What was the outcome of Tenancy Tribunal case 5395963?

The tribunal order states: Teria Anne Hoeta must pay Kāinga Ora–Homes And Communities $4,888.38

How much money was awarded in case 5395963?

Cleaning: $692.75 awarded to landlord; Cleaning: $576.41 awarded to landlord; Cleaning: $104.26 awarded to landlord; Cleaning: $48.45 awarded to landlord; Property Damage: $74.75 awarded to landlord; Cleaning: $165.86 awarded to landlord; Door Knob: $26.73 awarded to landlord; Fence: $273.82 awarded to landlord; Gate Metal Pool: $776.81 awarded to landlord; Kitchen Cabinet: $155.00 awarded to landlord; Property Damage: $963.72 awarded to landlord; Rehang Door In Garage: $40.30 awarded to landlord; Toilet Roll Holder: $30.64 awarded to landlord; Rubbish Removal: $958.88 awarded to landlord

What type of tenancy dispute was case 5395963?

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

Where can I read the official tribunal order for case 5395963?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13276597-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5395963?

The tribunal order states: Teria Anne Hoeta must pay Kāinga Ora–Homes And Communities $4,888.38

How much money was awarded in case 5395963?

Cleaning: $692.75 awarded to landlord; Cleaning: $576.41 awarded to landlord; Cleaning: $104.26 awarded to landlord; Cleaning: $48.45 awarded to landlord; Property Damage: $74.75 awarded to landlord; Cleaning: $165.86 awarded to landlord; Door Knob: $26.73 awarded to landlord; Fence: $273.82 awarded to landlord; Gate Metal Pool: $776.81 awarded to landlord; Kitchen Cabinet: $155.00 awarded to landlord; Property Damage: $963.72 awarded to landlord; Rehang Door In Garage: $40.30 awarded to landlord; Toilet Roll Holder: $30.64 awarded to landlord; Rubbish Removal: $958.88 awarded to landlord

What type of tenancy dispute was case 5395963?

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

Where can I read the official tribunal order for case 5395963?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13276597-Tenancy_Tribunal_Order.pdf.

47B Paerata Road, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 5395963 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5395963 — net $4,888.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Toilet roll holder	$30.64	Repairs: Toilet roll holder
Cleaning	$692.75	Cleaning
Repairs: Rehang door in garage	$40.30	Repairs: Rehang door in garage
Cleaning: Kitchen cupboard	$104.26	Cleaning: Kitchen cupboard
Oven/stove cleaning: Stove	$165.86	Oven/stove cleaning: Stove
Cleaning: Rangehood	$48.45	Cleaning: Rangehood
Repairs: Kitchen cabinet	$155.00	Repairs: Kitchen cabinet
Repairs: Door knob	$26.73	Repairs: Door knob
Cleaning: Curtains and rehang	$576.41	Cleaning: Curtains and rehang
Rubbish removal: and tyre removal	$958.88	Rubbish removal: and tyre removal
Repairs: Fence	$273.82	Repairs: Fence
Repairs: gate metal pool	$776.81	Repairs: gate metal pool
Lock/key replacement: Ranchslider	$74.75	Lock/key replacement: Ranchslider
Repairs: Midtenancy repairs wall holes, carpet, lost keys, heatpump, blocked toilet	$963.72	Repairs: Midtenancy repairs wall holes, carpet, lost keys, heatpump, blocked toilet
Net award	$4,888.38
Total payable by Tenant to Landlord	$4,888.38

The Landlord attended the hearing. The Tenant did not appear.

The landlord has applied for compensation at the end of the tenancy. The Landlord submitted that the Tenant had agreed in early 2025 to pay for the damages and entered into a payment plan of $10.00 per week towards the Landlord.

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 also had to clean the oven, rangehood, remove furniture, a tyre and toys outside and clean the curtains. Ingoing and outgoing inspections were provided including work orders.

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: toilet roll holder, door in garage, kitchen cabinet, door knob, outdoor fence and gate, ranchslider lock, wall holes and toilet blockage. The 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 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.

Claims and awards in Tenancy Tribunal application 5395963 — net $4,888.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Toilet roll holder	$30.64	Repairs: Toilet roll holder
Cleaning	$692.75	Cleaning
Repairs: Rehang door in garage	$40.30	Repairs: Rehang door in garage
Cleaning: Kitchen cupboard	$104.26	Cleaning: Kitchen cupboard
Oven/stove cleaning: Stove	$165.86	Oven/stove cleaning: Stove
Cleaning: Rangehood	$48.45	Cleaning: Rangehood
Repairs: Kitchen cabinet	$155.00	Repairs: Kitchen cabinet
Repairs: Door knob	$26.73	Repairs: Door knob
Cleaning: Curtains and rehang	$576.41	Cleaning: Curtains and rehang
Rubbish removal: and tyre removal	$958.88	Rubbish removal: and tyre removal
Repairs: Fence	$273.82	Repairs: Fence
Repairs: gate metal pool	$776.81	Repairs: gate metal pool
Lock/key replacement: Ranchslider	$74.75	Lock/key replacement: Ranchslider
Repairs: Midtenancy repairs wall holes, carpet, lost keys, heatpump, blocked toilet	$963.72	Repairs: Midtenancy repairs wall holes, carpet, lost keys, heatpump, blocked toilet
Net award	$4,888.38
Total payable by Tenant to Landlord	$4,888.38

Order

Teria Anne Hoeta must pay Kāinga Ora–Homes And Communities $4,888.38 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for compensation at the end of the tenancy. The Landlord submitted that the Tenant had agreed in early 2025 to pay for the damages and entered into a payment plan of $10.00 per week towards the Landlord.

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 also had to clean the oven, rangehood, remove furniture, a tyre and toys outside and clean the curtains. Ingoing and outgoing inspections were provided including work orders.
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: toilet roll holder, door in garage, kitchen cabinet, door knob, outdoor fence and gate, ranchslider lock, wall holes and toilet blockage. The 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 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.

Tenancy Tribunal case 5395963 — Property damage at 47B Paerata Road, Pukekohe, Pukekohe 2120

At a glance

Tenancy Tribunal case 5395963 — Property damage at 47B Paerata Road, Pukekohe, Pukekohe 2120

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