What was the outcome of Tenancy Tribunal case 5378261?

The tribunal order states: Danielle Kim Keates must pay Kāinga Ora–Homes And Communities $6,657.51

How much money was awarded in case 5378261?

Cleaning: $845.46 awarded to landlord; Rent Arrears: $134.15 awarded to landlord; Property Damage: $1,106.90 awarded to landlord; Holes In Walls: $946.77 awarded to landlord; Replace furnishings: kitchen cutlery…: $12.23 awarded to landlord; Rubbish Removal: $3,200.00 awarded to landlord; Rubbish Removal: $650.00 awarded to landlord

What type of tenancy dispute was case 5378261?

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

Where can I read the official tribunal order for case 5378261?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13207434-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5378261?

The tribunal order states: Danielle Kim Keates must pay Kāinga Ora–Homes And Communities $6,657.51

How much money was awarded in case 5378261?

Cleaning: $845.46 awarded to landlord; Rent Arrears: $134.15 awarded to landlord; Property Damage: $1,106.90 awarded to landlord; Holes In Walls: $946.77 awarded to landlord; Replace furnishings: kitchen cutlery…: $12.23 awarded to landlord; Rubbish Removal: $3,200.00 awarded to landlord; Rubbish Removal: $650.00 awarded to landlord

What type of tenancy dispute was case 5378261?

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

Where can I read the official tribunal order for case 5378261?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13207434-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 17 Maplesden Drive, Clendon Park, Auckland Tenancy Tribunal Case 5378261 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5378261 — net $6,657.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$134.15	Rent arrears
Cleaning	$845.46	Cleaning
Rubbish removal: exterior	$3,200.00	Rubbish removal: exterior
Rubbish removal: interior	$650.00	Rubbish removal: interior
Replace furnishings: kitchen cutlery insert	$12.23	Replace furnishings: kitchen cutlery insert
Repairs: Holes in walls	$946.77	Repairs: Holes in walls
Repairs: and replacement - doors	$1,106.90	Repairs: and replacement - doors
Net award	$6,657.51
Total payable by Tenant to Landlord	$6,657.51

Jenny Davies for the landlord attended the hearing, which was held by video. The tenant did not attend.

The landlord has applied for rent arrears, compensation and refund of the bond following the end of the tenancy. The landlord waived its right to reimbursement of the filing fee. The tenancy commenced on 18 May 20218. The tenancy premises has 3 bedrooms , 1 bathroom and a separate toilet and 1 living area.

How much is owed for rent?

The tenant gave notice to the landlord to end the tenancy on 1 August 2025. The landlord’s application seeks rent until 4 August however the landlord agreed at the hearing that was the date the final inspection was done and that the tenant had moved out on 3 August 2025.

The landlord provided rent records which prove the amount owing to 3 March 2025.

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. The landlord claimed $1,1011.32 for cleaning including cleaning of the stove and rangehood. After considering the landlord’s evidence, including the photos provided, I find that the evidence does not prove that the stove required cleaning therefore that portion of the cost claimed ($165.86) is dismissed. From the evidence I am satisfied that $845.46 is the reasonable cost of cleaning to bring the premises to a reasonably clean and tidy state.

The tenant did not remove all rubbish. The landlord claims 6,238.62 for removing all rubbish from inside the premises ($985.26) and from the exterior, including 4 tyres ($5,253.36).

After considering the evidence I am satisfied that there was around 6mᶾ of rubbish that required removing from inside the premises. I find the reasonable cost for this is $650.00.

The application seeks removal of 29mᶾ of rubbish from the exterior of the premises. The rubbish and belongings that required removing from the exterior fall into 2 categories: general rubbish (including 2 couches, 2 mattresses, a washing machine and other general rubbish) and 2 illegal structures that required dismantling. In looking at the landlord’s photographs I am not convinced from the photographs that there was 29mᶾ removed. I consider the general rubbish would fit into a 12mᶾ skip bin and the hardfill rubbish would fit into 3 x 4.5mᶾ bins. Accordingly I allow $3,200.00 for external rubbish, which includes the labour costs and the tyres.

The following chattels were missing at the end of the tenancy: the kitchen cutlery insert was missing. I consider 50% depreciation to take into account betterment is reasonable and order $12.23 for this.

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.

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. I find the damamge was intentionally caused:

Damage to walls: There are holes in the walls in all bedrooms. After considering the photographs and I find that $946.77 is the reasonable cost of repairing, plastering and sanding the holes 1 . This sum is less that the amount claimed ($1,697.94). The landlord withdrew $586.98 from this part of the claim. I have awarded the sum claimed for bedrooms 2 and 3. In relation to bedroom 1 I find that the amount claimed is excessive for the work required. 1 The landlord has not claimed for painting as the premises was due for painting regardless of any damamge.

Damage to doors: repair to the entry hallway door, replacement of 4 other internal doors that were damaged beyond repair, the replacement of a door handle replacement and the replacement of the side door into the garage.

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

The amounts ordered are proved.

Claims and awards in Tenancy Tribunal application 5378261 — net $6,657.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$134.15	Rent arrears
Cleaning	$845.46	Cleaning
Rubbish removal: exterior	$3,200.00	Rubbish removal: exterior
Rubbish removal: interior	$650.00	Rubbish removal: interior
Replace furnishings: kitchen cutlery insert	$12.23	Replace furnishings: kitchen cutlery insert
Repairs: Holes in walls	$946.77	Repairs: Holes in walls
Repairs: and replacement - doors	$1,106.90	Repairs: and replacement - doors
Net award	$6,657.51
Total payable by Tenant to Landlord	$6,657.51

Order

Danielle Kim Keates must pay Kāinga Ora–Homes And Communities $6,657.51 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $238.00 (5186569-007) to Kāinga Ora– Homes And Communities immediately.

Reasons

Jenny Davies for the landlord attended the hearing, which was held by video. The tenant did not attend.
The landlord has applied for rent arrears, compensation and refund of the bond following the end of the tenancy. The landlord waived its right to reimbursement of the filing fee. The tenancy commenced on 18 May 20218. The tenancy premises has 3 bedrooms , 1 bathroom and a separate toilet and 1 living area.

How much is owed for rent?

The tenant gave notice to the landlord to end the tenancy on 1 August 2025. The landlord’s application seeks rent until 4 August however the landlord agreed at the hearing that was the date the final inspection was done and that the tenant had moved out on 3 August 2025.
The landlord provided rent records which prove the amount owing to 3 March 2025.

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. The landlord claimed $1,1011.32 for cleaning including cleaning of the stove and rangehood. After considering the landlord’s evidence, including the photos provided, I find that the evidence does not prove that the stove required cleaning therefore that portion of the cost claimed ($165.86) is dismissed. From the evidence I am satisfied that $845.46 is the reasonable cost of cleaning to bring the premises to a reasonably clean and tidy state.
The tenant did not remove all rubbish. The landlord claims 6,238.62 for removing all rubbish from inside the premises ($985.26) and from the exterior, including 4 tyres ($5,253.36).
After considering the evidence I am satisfied that there was around 6mᶾ of rubbish that required removing from inside the premises. I find the reasonable cost for this is $650.00.
The application seeks removal of 29mᶾ of rubbish from the exterior of the premises. The rubbish and belongings that required removing from the exterior fall into 2 categories: general rubbish (including 2 couches, 2 mattresses, a washing machine and other general rubbish) and 2 illegal structures that required dismantling. In looking at the landlord’s photographs I am not convinced from the photographs that there was 29mᶾ removed. I consider the general rubbish would fit into a 12mᶾ skip bin and the hardfill rubbish would fit into 3 x 4.5mᶾ bins. Accordingly I allow $3,200.00 for external rubbish, which includes the labour costs and the tyres.
The following chattels were missing at the end of the tenancy: the kitchen cutlery insert was missing. I consider 50% depreciation to take into account betterment is reasonable and order $12.23 for this.
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.
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. I find the damamge was intentionally caused:
Damage to walls: There are holes in the walls in all bedrooms. After considering the photographs and I find that $946.77 is the reasonable cost of repairing, plastering and sanding the holes 1 . This sum is less that the amount claimed ($1,697.94). The landlord withdrew $586.98 from this part of the claim. I have awarded the sum claimed for bedrooms 2 and 3. In relation to bedroom 1 I find that the amount claimed is excessive for the work required. 1 The landlord has not claimed for painting as the premises was due for painting regardless of any damamge.
Damage to doors: repair to the entry hallway door, replacement of 4 other internal doors that were damaged beyond repair, the replacement of a door handle replacement and the replacement of the side door into the garage.
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 5378261 — Property damage at Unit/Flat 3, 17 Maplesden Drive, Clendon Park, Auckland

At a glance

Tenancy Tribunal case 5378261 — Property damage at Unit/Flat 3, 17 Maplesden Drive, Clendon Park, Auckland

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