Tenantcheck Insights · Case study
Tenancy Tribunal case 5384305 — Cleanliness at 4A Ida Road, Outer Kaiti, Gisborne 4010
Published 23 January 2026 · Application 5384305
Landlord favoured
- Cleanliness
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Gisborne
Tribunal region
Adjudicator
J Northwood
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $2,319.29
- Total balance for Tenant to pay Landlord
- $2,319.29
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $408.28 | Rent arrears | |
| Cleaning | $812.05 | Cleaning | |
| Rubbish removal | $173.05 | Rubbish removal | |
| Replace furnishings: Carpet in lounge | $925.91 | Replace furnishings: Carpet in lounge | |
| Net award | $2,319.29 | ||
| Total payable by Tenant to Landlord | $2,319.29 |
Claims and awards for application 5384305 — net $2,319.29 NZD. Verify on MoJ.
Rent arrears
- Amount
- $408.28
- Awarded to
- Landlord
- Reason
- Rent arrears
Cleaning
- Amount
- $812.05
- Awarded to
- Landlord
- Reason
- Cleaning
Rubbish removal
- Amount
- $173.05
- Awarded to
- Landlord
- Reason
- Rubbish removal
Replace furnishings: Carpet in lounge
- Amount
- $925.91
- Awarded to
- Landlord
- Reason
- Replace furnishings: Carpet in lounge
Net award
Landlord $2,319.29
Total payable by Tenant to Landlord
Landlord $2,319.29
Claim types — money lines allowed on this order
Order
- Casey Tina Kayla Mcleely-Eyles must pay Kāinga Ora–Homes And Communities $2,319.29 immediately being rent arrears to 22 September 2025, and compensation , as calculated and shown in table below: DescriptionLandlord Rent arrears$408.28 Cleaning$812.05 Rubbish removal$173.05 Replace furnishings: Carpet in lounge$925.91 Total award$2,319.29 Total payable by Tenant to Landlord$2,319.29
Reasons
- The landlord attended the hearing, the tenant did not attend. I rang the tenant on her mobile number, but it disconnected immediately. The landlord has not been able to communicate with the tenant since the end of the tenancy.
- The tenant was sent a notice of hearing and has not communicated with the Tribunal seeking an adjournment, I am proceeding with the hearing in her absence.
- The landlord has applied for rent arrears and compensation following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 22 September 2025 . The landlord provided rent records which prove the amount of $408.28 owing at the end of the tenancy.
- I am satisfied that the landlord has proven their claim for rent arrears.
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 reasonably clean and tidy and did not remove all rubbish.
- The landlord provided the Tribunal with an exit inspection report and photos and invoices for the cost of the cleaning and rubbish removal.
- The photos show the property was not reasonably clean and tidy at the end of the tenancy and there was rubbish and abandoned possessions left in the interior and exterior of the property.
- I am satisfied that the landlord has proven their claim for the cleaning 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 was caused during the tenancy: -The lounge carpet was badly stained. Despite attempts to clean the carpet it was beyond cleaning and had to be replaced.
- The property had been fully renovated at the start of the tenancy and the carpet was only one year old. The cost to replace the carpet in the lounge was $1029.78. After deducting depreciation on the carpet, the landlord seeks $925.91 for the replacement of the carpet.
- The landlord provided photos and an inspection report showing the damage to the carpet and the invoice to replace the carpet.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- I am satisfied that the landlord has proven their claim for the replacement carpet.
- The amounts ordered are proved.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B, s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5384305?
The tribunal order states: Casey Tina Kayla Mcleely-Eyles must pay Kāinga Ora–Homes And
How much money was awarded in case 5384305?
Cleaning: $812.05 awarded to landlord; Rent Arrears: $408.28 awarded to landlord; Replace furnishings: Carpet in loung…: $925.91 awarded to landlord; Rubbish Removal: $173.05 awarded to landlord
What type of tenancy dispute was case 5384305?
The primary dispute was Cleanliness. Related themes: Rent arrears.
Where can I read the official tribunal order for case 5384305?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13018029-Tenancy_Tribunal_Order.pdf.