What was the outcome of Tenancy Tribunal case 5388405?

The tribunal order states: Tutoatasi Perry Faiva must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5388405?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5388405?

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

Where can I read the official tribunal order for case 5388405?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12936177-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5388405?

The tribunal order states: Tutoatasi Perry Faiva must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5388405?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5388405?

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

Where can I read the official tribunal order for case 5388405?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12936177-Tenancy_Tribunal_Order.pdf.

39A Ashton Avenue, Otara, Auckland 2023 Tenancy Tribunal Case 5388405 — Property damage

Order

Tutoatasi Perry Faiva must pay Kāinga Ora–Homes And Communities $2,631.55 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing via remote teleconference. There was no attendance by the tenant. A telephone call to the number provided went unanswered. The hearing continued in the tenant’s 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 30 September 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for the rent debt.
The claim for rent arrears is proven.

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 comprehensive photographic evidence in support of the claims for stove cleaning, rubbish removal and tyre disposal. I am entirely satisfied that the tenant breached his obligation at the end of the tenancy and that the amounts claimed are reasonable. I have also sighted the landlord’s expense schedule filed in support.
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: window (glass) damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided evidence of the damage to the kitchen window (photograph number 24). I have also sighted the landlord’s expense schedule confirming the amount claimed.
The amount ordered is proved.
The landlord does not seek reimbursement of the filing fee.

Order

Tutoatasi Perry Faiva must pay Kāinga Ora–Homes And Communities $2,631.55 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing via remote teleconference. There was no attendance by the tenant. A telephone call to the number provided went unanswered. The hearing continued in the tenant’s 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 30 September 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for the rent debt.
The claim for rent arrears is proven.

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 comprehensive photographic evidence in support of the claims for stove cleaning, rubbish removal and tyre disposal. I am entirely satisfied that the tenant breached his obligation at the end of the tenancy and that the amounts claimed are reasonable. I have also sighted the landlord’s expense schedule filed in support.
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: window (glass) damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided evidence of the damage to the kitchen window (photograph number 24). I have also sighted the landlord’s expense schedule confirming the amount claimed.
The amount ordered is proved.
The landlord does not seek reimbursement of the filing fee.

Tenancy Tribunal case 5388405 — Property damage at 39A Ashton Avenue, Otara, Auckland 2023

Tenancy Tribunal case 5388405 — Property damage at 39A Ashton Avenue, Otara, Auckland 2023

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?

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?