What was the outcome of Tenancy Tribunal case 5421298?

The tribunal order states: Naitanoa Seluini Kalekale must pay Barfoot & Thompson Limited On Behalf Of

How much money was awarded in case 5421298?

Blocked Drain: $233.53 awarded to landlord; CCTV Inspection Of Drain: $529.00 awarded to landlord; Cleaning: $560.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5306659 D…: $5,558.09 awarded to landlord; Property Damage: $418.00 awarded to landlord; Reattach Waste Water Pipe - Laundry: $219.51 awarded to landlord; Rubbish Removal: $345.00 awarded to landlord

What type of tenancy dispute was case 5421298?

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

Where can I read the official tribunal order for case 5421298?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13416423-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5421298?

The tribunal order states: Naitanoa Seluini Kalekale must pay Barfoot & Thompson Limited On Behalf Of

How much money was awarded in case 5421298?

Blocked Drain: $233.53 awarded to landlord; CCTV Inspection Of Drain: $529.00 awarded to landlord; Cleaning: $560.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5306659 D…: $5,558.09 awarded to landlord; Property Damage: $418.00 awarded to landlord; Reattach Waste Water Pipe - Laundry: $219.51 awarded to landlord; Rubbish Removal: $345.00 awarded to landlord

What type of tenancy dispute was case 5421298?

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

Where can I read the official tribunal order for case 5421298?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13416423-Tenancy_Tribunal_Order.pdf.

39 Weymouth Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5421298 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5421298 — net $7,891.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5306659 dated 24/09/2025	$5,558.09	Previous order application 5306659 dated 24/09/2025
Cleaning	$560.00	Cleaning
Rubbish removal and lawn mowing	$345.00	Rubbish removal and lawn mowing
Lock/key replacement	$418.00	Lock/key replacement
Blocked drain	$233.53	Blocked drain
CCTV inspection of drain	$529.00	CCTV inspection of drain
Reattach waste water pipe - laundry	$219.51	Reattach waste water pipe - laundry
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$7,891.13
Total payable by Tenant to Landlord	$7,891.13

This application was scheduled to be heard by video conference. The tenant did not connect to the Teams link provided to him and nor did he ring in to the hearing. The hearing therefore proceeded in his absence.

I note that this application was made more than 2 months after the tenancy. This means that special service provisions apply. However I am satisfied that the address for service for the tenant was his email address and all documentation has been sent to this email address. I am satisfied, then, that the tenant has received notice of this hearing and all documentation associated with it. The hearing therefore proceeded.

The landlord has applied for compensation and reimbursement of the filing fee following 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 photographs show that no effort had been made with regard o cleaning the premises or mowing the lawn and that there was a considerable amount of rubbish left behind.

The amounts ordered to remedy this situation are proved with invoices.

I accept the evidence that no keys were returned at the end of the tenancy and so I accept that the tenant is required to pay the invoiced cost of replacing locks - $418.00. This amount includes the cost of repairing a broken window handle which had been broken during the tenancy.

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 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. 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.

At the end of the tenancy it was discovered that the drain was blocked because wet wipes had been put down the toilet. This was intentional damage and the tenant is required to pay the invoiced cost of remedying this.

I note that the cost of remedy included having to get a CCTV image of what was causing the blockage.

I also accept the evidence that during the tenancy the waste water pipe in the laundry had been disconnected and reconnected with duct tape.

This meant that water was leaking on to the laundry floor.

The tenant is also required to pay the invoiced cost of reattaching the pipe - $219.51. Filing fee reimbursement

I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful with this claim against him. Previous Order

The previous order for applications 5306659 and 5298039 has been incorporated into this order. C ter Haar 09 April 2026

Claims and awards in Tenancy Tribunal application 5421298 — net $7,891.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5306659 dated 24/09/2025	$5,558.09	Previous order application 5306659 dated 24/09/2025
Cleaning	$560.00	Cleaning
Rubbish removal and lawn mowing	$345.00	Rubbish removal and lawn mowing
Lock/key replacement	$418.00	Lock/key replacement
Blocked drain	$233.53	Blocked drain
CCTV inspection of drain	$529.00	CCTV inspection of drain
Reattach waste water pipe - laundry	$219.51	Reattach waste water pipe - laundry
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$7,891.13
Total payable by Tenant to Landlord	$7,891.13

Order

Naitanoa Seluini Kalekale must pay Barfoot & Thompson Limited On Behalf Of Hitarth & Umesh Sharma $7,891.13 immediately, calculated as shown in table below.

Reasons

This application was scheduled to be heard by video conference. The tenant did not connect to the Teams link provided to him and nor did he ring in to the hearing. The hearing therefore proceeded in his absence.
I note that this application was made more than 2 months after the tenancy. This means that special service provisions apply. However I am satisfied that the address for service for the tenant was his email address and all documentation has been sent to this email address. I am satisfied, then, that the tenant has received notice of this hearing and all documentation associated with it. The hearing therefore proceeded.
The landlord has applied for compensation and reimbursement of the filing fee following 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 photographs show that no effort had been made with regard o cleaning the premises or mowing the lawn and that there was a considerable amount of rubbish left behind.
The amounts ordered to remedy this situation are proved with invoices.
I accept the evidence that no keys were returned at the end of the tenancy and so I accept that the tenant is required to pay the invoiced cost of replacing locks - $418.00. This amount includes the cost of repairing a broken window handle which had been broken during the tenancy.

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 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. 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.
At the end of the tenancy it was discovered that the drain was blocked because wet wipes had been put down the toilet. This was intentional damage and the tenant is required to pay the invoiced cost of remedying this.
I note that the cost of remedy included having to get a CCTV image of what was causing the blockage.
I also accept the evidence that during the tenancy the waste water pipe in the laundry had been disconnected and reconnected with duct tape.
This meant that water was leaking on to the laundry floor.
The tenant is also required to pay the invoiced cost of reattaching the pipe - $219.51. Filing fee reimbursement
I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful with this claim against him. Previous Order
The previous order for applications 5306659 and 5298039 has been incorporated into this order. C ter Haar 09 April 2026

Tenancy Tribunal case 5421298 — Cleanliness at 39 Weymouth Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5421298 — Cleanliness at 39 Weymouth Road, Manurewa, Auckland 2102

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

Property management

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

Property management

Frequently asked questions