What was the outcome of Tenancy Tribunal case 5412928?

The tribunal order states: Andy Lotovale and Lemasaniai Lotovale must pay Kāinga Ora–Homes And

How much money was awarded in case 5412928?

Cleaning: $1,011.32 awarded to landlord; Rent Arrears: $1,193.15 awarded to landlord; Holes In Walls And Ceiling: $120.48 awarded to landlord; Rubbish Removal: $3,045.53 awarded to landlord

What type of tenancy dispute was case 5412928?

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

Where can I read the official tribunal order for case 5412928?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13379473-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5412928?

The tribunal order states: Andy Lotovale and Lemasaniai Lotovale must pay Kāinga Ora–Homes And

How much money was awarded in case 5412928?

Cleaning: $1,011.32 awarded to landlord; Rent Arrears: $1,193.15 awarded to landlord; Holes In Walls And Ceiling: $120.48 awarded to landlord; Rubbish Removal: $3,045.53 awarded to landlord

What type of tenancy dispute was case 5412928?

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

Where can I read the official tribunal order for case 5412928?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13379473-Tenancy_Tribunal_Order.pdf.

49 Manston Road, Mangere, Auckland 2022 Tenancy Tribunal Case 5412928 — Rent arrears

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49 Manston Road, Mangere, Auckland 2022 Tenancy Tribunal Case 5412928 — 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 5412928 — net $5,122.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 October 2025	$1,193.15	Rent arrears to 29 October 2025
Cleaning	$1,011.32	Cleaning
Repairs: Holes in walls and ceiling	$120.48	Repairs: Holes in walls and ceiling
Rubbish removal	$3,045.53	Rubbish removal
Net award	$5,122.48
Total payable by Tenant to Landlord	$5,122.48

Claims and awards for application 5412928 — net $5,122.48 NZD. Verify on MoJ.

Rent arrears to 29 October 2025

Amount: $1,193.15
Awarded to: Landlord
Reason: Rent arrears to 29 October 2025

Cleaning

Amount: $1,011.32
Awarded to: Landlord
Reason: Cleaning

Repairs: Holes in walls and ceiling

Amount: $120.48
Awarded to: Landlord
Reason: Repairs: Holes in walls and ceiling

Rubbish removal

Amount: $3,045.53
Awarded to: Landlord
Reason: Rubbish removal

Net award

Landlord $5,122.48

Total payable by Tenant to Landlord

Landlord $5,122.48

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage Rubbish Removal

Order

Andy Lotovale and Lemasaniai Lotovale must pay Kāinga Ora–Homes And Communities $5,122.48 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $248.00 (3382866-002) to Kāinga Ora– Homes And Communities immediately.

Reasons

The landlord attended the hearing on 31 March 2026. The tenant did not.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee 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.

How much does the tenant owe in rent arrears?

The landlord gave evidence the tenancy ended on 29 October 2025. I accept the landlord’s evidence.
The landlord submitted a rent summary, which proves the tenant owes $1,193.15 in rent arrears up to 29 October 2025.
The landlord’s claim for rent arrears is granted for $1,193.15.

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 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 photographs taken at the end of the tenancy show the premises in a very poor condition. The floors have not been vacuumed or mopped. Bench surfaces have not been wiped down. The kitchen cupboards are dirty and there are numerous rubbish bags inside the premises. There are also large items of furniture such as, mattresses, couches, bed bases and white wear that have been left at the premises. 1 Residential Tenancies Act 1986, section 40(1)(e)(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].
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: $1,011.32 b. Rubbish removal: $3,045.53
The landlord submitted work orders for these amounts.
The amount sought for rubbish removal is relatively high however, I consider it fairly reflects the likely time and effort spent removing the numerous items of large furniture and rubbish left behind.

Is the tenant responsible for damage that occurred 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 the 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 Analysis
The landlord submitted photographs taken at the beginning of the tenancy. No holes are present in the walls or ceiling. In contrast, the photographs taken at the end of the tenancy show one hole in the ceiling in the hallway. There are other holes in the walls in bedroom 1 and the toilet. The tenant appears to have tried to repair the holes in bedroom 1 however, the patch repair is poor and does not look professional. The wall has not been smoothed down or painted the correct colour.
I find the ceiling and walls were damaged during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.
The landlord submitted a work order for $120.48 to repair the holes. The landlord’s claim for compensation is granted for this amount. I do not make an adjustment for betterment and depreciation, because a patch repair was completed only, as opposed to the entire wall or bedroom being repainted. 7 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. Filing fee
The landlord did not seek reimbursement of the filing fee. Therefore, I do not order the tenant to pay this cost.

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 5412928 — net $5,122.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 October 2025	$1,193.15	Rent arrears to 29 October 2025
Cleaning	$1,011.32	Cleaning
Repairs: Holes in walls and ceiling	$120.48	Repairs: Holes in walls and ceiling
Rubbish removal	$3,045.53	Rubbish removal
Net award	$5,122.48
Total payable by Tenant to Landlord	$5,122.48

Claims and awards for application 5412928 — net $5,122.48 NZD. Verify on MoJ.

Rent arrears to 29 October 2025

Amount: $1,193.15
Awarded to: Landlord
Reason: Rent arrears to 29 October 2025

Cleaning

Amount: $1,011.32
Awarded to: Landlord
Reason: Cleaning

Repairs: Holes in walls and ceiling

Amount: $120.48
Awarded to: Landlord
Reason: Repairs: Holes in walls and ceiling

Rubbish removal

Amount: $3,045.53
Awarded to: Landlord
Reason: Rubbish removal

Net award

Landlord $5,122.48

Total payable by Tenant to Landlord

Landlord $5,122.48

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage Rubbish Removal

Order

Andy Lotovale and Lemasaniai Lotovale must pay Kāinga Ora–Homes And Communities $5,122.48 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $248.00 (3382866-002) to Kāinga Ora– Homes And Communities immediately.

Reasons

The landlord attended the hearing on 31 March 2026. The tenant did not.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee 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.

How much does the tenant owe in rent arrears?

The landlord gave evidence the tenancy ended on 29 October 2025. I accept the landlord’s evidence.
The landlord submitted a rent summary, which proves the tenant owes $1,193.15 in rent arrears up to 29 October 2025.
The landlord’s claim for rent arrears is granted for $1,193.15.

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 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 photographs taken at the end of the tenancy show the premises in a very poor condition. The floors have not been vacuumed or mopped. Bench surfaces have not been wiped down. The kitchen cupboards are dirty and there are numerous rubbish bags inside the premises. There are also large items of furniture such as, mattresses, couches, bed bases and white wear that have been left at the premises. 1 Residential Tenancies Act 1986, section 40(1)(e)(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].
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: $1,011.32 b. Rubbish removal: $3,045.53
The landlord submitted work orders for these amounts.
The amount sought for rubbish removal is relatively high however, I consider it fairly reflects the likely time and effort spent removing the numerous items of large furniture and rubbish left behind.

Is the tenant responsible for damage that occurred 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 the 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 Analysis
The landlord submitted photographs taken at the beginning of the tenancy. No holes are present in the walls or ceiling. In contrast, the photographs taken at the end of the tenancy show one hole in the ceiling in the hallway. There are other holes in the walls in bedroom 1 and the toilet. The tenant appears to have tried to repair the holes in bedroom 1 however, the patch repair is poor and does not look professional. The wall has not been smoothed down or painted the correct colour.
I find the ceiling and walls were damaged during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.
The landlord submitted a work order for $120.48 to repair the holes. The landlord’s claim for compensation is granted for this amount. I do not make an adjustment for betterment and depreciation, because a patch repair was completed only, as opposed to the entire wall or bedroom being repainted. 7 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. Filing fee
The landlord did not seek reimbursement of the filing fee. Therefore, I do not order the tenant to pay this cost.

Tenancy Tribunal case 5412928 — Rent arrears at 49 Manston Road, Mangere, Auckland 2022

At a glance

Tenancy Tribunal case 5412928 — Rent arrears at 49 Manston Road, Mangere, Auckland 2022

At a glance

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe in rent arrears?

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

Is the tenant responsible for damage that occurred during the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe in rent arrears?

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

Is the tenant responsible for damage that occurred during the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions