Tenantcheck Insights · Case study
Tenancy Tribunal case 5415568 — Rent arrears at Unit/Flat Unit 1, 678 Pakuranga Road, Howick, Auckland
Published 14 May 2026 · Application 5415568
Landlord favoured
- Rent arrears
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
C Price
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,731.04
- Total balance for Tenant to pay Landlord
- $3,731.04
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 7.11.2025 | $1,384.64 | Rent arrears to 7.11.2025 | |
| Cleaning | $566.31 | Cleaning | |
| Rubbish removal: 5 cubic metres - exterior and interior | $836.09 | Rubbish removal: 5 cubic metres - exterior and interior | |
| Replace living room carpet | $944.00 | Replace living room carpet | |
| Net award | $3,731.04 | ||
| Total payable by Tenant to Landlord | $3,731.04 |
Claims and awards for application 5415568 — net $3,731.04 NZD. Verify on MoJ.
Rent arrears to 7.11.2025
- Amount
- $1,384.64
- Awarded to
- Landlord
- Reason
- Rent arrears to 7.11.2025
Cleaning
- Amount
- $566.31
- Awarded to
- Landlord
- Reason
- Cleaning
Rubbish removal: 5 cubic metres - exterior and interior
- Amount
- $836.09
- Awarded to
- Landlord
- Reason
- Rubbish removal: 5 cubic metres - exterior and interior
Replace living room carpet
- Amount
- $944.00
- Awarded to
- Landlord
- Reason
- Replace living room carpet
Net award
Landlord $3,731.04
Total payable by Tenant to Landlord
Landlord $3,731.04
Claim types — money lines allowed on this order
Order
- Tiama Faaaliga must pay Kāinga Ora–Homes And Communities $3,731.04 immediately, calculated as shown in table below.
Reasons
- Ms Smith, representing the landlord, attended the video conference hearing. The tenant did not join the hearing as per the instructions in the Notice of Hearing and so did not attend the hearing. As the tenant was served, the hearing proceeded in his absence.
- The landlord has applied for rent arrears and compensation following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 7 November 2025. The landlord provided rent records which prove the amount owing to 7 November 2025, the end of the tenancy, which is $1,384.64.
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 landlord said the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
- The landlord provided a Final Inspection Report dated 7 November 2025 with many photographs of the condition of the property at the end of the tenancy. The landlord also provided an Entry Inspection Report dated 24 July 2023 and internal work orders showing the amounts claimed for jobs related to their claims. Cleaning
- The landlord amended their cleaning claim, reducing the claim to $566.31, which included $165.86 for cleaning the stove and oven, $48.45 for cleaning rangehood filters, $52.00 for cleaning kitchen cupboards and $300.00 for cleaning the rest of the property.
- The landlord highlighted photographs in the Final Inspection Report showing a very dirty stove top, dirty oven, black, dirty rangehood filters, grubby kitchen cupboards, a dirty bedroom window, a bedroom carpet that had to be cleaned, a very dirty shower tray, a large mark on a ceiling and very dirty laundry floor.
- I find the tenant did not leave the property entirely reasonably clean and tidy, given the evidence. I further find the cleaning costs claimed to be reasonable, based on the evidence, and so award the landlord $566.31 for cleaning the property at the end of the tenancy. Rubbish removal
- The landlord claimed a total of $836.09 to clear, remove and dispose of rubbish left inside and outside the property, including the garage.
- The landlord pointed to photographs in the Final Inspection Report which showed some items left in the kitchen, a mattress and bed base, belongings in a wardrobe, shower mat, badminton rackets, table, chairs, large plastic container, netting, boxes, shelving unit, bed base, rubbish bags and clothing, inside the house and garage and outside the property.
- Given the evidence provided, I find the cost claimed by the landlord to remove all the rubbish to be reasonable and so award the landlord $836.09 for rubbish removal at the end of the tenancy.
- 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. Carpet replacement
- The landlord said the tenant damaged the living room carpet irreparably and so it had to be replaced.
- The landlord said they had cleaned the living room carpet to try and remove the multiple large staining in that carpet, but the large stains could not be removed by cleaning. As such, the landlord said they had to replace the living room carpet.
- Given the evidence provided, particularly the photographs of the staining damage to the living room carpet, which was quite extensive, I find it likely this was careless damage on the tenant’s part. As such, the tenant is liable for the cost of replacement less any depreciation, bearing in mind the cap in section 49B of the RTA.
- The landlord provided a work order showing the full cost of replacing the carpet, which was $1,179.97. I find this a reasonable cost to replace the carpet, given the evidence, prior to consideration for depreciation.
- In determining the compensation payable, depreciation must be taken into account. Depreciation is linked to the concept of betterment. Everything is subject to wear and tear and will need to be replaced in time. Where an item has to be replaced as a result of tenant damage, this hastens the process. If the damaged item is replaced with a ‘better’ item, compensation is adjusted to reflect that. A landlord should not be placed in a better position following a claim in the Tribunal than the landlord would have been if the damage had not occurred.
- The landlord said a new carpet had been installed immediately prior to the start of the tenancy so the carpet was around 2 years old. Current depreciation guidelines estimate the lifespan of a carpet in a rental property is around 10 years. Thus, I deduct the full cost of replacing the carpet of $1,179.97 by 20% for depreciation to an award of $944.00.
- The equivalent of four weeks’ market rent here is $2,752.00 (market rent being $688.00/week from 28 October 2025). Insurance excess is not applicable here. As such, the tenant’s liability is limited to the equivalent of four weeks’ market rent. As the depreciated cost of replacing the carpet of $944.00 is less than four weeks’ rent, I award the landlord $944.00 for replacing the living room carpet at the end of the tenancy.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B, s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5415568?
The tribunal order states: Tiama Faaaliga must pay Kāinga Ora–Homes And Communities $3,731.04
How much money was awarded in case 5415568?
Cleaning: $566.31 awarded to landlord; Rent Arrears: $1,384.64 awarded to landlord; Replace Living Room Carpet: $944.00 awarded to landlord; Rubbish Removal: $836.09 awarded to landlord
What type of tenancy dispute was case 5415568?
The primary dispute was Rent arrears. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5415568?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13597566-Tribunal_Order.pdf.