What was the outcome of Tenancy Tribunal case 5401832?

The tribunal order states: Valerie Tupai and LAAUOLEOLA TUPAI must pay Kāinga Ora–Homes And

How much money was awarded in case 5401832?

Cleaning: $104.26 awarded to landlord; Rent Arrears: $1,925.00 awarded to landlord; Bedroom 1 Door: $40.16 awarded to landlord; Bedroom 2- Wall: $40.16 awarded to landlord; Bedroom 3- Door: $91.54 awarded to landlord; Bedroom 3-Wall: $40.16 awarded to landlord; Kitchen Door Hole: $183.08 awarded to landlord; Window: $119.07 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord

What type of tenancy dispute was case 5401832?

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

Where can I read the official tribunal order for case 5401832?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13319811-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5401832?

The tribunal order states: Valerie Tupai and LAAUOLEOLA TUPAI must pay Kāinga Ora–Homes And

How much money was awarded in case 5401832?

Cleaning: $104.26 awarded to landlord; Rent Arrears: $1,925.00 awarded to landlord; Bedroom 1 Door: $40.16 awarded to landlord; Bedroom 2- Wall: $40.16 awarded to landlord; Bedroom 3- Door: $91.54 awarded to landlord; Bedroom 3-Wall: $40.16 awarded to landlord; Kitchen Door Hole: $183.08 awarded to landlord; Window: $119.07 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord

What type of tenancy dispute was case 5401832?

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

Where can I read the official tribunal order for case 5401832?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13319811-Tenancy_Tribunal_Order.pdf.

7 Rose Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 5401832 — Rent arrears

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7 Rose Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 5401832 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5401832 — net $2,447.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,925.00	Rent arrears
Rubbish removal	$100.00	Rubbish removal
Repairs: Window	$119.07	Repairs: Window
Repairs: Kitchen door hole	$183.08	Repairs: Kitchen door hole
Cleaning: Kitchen cupboard	$104.26	Cleaning: Kitchen cupboard
Repairs: Bedroom 1 door	$40.16	Repairs: Bedroom 1 door
Repairs: Bedroom 2- wall	$40.16	Repairs: Bedroom 2- wall
Repairs: Bedroom 3- door	$91.54	Repairs: Bedroom 3- door
Repairs: Bedroom 3-wall	$40.16	Repairs: Bedroom 2- wall
Net award	$2,447.43
Total payable by Tenant to Landlord	$2,447.43

Claims and awards for application 5401832 — net $2,447.43 NZD. Verify on MoJ.

Rent arrears

Amount: $1,925.00
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal

Amount: $100.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Window

Amount: $119.07
Awarded to: Landlord
Reason: Repairs: Window

Repairs: Kitchen door hole

Amount: $183.08
Awarded to: Landlord
Reason: Repairs: Kitchen door hole

Cleaning: Kitchen cupboard

Amount: $104.26
Awarded to: Landlord
Reason: Cleaning: Kitchen cupboard

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage Rubbish Removal

Order

Valerie Tupai and LAAUOLEOLA TUPAI must pay Kāinga Ora–Homes And Communities $2,447.43 immediately, being rent arrears to 17 October 2025.
The Bond Centre is to pay the bond of $196.00 (3018793-002) to Kāinga Ora– Homes And Communities immediately.

Reasons

The Landlord attended the hearing. The Tenant did not attend.
At the hearing the Landlord advised the Tenant had contacted the Landlord on 19 March 2026 and confirmed they had relocated to Australia. The Tenant also advised she agreed to pay for the damages.
The landlord has applied for rent arrears, compensation and refund of the bond.
At the hearing the Landlord withdrew their claim for cleaning and replacement of the heat pump remote. They also reduced their claim for rubbish.

How much is owed for rent?

The tenancy ended on 17 October 2025. The landlord provided rent records which prove the amount owing at 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. 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. Entry and exit inspection reports were provided to substantiate the need for cleaning and rubbish removal. A work order was also provided.
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: kitchen door hole and window smash, bedroom 1 door hole, bedroom 2 door hole and wall hole, bedroom 3 door and wall hole. 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 & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5401832 — net $2,447.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,925.00	Rent arrears
Rubbish removal	$100.00	Rubbish removal
Repairs: Window	$119.07	Repairs: Window
Repairs: Kitchen door hole	$183.08	Repairs: Kitchen door hole
Cleaning: Kitchen cupboard	$104.26	Cleaning: Kitchen cupboard
Repairs: Bedroom 1 door	$40.16	Repairs: Bedroom 1 door
Repairs: Bedroom 2- wall	$40.16	Repairs: Bedroom 2- wall
Repairs: Bedroom 3- door	$91.54	Repairs: Bedroom 3- door
Repairs: Bedroom 3-wall	$40.16	Repairs: Bedroom 2- wall
Net award	$2,447.43
Total payable by Tenant to Landlord	$2,447.43

Claims and awards for application 5401832 — net $2,447.43 NZD. Verify on MoJ.

Rent arrears

Amount: $1,925.00
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal

Amount: $100.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Window

Amount: $119.07
Awarded to: Landlord
Reason: Repairs: Window

Repairs: Kitchen door hole

Amount: $183.08
Awarded to: Landlord
Reason: Repairs: Kitchen door hole

Cleaning: Kitchen cupboard

Amount: $104.26
Awarded to: Landlord
Reason: Cleaning: Kitchen cupboard

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage Rubbish Removal

Order

Valerie Tupai and LAAUOLEOLA TUPAI must pay Kāinga Ora–Homes And Communities $2,447.43 immediately, being rent arrears to 17 October 2025.
The Bond Centre is to pay the bond of $196.00 (3018793-002) to Kāinga Ora– Homes And Communities immediately.

Reasons

The Landlord attended the hearing. The Tenant did not attend.
At the hearing the Landlord advised the Tenant had contacted the Landlord on 19 March 2026 and confirmed they had relocated to Australia. The Tenant also advised she agreed to pay for the damages.
The landlord has applied for rent arrears, compensation and refund of the bond.
At the hearing the Landlord withdrew their claim for cleaning and replacement of the heat pump remote. They also reduced their claim for rubbish.

How much is owed for rent?

The tenancy ended on 17 October 2025. The landlord provided rent records which prove the amount owing at 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. 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. Entry and exit inspection reports were provided to substantiate the need for cleaning and rubbish removal. A work order was also provided.
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: kitchen door hole and window smash, bedroom 1 door hole, bedroom 2 door hole and wall hole, bedroom 3 door and wall hole. 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 5401832 — Rent arrears at 7 Rose Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 5401832 — Rent arrears at 7 Rose Road, Papatoetoe, Auckland 2025

At a glance

Award balance

Claims & awards

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions