What was the outcome of Tenancy Tribunal case 5412642?

The tribunal order states: Christine Herbert must pay Kāinga Ora–Homes And Communities $4,121.65

How much money was awarded in case 5412642?

Cleaning: $500.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Property Damage: $160.64 awarded to landlord; Rent Arrears: $140.00 awarded to landlord; Rubbish Removal: $3,271.01 awarded to landlord

What type of tenancy dispute was case 5412642?

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

Where can I read the official tribunal order for case 5412642?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13377152-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5412642?

The tribunal order states: Christine Herbert must pay Kāinga Ora–Homes And Communities $4,121.65

How much money was awarded in case 5412642?

Cleaning: $500.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Property Damage: $160.64 awarded to landlord; Rent Arrears: $140.00 awarded to landlord; Rubbish Removal: $3,271.01 awarded to landlord

What type of tenancy dispute was case 5412642?

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

Where can I read the official tribunal order for case 5412642?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13377152-Tenancy_Tribunal_Order.pdf.

108 Friedlanders Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5412642 — Cleanliness

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108 Friedlanders Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5412642 — Cleanliness | 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 5412642 — net $4,121.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 November 2025	$140.00	Rent arrears to 2 November 2025
Rubbish removal	$3,271.01	Rubbish removal
Lawns and Garden work: Grass slash	$200.00	Lawns and Garden work: Grass slash
Cleaning	$500.00	Cleaning
Repairs	$160.64	Repairs
Net award	$4,121.65
Total payable by Tenant to Landlord	$4,121.65

Claims and awards for application 5412642 — net $4,121.65 NZD. Verify on MoJ.

Rent arrears to 2 November 2025

Amount: $140.00
Awarded to: Landlord
Reason: Rent arrears to 2 November 2025

Rubbish removal

Amount: $3,271.01
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work: Grass slash

Amount: $200.00
Awarded to: Landlord
Reason: Lawns and Garden work: Grass slash

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Repairs

Amount: $160.64
Awarded to: Landlord
Reason: Repairs

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

Christine Herbert must pay Kāinga Ora–Homes And Communities $4,121.65 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $150.00 (3450405-002) to Kāinga Ora– Homes And Communities immediately.

Reasons

Mr Campbell for the landlord attended the hearing. The tenant did not attend.
This was a 21 year tenancy that ended when the tenant gave notice.
The landlord has applied for rent arrears, compensation for cleaning, lawn slashing and mowing, rubbish removal and repair work and refund of the bond following the end of the tenancy.

How much is owed for rent?

The tenancy was due to end on the 29 October 2025, but the landlord says that the tenants did not move out and hand back the keys until the 2 November 2025. Tenants are liable for rent up until the day that they leave the tenancy therefore the tenant owes rent from 29 October to the 2 November 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.
There was a significant amount of rubbish (18.5 cubic metres) left at the tenancy premises both inside and outside the property. The landlord had to pay contractors to remove the rubbish and dispose of it. I am satisfied that the amounts awarded are reasonable for the work that was required.
The tenant had made some attempt to clean the property. The landlord sought $741.20 for cleaning. This included cleaning walls etc. Due to the age of the property and the length of this tenancy, the landlord undertook a full repaint and carpet replacement after the tenancy ended. I do not consider that the tenant should have to pay for full cleaning of walls and ceilings that are to be sanded down and repainted. I have therefore reduced the amount awarded for cleaning.
The tenant had an obligation to maintain the lawns and gardens, the vacate inspection shows the lawns of this large section very overgrown and I am satisfied that the landlord needed to slash the lawns first and then mow them. The amount claimed is awarded.
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. The landlord provided the Tribunal with an inspection report from 2018 that showed that the damage that was being claimed by the landlord in this application occurred after that date.
Tenants are liable for the cost of repairing damage that is intentional. 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.
I am satisfied that the tenant caused damage to being holes in the walls to 4 areas of the house. I am not satisfied that the tenant is liable for two of the holes claimed as they appear to have been caused from the door banging into the wall. On at least one of these walls there is no door stop to prevent this.
The 4 holes that I consider tenant damage are 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 5412642 — net $4,121.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 November 2025	$140.00	Rent arrears to 2 November 2025
Rubbish removal	$3,271.01	Rubbish removal
Lawns and Garden work: Grass slash	$200.00	Lawns and Garden work: Grass slash
Cleaning	$500.00	Cleaning
Repairs	$160.64	Repairs
Net award	$4,121.65
Total payable by Tenant to Landlord	$4,121.65

Claims and awards for application 5412642 — net $4,121.65 NZD. Verify on MoJ.

Rent arrears to 2 November 2025

Amount: $140.00
Awarded to: Landlord
Reason: Rent arrears to 2 November 2025

Rubbish removal

Amount: $3,271.01
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work: Grass slash

Amount: $200.00
Awarded to: Landlord
Reason: Lawns and Garden work: Grass slash

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Repairs

Amount: $160.64
Awarded to: Landlord
Reason: Repairs

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

Christine Herbert must pay Kāinga Ora–Homes And Communities $4,121.65 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $150.00 (3450405-002) to Kāinga Ora– Homes And Communities immediately.

Reasons

Mr Campbell for the landlord attended the hearing. The tenant did not attend.
This was a 21 year tenancy that ended when the tenant gave notice.
The landlord has applied for rent arrears, compensation for cleaning, lawn slashing and mowing, rubbish removal and repair work and refund of the bond following the end of the tenancy.

How much is owed for rent?

The tenancy was due to end on the 29 October 2025, but the landlord says that the tenants did not move out and hand back the keys until the 2 November 2025. Tenants are liable for rent up until the day that they leave the tenancy therefore the tenant owes rent from 29 October to the 2 November 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.
There was a significant amount of rubbish (18.5 cubic metres) left at the tenancy premises both inside and outside the property. The landlord had to pay contractors to remove the rubbish and dispose of it. I am satisfied that the amounts awarded are reasonable for the work that was required.
The tenant had made some attempt to clean the property. The landlord sought $741.20 for cleaning. This included cleaning walls etc. Due to the age of the property and the length of this tenancy, the landlord undertook a full repaint and carpet replacement after the tenancy ended. I do not consider that the tenant should have to pay for full cleaning of walls and ceilings that are to be sanded down and repainted. I have therefore reduced the amount awarded for cleaning.
The tenant had an obligation to maintain the lawns and gardens, the vacate inspection shows the lawns of this large section very overgrown and I am satisfied that the landlord needed to slash the lawns first and then mow them. The amount claimed is awarded.
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. The landlord provided the Tribunal with an inspection report from 2018 that showed that the damage that was being claimed by the landlord in this application occurred after that date.
Tenants are liable for the cost of repairing damage that is intentional. 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.
I am satisfied that the tenant caused damage to being holes in the walls to 4 areas of the house. I am not satisfied that the tenant is liable for two of the holes claimed as they appear to have been caused from the door banging into the wall. On at least one of these walls there is no door stop to prevent this.
The 4 holes that I consider tenant damage are 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 5412642 — Cleanliness at 108 Friedlanders Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5412642 — Cleanliness at 108 Friedlanders Road, Manurewa, Auckland 2102

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