cleaning, as it appeared that little to no effort had been made to clean prior to vacating. The landlord submitted that the tenant was taken into custody. The rangehood, oven, and walls were heavily soiled, with marks and drawings present on the walls. There was extensive rubbish throughout the interior of the property, as most furniture was left behind. Externally, furniture was left outside and under the house, pallets were left in the backyard, and the lawns were excessively overgrown.
Ingoing and outgoing inspection reports were provided, together with evidence of work completed by the landlord’s contractors for cleaning, lawn mowing, and rubbish removal.
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 occurs after 27 August 2019, section 49B RTA 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) 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 occurred during the tenancy: holes in the walls of the living room, hallway, bathroom, and kitchen; damage to the bedroom door handle; damage to the lounge windows and lounge door; and damage to the garage roller door. Ingoing and outgoing inspection reports were provided, along with evidence of contractor repairs. This damage exceeds fair wear and tear, and the tenant has not provided evidence to disprove 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.

Tenancy Tribunal case 5347262 — Property damage at 281 Roscommon Road, Clendon Park, Auckland 2103

At a glance

Tenancy Tribunal case 5347262 — Property damage at 281 Roscommon Road, Clendon Park, Auckland 2103

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

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 arrears?

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