What was the outcome of Tenancy Tribunal case 5414830?

The tribunal order states: Travis Morgan Paniora must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5414830?

Cleaning: $104.26 awarded to landlord; Cleaning: $318.54 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Paint Inside Wardrobe - Bedroom: $72.00 awarded to landlord; Paint Walls - Bathroom: $202.00 awarded to landlord; Paint Walls - Bedroom: $385.00 awarded to landlord; Hole In Ceiling - Living Room: $40.35 awarded to landlord; Hole In Wall - Bedroom: $40.35 awarded to landlord; Hole In Wall - Kitchen: $40.35 awarded to landlord; Hole In Wall - Laundry: $40.35 awarded to landlord; Replace furnishings: Carpet - bedroo…: $385.00 awarded to landlord; Replace furnishings: Carpet - living…: $534.00 awarded to landlord; Replace furnishings: Curtains - livi…: $136.00 awarded to landlord; Replace furnishings: Main door - bat…: $217.01 awarded to landlord; Replace furnishings: Toilet roll hol…: $30.79 awarded to landlord; Kitchen Vinyl: $207.00 awarded to landlord; Kitchen Vinyl: $124.00 awarded to landlord; Rubbish Removal: $36.74 awarded to landlord; Rubbish Removal: $5,377.50 awarded to landlord; Rubbish Removal: $164.21 awarded to landlord

What type of tenancy dispute was case 5414830?

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

Where can I read the official tribunal order for case 5414830?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13476488-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5414830?

The tribunal order states: Travis Morgan Paniora must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5414830?

Cleaning: $104.26 awarded to landlord; Cleaning: $318.54 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Paint Inside Wardrobe - Bedroom: $72.00 awarded to landlord; Paint Walls - Bathroom: $202.00 awarded to landlord; Paint Walls - Bedroom: $385.00 awarded to landlord; Hole In Ceiling - Living Room: $40.35 awarded to landlord; Hole In Wall - Bedroom: $40.35 awarded to landlord; Hole In Wall - Kitchen: $40.35 awarded to landlord; Hole In Wall - Laundry: $40.35 awarded to landlord; Replace furnishings: Carpet - bedroo…: $385.00 awarded to landlord; Replace furnishings: Carpet - living…: $534.00 awarded to landlord; Replace furnishings: Curtains - livi…: $136.00 awarded to landlord; Replace furnishings: Main door - bat…: $217.01 awarded to landlord; Replace furnishings: Toilet roll hol…: $30.79 awarded to landlord; Kitchen Vinyl: $207.00 awarded to landlord; Kitchen Vinyl: $124.00 awarded to landlord; Rubbish Removal: $36.74 awarded to landlord; Rubbish Removal: $5,377.50 awarded to landlord; Rubbish Removal: $164.21 awarded to landlord

What type of tenancy dispute was case 5414830?

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

Where can I read the official tribunal order for case 5414830?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13476488-Tenancy_Tribunal_Order.pdf.

96 Albionvale Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 5414830 — Property damage

Claims and awards in Tenancy Tribunal application 5414830 — net $8,483.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Replace furnishings: Carpet - living room

$534.00

Replace furnishings: Carpet - living room

Replace furnishings: Curtains - living room

$136.00

Replace furnishings: Curtains - living room

Repairs: Hole in ceiling - living room

$40.35

Repairs: Hole in ceiling - living room

Cleaning: Cupboards - kitchen

$104.26

Cleaning: Cupboards - kitchen

Repairs: Hole in wall - kitchen

$40.35

Repairs: Hole in wall - kitchen

Replace furnishings: Vinyl - kitchen

$124.00

Replace furnishings: Vinyl - kitchen

Replace furnishings: Carpet - bedroom

$385.00

Replace furnishings: Carpet - bedroom

Paint walls - bedroom

$385.00

Paint walls - bedroom

Paint inside wardrobe - bedroom

$72.00

Paint inside wardrobe - bedroom

Repairs: Hole in wall - bedroom

$40.35

Repairs: Hole in wall - bedroom

Replace furnishings: Main door - bathroom

$217.01

Replace furnishings: Main door - bathroom

Paint walls - bathroom

$202.00

Paint walls - bathroom

Replace furnishings: Toilet roll holder - bathroom

$30.79

Replace furnishings: Toilet roll holder - bathroom

Replace furnishings: Vinyl - bathroom

$207.00

Replace furnishings: Vinyl - bathroom

Repairs: Hole in wall - laundry

$40.35

Repairs: Hole in wall - laundry

Cleaning: Whole house

$318.54

Cleaning: Whole house

Rubbish removal: Property interior (1x m3

$164.21

Rubbish removal: Property interior (1x m3

Rubbish removal: Property exterior (30x m3

$5,377.50

Rubbish removal: Property exterior (30x m3

Rubbish removal: 2x tyres from the property

$36.74

Rubbish removal: 2x tyres from the property

Filing fee reimbursement

$28.00

Filing fee reimbursement

Net award

$8,483.45

Total payable by Tenant to Landlord

$8,483.45

Order

Travis Morgan Paniora must pay Kāinga Ora–Homes And Communities $8,483.45 immediately, calculated as shown in table below. DescriptionLandlord Replace furnishings: Carpet - living room$534.00 Replace furnishings: Curtains - living room$136.00 Repairs: Hole in ceiling - living room$40.35 Cleaning: Cupboards - kitchen$104.26 Repairs: Hole in wall - kitchen$40.35 Replace furnishings: Vinyl - kitchen$124.00 Replace furnishings: Carpet - bedroom$385.00 Paint walls - bedroom$385.00 Paint inside wardrobe - bedroom$72.00 Repairs: Hole in wall - bedroom$40.35 Replace furnishings: Main door - bathroom$217.01 Paint walls - bathroom$202.00 Replace furnishings: Toilet roll holder - bathroom$30.79 Replace furnishings: Vinyl - bathroom$207.00 Repairs: Hole in wall - laundry$40.35 Cleaning: Whole house$318.54 Rubbish removal: Property interior (1x m3)$164.21 Rubbish removal: Property exterior (30x m3)$5,377.50 Rubbish removal: 2x tyres from the property$36.74 Filing fee reimbursement$28.00 Total award$8,483.45 Total payable by Tenant to Landlord$8,483.45

Reasons

The hearing was conducted via video conference.

Ms Rea appeared on behalf of the landlord.

The tenant did not appear, nor did he contact the registry to provide reasons for his non-appearance or seek an adjournment.

The hearing proceeded in the tenant’s absence. Tribunal Order dated 13 October 2025

Adjudicator Mr Lamdin terminated the tenancy because the tenant failed to meet his legal obligation to keep the property reasonably clean and tidy. The main issue was the ongoing accumulation of large amounts of metal and other waste at the property, which at times overflowed onto the footpath and street, affecting neighbours and pedestrians.

Despite receiving multiple 14-day notices requiring him to fix the problem, the tenant did not adequately remedy the situation. The Tribunal found that the notice was validly served and that the tenant was aware of his obligations but continued to breach them.

The adjudicator considered the breach to be serious and long-running, not minor. Because of its scale and impact on the surrounding community, it was considered unfair not to end the tenancy.

The adjudicator then made an order terminating the tenancy and granting the landlord possession of the property.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy on 29 October 2025.

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.

Having reviewed the pre-tenancy and post-tenancy inspection reports, I am satisfied that the tenant did not comply with their obligations at the end of the tenancy.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

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.

Ms Rea took me through the damages, referring to photographs in support of the claims.

I am satisfied that the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The amount ordered has 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. Filing fee

Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5414830 — net $8,483.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Replace furnishings: Carpet - living room

$534.00

Replace furnishings: Carpet - living room

Replace furnishings: Curtains - living room

$136.00

Replace furnishings: Curtains - living room

Repairs: Hole in ceiling - living room

$40.35

Repairs: Hole in ceiling - living room

Cleaning: Cupboards - kitchen

$104.26

Cleaning: Cupboards - kitchen

Repairs: Hole in wall - kitchen

$40.35

Repairs: Hole in wall - kitchen

Replace furnishings: Vinyl - kitchen

$124.00

Replace furnishings: Vinyl - kitchen

Replace furnishings: Carpet - bedroom

$385.00

Replace furnishings: Carpet - bedroom

Paint walls - bedroom

$385.00

Paint walls - bedroom

Paint inside wardrobe - bedroom

$72.00

Paint inside wardrobe - bedroom

Repairs: Hole in wall - bedroom

$40.35

Repairs: Hole in wall - bedroom

Replace furnishings: Main door - bathroom

$217.01

Replace furnishings: Main door - bathroom

Paint walls - bathroom

$202.00

Paint walls - bathroom

Replace furnishings: Toilet roll holder - bathroom

$30.79

Replace furnishings: Toilet roll holder - bathroom

Replace furnishings: Vinyl - bathroom

$207.00

Replace furnishings: Vinyl - bathroom

Repairs: Hole in wall - laundry

$40.35

Repairs: Hole in wall - laundry

Cleaning: Whole house

$318.54

Cleaning: Whole house

Rubbish removal: Property interior (1x m3

$164.21

Rubbish removal: Property interior (1x m3

Rubbish removal: Property exterior (30x m3

$5,377.50

Rubbish removal: Property exterior (30x m3

Rubbish removal: 2x tyres from the property

$36.74

Rubbish removal: 2x tyres from the property

Filing fee reimbursement

$28.00

Filing fee reimbursement

Net award

$8,483.45

Total payable by Tenant to Landlord

$8,483.45

Order

Travis Morgan Paniora must pay Kāinga Ora–Homes And Communities $8,483.45 immediately, calculated as shown in table below. DescriptionLandlord Replace furnishings: Carpet - living room$534.00 Replace furnishings: Curtains - living room$136.00 Repairs: Hole in ceiling - living room$40.35 Cleaning: Cupboards - kitchen$104.26 Repairs: Hole in wall - kitchen$40.35 Replace furnishings: Vinyl - kitchen$124.00 Replace furnishings: Carpet - bedroom$385.00 Paint walls - bedroom$385.00 Paint inside wardrobe - bedroom$72.00 Repairs: Hole in wall - bedroom$40.35 Replace furnishings: Main door - bathroom$217.01 Paint walls - bathroom$202.00 Replace furnishings: Toilet roll holder - bathroom$30.79 Replace furnishings: Vinyl - bathroom$207.00 Repairs: Hole in wall - laundry$40.35 Cleaning: Whole house$318.54 Rubbish removal: Property interior (1x m3)$164.21 Rubbish removal: Property exterior (30x m3)$5,377.50 Rubbish removal: 2x tyres from the property$36.74 Filing fee reimbursement$28.00 Total award$8,483.45 Total payable by Tenant to Landlord$8,483.45

Reasons

The hearing was conducted via video conference.
Ms Rea appeared on behalf of the landlord.
The tenant did not appear, nor did he contact the registry to provide reasons for his non-appearance or seek an adjournment.
The hearing proceeded in the tenant’s absence. Tribunal Order dated 13 October 2025
Adjudicator Mr Lamdin terminated the tenancy because the tenant failed to meet his legal obligation to keep the property reasonably clean and tidy. The main issue was the ongoing accumulation of large amounts of metal and other waste at the property, which at times overflowed onto the footpath and street, affecting neighbours and pedestrians.
Despite receiving multiple 14-day notices requiring him to fix the problem, the tenant did not adequately remedy the situation. The Tribunal found that the notice was validly served and that the tenant was aware of his obligations but continued to breach them.
The adjudicator considered the breach to be serious and long-running, not minor. Because of its scale and impact on the surrounding community, it was considered unfair not to end the tenancy.
The adjudicator then made an order terminating the tenancy and granting the landlord possession of the property.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy on 29 October 2025.

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.
Having reviewed the pre-tenancy and post-tenancy inspection reports, I am satisfied that the tenant did not comply with their obligations at the end of the tenancy.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
Ms Rea took me through the damages, referring to photographs in support of the claims.
I am satisfied that the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The amount ordered has 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. Filing fee
Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5414830 — Property damage at 96 Albionvale Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 5414830 — Property damage at 96 Albionvale Road, Glen Eden, Auckland 0602

At a glance

Award balance

Claims & awards

Order

Reasons

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

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