Published tribunal order
Tenancy Tribunal case 5400551 — Property damage at Unit/Flat 1, 8 Secretariat Place, Randwick Park, Auckland
Decided 17 March 2026 · Published 17 March 2026 · Application 5400551
Landlord favoured
- Property damage
- Cleanliness
Order
- Joshua Tautara Amohanga must pay Kāinga Ora–Homes And Communities $1,033.54 immediately, calculated as shown in table below.
Reasons
- A representative of the landlord attended the hearing by video.
- The tenant did not join the hearing by the video link or the dial-in instructions in the Notice of Hearing.
- The tenant had replied to Registry with comment on documents submitted by the landlord before the hearing. I am satisfied that the tenant had reasonable notice of the hearing and reasonable opportunity to attend.
- The landlord has applied for compensation following the end of the tenancy.
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.
- The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Most of the premises were clean, but the kitchen was not. The landlord provided photographs of the areas which had to be cleaned and of the rubbish. It also provided a breakdown of costs incurred.
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.
- The bathroom door was broken and had to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided photographs and evidence of the repair costs of $215.95.
- The landlord also claimed $568.87 being the balance of the tenant’s “damage” account as at 19 November 2025. That amount included repairs carried out during the tenancy and payments made by the tenant to 19 November. At the hearing, the landlord withdrew claims for some of the charges on that account. It withdrew; pest treatment ($159), toilet seat ($59.66) and fence repair ($205.70). The net result is that the tenant’s “damage” balance was $144.51 at 19 November. That amount excludes the claims proven above.
- The $144.51 balance includes mirror damage, wall damage and replacement keys. The landlord provided details and evidence to prove those claims.
- The tenant has been making payments of $10 per week for the damage. Payments to 19 November have been taken into account in the $144.51 total for damage during the tenancy. There have been 16 payments since 26 November, so a credit of $160 has been applied to amount owing in Order 1.
- The landlord did not seek payment of the Tribunal application fee.