What was the outcome of Tenancy Tribunal case 5352382?

The tribunal order states: Ainsley Talima Tui Mapusua must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5352382?

Cleaning: $600.77 awarded to landlord; Lawns and Garden Work: $186.00 awarded to landlord; Property Damage: $816.29 awarded to landlord; Rent Arrears: $166.29 awarded to landlord; Doors: $841.71 awarded to landlord; Plastering And Painting: $1,321.15 awarded to landlord; Rubbish Removal: $4,210.53 awarded to landlord

What type of tenancy dispute was case 5352382?

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

Where can I read the official tribunal order for case 5352382?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13034303-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5352382?

The tribunal order states: Ainsley Talima Tui Mapusua must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5352382?

Cleaning: $600.77 awarded to landlord; Lawns and Garden Work: $186.00 awarded to landlord; Property Damage: $816.29 awarded to landlord; Rent Arrears: $166.29 awarded to landlord; Doors: $841.71 awarded to landlord; Plastering And Painting: $1,321.15 awarded to landlord; Rubbish Removal: $4,210.53 awarded to landlord

What type of tenancy dispute was case 5352382?

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

Where can I read the official tribunal order for case 5352382?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13034303-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 1, 25 Dillon Crescent, Clover Park, Auckland Tenancy Tribunal Case 5352382 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5352382 — net $8,142.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$166.29	Rent arrears
previous repairs- balance	$816.29	previous repairs- balance
Cleaning	$600.77	Cleaning
Repairs: Plastering and painting	$1,321.15	Repairs: Plastering and painting
Repairs: Doors	$841.71	Repairs: Doors
Rubbish removal	$4,210.53	Rubbish removal
Lawns and Garden work	$186.00	Lawns and Garden work
Net award	$8,142.74
Total payable by Tenant to Landlord	$8,142.74

The landlord attended today’s hearing. The tenant was given notice but did not attend. I have proceeded in her absence.

The landlord has applied for rent arrears, cost of damages incurred before the tenancy ended and compensation for damage, cleaning, lawn mowing and rubbish removal following the end of the tenancy. Rent

The tenancy ended on 25 July 2025 after the tenant gave notice. The landlord provided rent records which prove the amount owing at the end of the tenancy. Cleaning, Rubbish removal and lawns.

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 landlord provided inspection reports including photographs taken before the tenancy began and after the tenancy ended. The photographs clearly show that the tenant did not do any cleaning and left a considerable amount of rubbish both inside and outside the property.

The landlord had contactors complete cleaning and rubbish removal. The rubbish removed from the exterior was 7 cubic metres, the rubbish removed from the interior was 18 cubic metres.

The rubbish removal costs include the time to remove the items from the property and the disposal fees.

I am satisfied that the cost for cleaning and rubbish removal are reasonable in these circumstances, given the nature and the extent of the cleaning and rubbish removal and award the landlord the amounts sought.

At today’s hearing the landlord withdrew a claim for illegal dumping charge of $89.63.

The tenant was responsible for the lawns and gardens. The photographs taken at the end of the tenancy show that the lawn is considerably overgrown, in some places it is knee height. The landlord had to pay contractors to slash the lawns before they could be mown. I award the landlord the cost of slashing and mowing the lawns. 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 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.

There was extensive damage to the walls and doors in the house. The photographs show that almost every wall and many doors have holes in them or have damage to the door frames or the doors have been removed. Many of the holes in the walls are large.

The tenant had made some attempt to plaster and repair some holes in the walls, but the repair work was substandard and the landlord needed to replaster and paint over the repairs.

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

The amounts ordered are proved. Damage that the tenant agreed she was liable for before tenancy ended.

The landlord provided me with statements showing the amount owed by the tenant for previous damage that the tenant had agreed that she was liable for. The tenant was making payment towards the cost of repairs of the damage at $30 per week. The balance owed for the damage is $816.29 and that amount is ordered

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 5352382 — net $8,142.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$166.29	Rent arrears
previous repairs- balance	$816.29	previous repairs- balance
Cleaning	$600.77	Cleaning
Repairs: Plastering and painting	$1,321.15	Repairs: Plastering and painting
Repairs: Doors	$841.71	Repairs: Doors
Rubbish removal	$4,210.53	Rubbish removal
Lawns and Garden work	$186.00	Lawns and Garden work
Net award	$8,142.74
Total payable by Tenant to Landlord	$8,142.74

Order

Ainsley Talima Tui Mapusua must pay Kāinga Ora–Homes And Communities $8,142.74 immediately, calculated as shown in table below.

Reasons

The landlord attended today’s hearing. The tenant was given notice but did not attend. I have proceeded in her absence.
The landlord has applied for rent arrears, cost of damages incurred before the tenancy ended and compensation for damage, cleaning, lawn mowing and rubbish removal following the end of the tenancy. Rent
The tenancy ended on 25 July 2025 after the tenant gave notice. The landlord provided rent records which prove the amount owing at the end of the tenancy. Cleaning, Rubbish removal and lawns.
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 landlord provided inspection reports including photographs taken before the tenancy began and after the tenancy ended. The photographs clearly show that the tenant did not do any cleaning and left a considerable amount of rubbish both inside and outside the property.
The landlord had contactors complete cleaning and rubbish removal. The rubbish removed from the exterior was 7 cubic metres, the rubbish removed from the interior was 18 cubic metres.
The rubbish removal costs include the time to remove the items from the property and the disposal fees.
I am satisfied that the cost for cleaning and rubbish removal are reasonable in these circumstances, given the nature and the extent of the cleaning and rubbish removal and award the landlord the amounts sought.
At today’s hearing the landlord withdrew a claim for illegal dumping charge of $89.63.
The tenant was responsible for the lawns and gardens. The photographs taken at the end of the tenancy show that the lawn is considerably overgrown, in some places it is knee height. The landlord had to pay contractors to slash the lawns before they could be mown. I award the landlord the cost of slashing and mowing the lawns. 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 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.
There was extensive damage to the walls and doors in the house. The photographs show that almost every wall and many doors have holes in them or have damage to the door frames or the doors have been removed. Many of the holes in the walls are large.
The tenant had made some attempt to plaster and repair some holes in the walls, but the repair work was substandard and the landlord needed to replaster and paint over the repairs.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Damage that the tenant agreed she was liable for before tenancy ended.
The landlord provided me with statements showing the amount owed by the tenant for previous damage that the tenant had agreed that she was liable for. The tenant was making payment towards the cost of repairs of the damage at $30 per week. The balance owed for the damage is $816.29 and that amount is ordered
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 5352382 — Property damage at Unit/Flat Flat 1, 25 Dillon Crescent, Clover Park, Auckland

At a glance

Tenancy Tribunal case 5352382 — Property damage at Unit/Flat Flat 1, 25 Dillon Crescent, Clover Park, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions