What was the outcome of Tenancy Tribunal case 5402748?

The tribunal order states: Rotoa Ravarua and Amowonu Aritoka must pay Kāinga Ora–Homes And

How much money was awarded in case 5402748?

Cleaning: $963.00 awarded to landlord; Holes In Walls: $174.54 awarded to landlord; Rubbish Removal: $1,952.25 awarded to landlord

What type of tenancy dispute was case 5402748?

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

Where can I read the official tribunal order for case 5402748?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13331347-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5402748?

The tribunal order states: Rotoa Ravarua and Amowonu Aritoka must pay Kāinga Ora–Homes And

How much money was awarded in case 5402748?

Cleaning: $963.00 awarded to landlord; Holes In Walls: $174.54 awarded to landlord; Rubbish Removal: $1,952.25 awarded to landlord

What type of tenancy dispute was case 5402748?

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

Where can I read the official tribunal order for case 5402748?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13331347-Tenancy_Tribunal_Order.pdf.

9 Bedlow Place, Mangere East, Auckland 2024 Tenancy Tribunal Case 5402748 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5402748 — net $2,917.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$963.00	Cleaning
Repairs: Holes in walls	$174.54	Repairs: Holes in walls
Rubbish removal	$1,952.25	Rubbish removal
Net award	$2,917.79
Total payable by Tenant to Landlord	$2,917.79

The landlord attended the hearing on 23 March 2026. The tenant did not.

The landlord has applied for compensation and refund of the bond following the end of the tenancy.

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Did the tenant comply with their obligations at the end of the tenancy?

The law

At the end of the tenancy, the tenant must leave the premises reasonably clean and tidy, and remove all goods and rubbish. 1

“Reasonably” clean means clean to the standard an average, reasonable bystander would consider reasonable. 2 It does not mean commercially clean, 3 spotless 4 or to a hotel or motel standard. 5 The better the premises and the higher the rent payable, the higher the standard expected. 6 Analysis

The landlord submitted photographs taken at the end of the tenancy. These show the kitchen and bathroom cupboards are dirty. The extractor fan is very dirty. There is a lot of grime on the walls. The floor in the laundry is dirty and the carpets are stained in some areas. There is also a large amount of rubbish outside the premises, including large items of furniture such as mattresses and a table. On the basis of these photographs, I find the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord’s claim for compensation for cleaning and rubbish removal is granted for the following amounts: a. Cleaning: $963.00 b. Rubbish removal: $1,952.25

The landlord submitted a work order for these amounts. 1 Residential Tenancies Act 1986, section 40(1)(e)(ii) & (iii). 2 Housing New Zealand v Holloway NZTT Auckland TT215/93, 8 February 1993 at [8]. 3 Mills v Kiwi Property Care Ltd NZTT Auckland TT215/93, 8 February 1993 at [8]. 4 Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 5 Richards v Scully NZTT Christchurch TT858/97, 8 May 1997 at [3]; Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 6 Westwood v Western [1994] DCR 759 at [770]. Is the tenant responsible for damage that occurred at the premises during the tenancy? The law

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. 7

Fair wear and tear is the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant. 8 Analysis

The landlord submitted a copy of the written inspection report taken at the beginning of the tenancy on 30 October 2014. No holes to the walls are noted.

The landlord submitted photographs taken at the end of the tenancy, which show holes in the walls in one of the bedrooms.

I am convinced on the balance of probabilities that the holes occurred during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.

The landlord’s claim for compensation to repair the holes is granted for $174.54. The landlord submitted a work order for this amount.

No reduction is made for betterment and depreciation, because a patch repair was completed, as opposed to the entire wall or bedroom being repainted. 7 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. 8 See discussion in Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403. Filing fee

The landlord did not seek to recover the filing fee and therefore, I have not made an order for the tenant to pay this cost.

Claims and awards in Tenancy Tribunal application 5402748 — net $2,917.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$963.00	Cleaning
Repairs: Holes in walls	$174.54	Repairs: Holes in walls
Rubbish removal	$1,952.25	Rubbish removal
Net award	$2,917.79
Total payable by Tenant to Landlord	$2,917.79

Order

Rotoa Ravarua and Amowonu Aritoka must pay Kāinga Ora–Homes And Communities $2,917.79 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $172.00 (3489633-003) to Kāinga Ora– Homes And Communities immediately.

Reasons

The landlord attended the hearing on 23 March 2026. The tenant did not.
The landlord has applied for compensation and refund of the bond following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Did the tenant comply with their obligations at the end of the tenancy?

The law

At the end of the tenancy, the tenant must leave the premises reasonably clean and tidy, and remove all goods and rubbish. 1
“Reasonably” clean means clean to the standard an average, reasonable bystander would consider reasonable. 2 It does not mean commercially clean, 3 spotless 4 or to a hotel or motel standard. 5 The better the premises and the higher the rent payable, the higher the standard expected. 6 Analysis
The landlord submitted photographs taken at the end of the tenancy. These show the kitchen and bathroom cupboards are dirty. The extractor fan is very dirty. There is a lot of grime on the walls. The floor in the laundry is dirty and the carpets are stained in some areas. There is also a large amount of rubbish outside the premises, including large items of furniture such as mattresses and a table. On the basis of these photographs, I find the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord’s claim for compensation for cleaning and rubbish removal is granted for the following amounts: a. Cleaning: $963.00 b. Rubbish removal: $1,952.25
The landlord submitted a work order for these amounts. 1 Residential Tenancies Act 1986, section 40(1)(e)(ii) & (iii). 2 Housing New Zealand v Holloway NZTT Auckland TT215/93, 8 February 1993 at [8]. 3 Mills v Kiwi Property Care Ltd NZTT Auckland TT215/93, 8 February 1993 at [8]. 4 Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 5 Richards v Scully NZTT Christchurch TT858/97, 8 May 1997 at [3]; Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 6 Westwood v Western [1994] DCR 759 at [770]. Is the tenant responsible for damage that occurred at the premises during the tenancy? The law
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. 7
Fair wear and tear is the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant. 8 Analysis
The landlord submitted a copy of the written inspection report taken at the beginning of the tenancy on 30 October 2014. No holes to the walls are noted.
The landlord submitted photographs taken at the end of the tenancy, which show holes in the walls in one of the bedrooms.
I am convinced on the balance of probabilities that the holes occurred during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.
The landlord’s claim for compensation to repair the holes is granted for $174.54. The landlord submitted a work order for this amount.
No reduction is made for betterment and depreciation, because a patch repair was completed, as opposed to the entire wall or bedroom being repainted. 7 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. 8 See discussion in Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403. Filing fee
The landlord did not seek to recover the filing fee and therefore, I have not made an order for the tenant to pay this cost.

Tenancy Tribunal case 5402748 — Cleanliness at 9 Bedlow Place, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 5402748 — Cleanliness at 9 Bedlow Place, Mangere East, Auckland 2024

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions