What was the outcome of Tenancy Tribunal case 5387443?

The tribunal order states: ROIMATA TAUHARA-TEAO must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5387443?

Cleaning: $692.75 awarded to landlord; Lawns and Garden Work: $1,075.50 awarded to landlord; Property Damage: $200.92 awarded to landlord; Rent Credit: $318.86 awarded to tenant; Doors: $1,009.19 awarded to landlord; Rubbish Removal: $246.32 awarded to landlord; Property Damage: $809.06 awarded to landlord

What type of tenancy dispute was case 5387443?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5387443?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13368138-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5387443?

The tribunal order states: ROIMATA TAUHARA-TEAO must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5387443?

Cleaning: $692.75 awarded to landlord; Lawns and Garden Work: $1,075.50 awarded to landlord; Property Damage: $200.92 awarded to landlord; Rent Credit: $318.86 awarded to tenant; Doors: $1,009.19 awarded to landlord; Rubbish Removal: $246.32 awarded to landlord; Property Damage: $809.06 awarded to landlord

What type of tenancy dispute was case 5387443?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5387443?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13368138-Tenancy_Tribunal_Order.pdf.

9 Dulcie Place, Red Hill, Papakura 2110 Tenancy Tribunal Case 5387443 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5387443 — net $3,714.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$692.75		Cleaning
Rubbish removal	$246.32		Rubbish removal
Lawns and Garden work	$1,075.50		Lawns and Garden work
Window repairs	$200.92		Window repairs
Window repairs: external door	$809.06		Window repairs: external door
Repairs: doors	$1,009.19		Repairs: doors
Rent credit		$318.86	Rent credit
Total award	$4,033.74	$318.86
Net award	$3,714.88
Total payable by Tenant to Landlord	$3,714.88

The landlord attended the hearing. There was no appearance for the tenant.

The landlord has applied for compensation following the end of the tenancy on 23 July 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, and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.

The landlord provided photographs showing that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Items were left strewn around the property, the carpet was grubby and marked, the walls were very dirty, including a lot of scribble, cupboards, drawers and floors needed cleaning.

Outside, the tenant had planted yukkas, installed garden beds and compost heaps. Pallets and a tyre had been left in a pile with other rubbish. The pre- tenancy photos show a clean and tidy property.

The amounts ordered for cleaning, rubbish removal and gardens 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 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. This applies to each item.

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: [list items]. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord provided entry and exit inspection photographs which show the following damage occurred during the tenancy: Holes in multiple doors: entry door, bedroom 1 wardrobe door, bedroom 2 door, bedroom 2 wardrobe. Broken latch in bedroom door.

Some doors have multiple holes and the strip on the latch side of one door has come off.

The landlord provided a maintenance schedule covering the amounts claimed. The amounts for these repairs total $1,009.19.

There is also a cracked bedroom window and cracked external safety glass in an external door. The landlord has provided maintenance schedules for those amounts as ordered above.

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.

Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee. That amount of $28.00 has not been included in the order above because the landlord does not wish to claim it.

Claims and awards in Tenancy Tribunal application 5387443 — net $3,714.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$692.75		Cleaning
Rubbish removal	$246.32		Rubbish removal
Lawns and Garden work	$1,075.50		Lawns and Garden work
Window repairs	$200.92		Window repairs
Window repairs: external door	$809.06		Window repairs: external door
Repairs: doors	$1,009.19		Repairs: doors
Rent credit		$318.86	Rent credit
Total award	$4,033.74	$318.86
Net award	$3,714.88
Total payable by Tenant to Landlord	$3,714.88

Order

ROIMATA TAUHARA-TEAO must pay Kāinga Ora–Homes And Communities $3,714.88 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for compensation following the end of the tenancy on 23 July 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, and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord provided photographs showing that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Items were left strewn around the property, the carpet was grubby and marked, the walls were very dirty, including a lot of scribble, cupboards, drawers and floors needed cleaning.
Outside, the tenant had planted yukkas, installed garden beds and compost heaps. Pallets and a tyre had been left in a pile with other rubbish. The pre- tenancy photos show a clean and tidy property.
The amounts ordered for cleaning, rubbish removal and gardens 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 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. This applies to each item.
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: [list items]. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided entry and exit inspection photographs which show the following damage occurred during the tenancy: Holes in multiple doors: entry door, bedroom 1 wardrobe door, bedroom 2 door, bedroom 2 wardrobe. Broken latch in bedroom door.
Some doors have multiple holes and the strip on the latch side of one door has come off.
The landlord provided a maintenance schedule covering the amounts claimed. The amounts for these repairs total $1,009.19.
There is also a cracked bedroom window and cracked external safety glass in an external door. The landlord has provided maintenance schedules for those amounts as ordered above.
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.
Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee. That amount of $28.00 has not been included in the order above because the landlord does not wish to claim it.

Tenancy Tribunal case 5387443 — Property damage at 9 Dulcie Place, Red Hill, Papakura 2110

At a glance

Tenancy Tribunal case 5387443 — Property damage at 9 Dulcie Place, Red Hill, Papakura 2110

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