What was the outcome of Tenancy Tribunal case 5380555?

The tribunal order states: Rodney Alan Pedersen must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5380555?

Cleaning: $465.35 awarded to landlord; Cleaning: $104.26 awarded to landlord; Previous Order Application 5323639 D…: $1,030.86 awarded to landlord; Remove Chain From Front Door: $4.04 awarded to landlord; Replace Toilet Roll Holder: $31.31 awarded to landlord; Rubbish Removal: $2,134.73 awarded to landlord

What type of tenancy dispute was case 5380555?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5380555?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13156085-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5380555?

The tribunal order states: Rodney Alan Pedersen must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5380555?

Cleaning: $465.35 awarded to landlord; Cleaning: $104.26 awarded to landlord; Previous Order Application 5323639 D…: $1,030.86 awarded to landlord; Remove Chain From Front Door: $4.04 awarded to landlord; Replace Toilet Roll Holder: $31.31 awarded to landlord; Rubbish Removal: $2,134.73 awarded to landlord

What type of tenancy dispute was case 5380555?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5380555?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13156085-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 4, 161 Beach Haven Road, Beach Haven, Tenancy Tribunal Case 5380555 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5380555 — net $3,770.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5323639 dated 15/09/2025	$1,030.86	Previous order application 5323639 dated 15/09/2025
Cleaning: Kitchen cupboards	$104.26	Cleaning: Kitchen cupboards
Cleaning: General house exit clean	$465.35	Cleaning: General house exit clean
Remove chain from front door	$4.04	Remove chain from front door
Rubbish removal: 13 cubic metres	$2,134.73	Rubbish removal: 13 cubic metres
Replace toilet roll holder	$31.31	Replace toilet roll holder
Net award	$3,770.55
Total payable by Tenant to Landlord	$3,770.55

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

On 15 September 2025, the Tribunal made an order relating to this tenancy, on application number 5323639, terminating the tenancy and awarding $1,030.86 rent arrears to 15 September 2025. The previous order is incorporated into this order for enforcement purposes. The amount still owing from this order is $1,030.86.

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

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 landlord has produced evidence that proves the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

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 landlord has produced evidence that proves the following damage was caused during the tenancy: a. A chain was installed on the front door that needed to be removed and the damage repaired; and b. The toilet roll holder was damaged and required replacement.

I am satisfied that the evidence provided proves this damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have considered 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 considered 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 5380555 — net $3,770.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5323639 dated 15/09/2025	$1,030.86	Previous order application 5323639 dated 15/09/2025
Cleaning: Kitchen cupboards	$104.26	Cleaning: Kitchen cupboards
Cleaning: General house exit clean	$465.35	Cleaning: General house exit clean
Remove chain from front door	$4.04	Remove chain from front door
Rubbish removal: 13 cubic metres	$2,134.73	Rubbish removal: 13 cubic metres
Replace toilet roll holder	$31.31	Replace toilet roll holder
Net award	$3,770.55
Total payable by Tenant to Landlord	$3,770.55

Order

Rodney Alan Pedersen must pay Kāinga Ora–Homes And Communities $3,770.55 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 15 September 2025 under application 5323639.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
On 15 September 2025, the Tribunal made an order relating to this tenancy, on application number 5323639, terminating the tenancy and awarding $1,030.86 rent arrears to 15 September 2025. The previous order is incorporated into this order for enforcement purposes. The amount still owing from this order is $1,030.86.
The landlord has applied for compensation following the end of the tenancy.

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 landlord has produced evidence that proves the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
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 landlord has produced evidence that proves the following damage was caused during the tenancy: a. A chain was installed on the front door that needed to be removed and the damage repaired; and b. The toilet roll holder was damaged and required replacement.
I am satisfied that the evidence provided proves this damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 5380555 — Cleanliness at Unit/Flat Unit 4, 161 Beach Haven Road, Beach Haven,

At a glance

Tenancy Tribunal case 5380555 — Cleanliness at Unit/Flat Unit 4, 161 Beach Haven Road, Beach Haven,

At a glance

Award balance

Claims & awards

Order

Reasons

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

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