Tenantcheck Insights · Case study
Tenancy Tribunal case 5395642 — Property damage at 165 Main Road, Wainuiomata, Lower Hutt 5014
Published 19 March 2026 · Application 5395642
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Lower Hutt
Tribunal region
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,792.65
- Total balance for Tenant to pay Landlord
- $2,171.21
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Kitchen clean | $104.26 | Kitchen clean | |
| House clean | $448.06 | House clean | |
| Rubbish removal | $179.25 | Rubbish removal | |
| Patching holes in walls | $570.95 | Patching holes in walls | |
| Painting patches | $489.41 | Painting patches | |
| Replacement carpets | $1,690.00 | Replacement carpets | |
| Rent credit as at 19/3/26 | $1,310.72 | Rent credit as at 19/3/26 | |
| Total award | $3,481.93 | $1,310.72 | |
| Net award | $2,171.21 | ||
| Total payable by Tenant to Landlord | $2,171.21 |
Claims and awards for application 5395642 — net $2,171.21 NZD. Verify on MoJ.
Kitchen clean
- Amount
- $104.26
- Awarded to
- Landlord
- Reason
- Kitchen clean
House clean
- Amount
- $448.06
- Awarded to
- Landlord
- Reason
- House clean
Rubbish removal
- Amount
- $179.25
- Awarded to
- Landlord
- Reason
- Rubbish removal
Patching holes in walls
- Amount
- $570.95
- Awarded to
- Landlord
- Reason
- Patching holes in walls
Painting patches
- Amount
- $489.41
- Awarded to
- Landlord
- Reason
- Painting patches
Replacement carpets
- Amount
- $1,690.00
- Awarded to
- Landlord
- Reason
- Replacement carpets
Rent credit as at 19/3/26
- Amount
- $1,310.72
- Awarded to
- Tenant
- Reason
- Rent credit as at 19/3/26
Total award
Landlord $3,481.93 · Tenant $1,310.72
Net award
Landlord $2,171.21
Total payable by Tenant to Landlord
Landlord $2,171.21
Claim types — money lines allowed on this order
Order
- Campbell Gavin Fleming and Shanna Patricia Campbell must pay Kāinga Ora– Homes And Communities $2,171.21 immediately, calculated as shown in table below.
Reasons
- This application was scheduled to be heard by video conference. Neither of the tenants connected to the Teams link provided to them and nor did they ring in to the hearing as advised in the Notice of Hearing. The hearing went ahead in their absence.
- The landlord has applied for compensation following the end of the tenancy. Rent credit
- The tenancy ended on 3 October 2025. Payments have continued to have been made into the rent account and currently there is a $1,310.72 rent credit which is applied to the vacated debt.
Did the tenants 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 photographs taken at the end of the tenancy show that the tenants did not leave the house in a reasonably clean condition. It looked as though nothing had been cleaned and the kitchen was also full of their belongings.
- The photographs also show that they left rubbish both inside and outside the house.
- The amounts ordered to remedy these issues are proved.
Are the tenants 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.
- The photographs evidence that there were a large number of holes in the walls at the end of the tenancy and a gouge in one door. The holes were in bedroom 1, bedroom 2, bedroom 4, the hallway and the living room.
- The photographs also show that the carpet in the living room, the entry hallway and bedroom 2 was so damaged/dirty that the carpet needed replacing.
- The claim for 2 replacement doors was withdrawn at today’s hearing.
- The amounts ordered to remedy all of the issues described above are proved.
- Depreciation has been taken into account. The landlord should be returned to the position they would have been in had the tenants 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. C ter Haar 19 March 2026
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)
Key findings
- Dispute theme: cleaning
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5395642?
The tribunal order states: Campbell Gavin Fleming and Shanna Patricia Campbell must pay Kāinga Ora–
How much money was awarded in case 5395642?
Cleaning: $104.26 awarded to landlord; Cleaning: $448.06 awarded to landlord; Painting Patches: $489.41 awarded to landlord; Patching Holes In Walls: $570.95 awarded to landlord; Property Damage: $1,690.00 awarded to landlord; Rent Credit As At 19/3/26: $1,310.72 awarded to tenant; Rubbish Removal: $179.25 awarded to landlord
What type of tenancy dispute was case 5395642?
The primary dispute was Property damage. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5395642?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13312756-Tenancy_Tribunal_Order.pdf.