What was the outcome of Tenancy Tribunal case 5421843?

The tribunal order states: Jahtarna Rangi-Pepi Kino must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5421843?

Cleaning: $845.46 awarded to landlord; Heat Pump Remote: $53.34 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Payments Made To 21/5/26: $3,042.15 awarded to tenant; Property Damage: $474.00 awarded to landlord; Property Damage: $368.33 awarded to landlord; Holes In Walls: $160.64 awarded to landlord; Property Damage: $1,277.15 awarded to landlord; Rubbish Removal: $2,381.67 awarded to landlord

What type of tenancy dispute was case 5421843?

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

Where can I read the official tribunal order for case 5421843?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13683834-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5421843?

The tribunal order states: Jahtarna Rangi-Pepi Kino must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5421843?

Cleaning: $845.46 awarded to landlord; Heat Pump Remote: $53.34 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Payments Made To 21/5/26: $3,042.15 awarded to tenant; Property Damage: $474.00 awarded to landlord; Property Damage: $368.33 awarded to landlord; Holes In Walls: $160.64 awarded to landlord; Property Damage: $1,277.15 awarded to landlord; Rubbish Removal: $2,381.67 awarded to landlord

What type of tenancy dispute was case 5421843?

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

Where can I read the official tribunal order for case 5421843?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13683834-Tenancy_Tribunal_Order.pdf.

52A Blampied Road, Otara, Auckland 2023 Tenancy Tribunal Case 5421843 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5421843 — net $2,818.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$845.46		Cleaning
Rubbish removal	$2,381.67		Rubbish removal
Lawns and Garden work	$300.00		Lawns and Garden work
Heat Pump remote	$53.34		Heat Pump remote
Replace furnishings: Carpet replacement and repair	$1,277.15		Replace furnishings: Carpet replacement and repair
Oven replacement	$474.00		Oven replacement
Repairs: Holes in walls	$160.64		Repairs: Holes in walls
Window repairs	$368.33		Window repairs
Payments made to 21/5/26		$3,042.15	Payments made to 21/5/26
Total award	$5,860.59	$3,042.15
Net award	$2,818.44
Total payable by Tenant to Landlord	$2,818.44

The landlord attended the hearing which was conducted remotely. The tenant did not attend but I am satisfied the Notice of hearing was served at the tenant’s email address for service.

The tenancy commenced on 12 December 2023 and ended on 13 November 2025.

The landlord has applied for compensation 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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There as a large amount of rubbish to be removed from both inside and outside of the premises and the section was overgrown.

The heat pump remote was missing 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 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.

The following damage was caused during the tenancy:

Carpet: The carpet in the living room and bedroom 1 were filthy and badly stained and required replacement.

Oven: The elements on the top of the oven were rusted out and the inside of the oven was so dirty it could not be cleaned and required replacement.

Window repair; The lounge window was broken. There as a claim for repair to the frame of the kitchen window but I consider this was caused mostly by the condition of the window frame itself and this part of the claim is dismissed.

Holes: There were holes in the wall in the dining room and the bedroom 1. There was a claim for painting the lounge ceiling which appeared necessary because of blistering of the paint work. The landlord was unsure how this has might have occurred however I find it hasn’t been established that it was damage caused by the tenant and this part of the claim is dismissed.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage to the property and the condition it was presented in is of such an extent that this can only be regarded as intentional as the premises have been allowed to deteriorate over a period of time.

The amounts ordered are proved. The tenant continues to make payments of $20.00 per week in reduction of the debt.

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 and awards in Tenancy Tribunal application 5421843 — net $2,818.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$845.46		Cleaning
Rubbish removal	$2,381.67		Rubbish removal
Lawns and Garden work	$300.00		Lawns and Garden work
Heat Pump remote	$53.34		Heat Pump remote
Replace furnishings: Carpet replacement and repair	$1,277.15		Replace furnishings: Carpet replacement and repair
Oven replacement	$474.00		Oven replacement
Repairs: Holes in walls	$160.64		Repairs: Holes in walls
Window repairs	$368.33		Window repairs
Payments made to 21/5/26		$3,042.15	Payments made to 21/5/26
Total award	$5,860.59	$3,042.15
Net award	$2,818.44
Total payable by Tenant to Landlord	$2,818.44

Order

Jahtarna Rangi-Pepi Kino must pay Kāinga Ora–Homes And Communities $2818.44 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing which was conducted remotely. The tenant did not attend but I am satisfied the Notice of hearing was served at the tenant’s email address for service.
The tenancy commenced on 12 December 2023 and ended on 13 November 2025.
The landlord has applied for compensation 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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There as a large amount of rubbish to be removed from both inside and outside of the premises and the section was overgrown.
The heat pump remote was missing 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 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.
The following damage was caused during the tenancy:
Carpet: The carpet in the living room and bedroom 1 were filthy and badly stained and required replacement.
Oven: The elements on the top of the oven were rusted out and the inside of the oven was so dirty it could not be cleaned and required replacement.
Window repair; The lounge window was broken. There as a claim for repair to the frame of the kitchen window but I consider this was caused mostly by the condition of the window frame itself and this part of the claim is dismissed.
Holes: There were holes in the wall in the dining room and the bedroom 1. There was a claim for painting the lounge ceiling which appeared necessary because of blistering of the paint work. The landlord was unsure how this has might have occurred however I find it hasn’t been established that it was damage caused by the tenant and this part of the claim is dismissed.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage to the property and the condition it was presented in is of such an extent that this can only be regarded as intentional as the premises have been allowed to deteriorate over a period of time.
The amounts ordered are proved. The tenant continues to make payments of $20.00 per week in reduction of the debt.
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 5421843 — Property damage at 52A Blampied Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5421843 — Property damage at 52A Blampied Road, Otara, Auckland 2023

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