What was the outcome of Tenancy Tribunal case 5423830?

The tribunal order states: Margaret Violeta Luafalealo and Penitino Anoa'i Keresome Sua must pay

How much money was awarded in case 5423830?

Cleaning: $548.45 awarded to landlord; Property Damage: $553.00 awarded to landlord; Rent Arrears: $2,216.43 awarded to landlord; Painting: $371.00 awarded to landlord; Wall Patch: $40.35 awarded to landlord; Rubbish Removal: $1,000.00 awarded to landlord

What type of tenancy dispute was case 5423830?

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

Where can I read the official tribunal order for case 5423830?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13440438-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5423830?

The tribunal order states: Margaret Violeta Luafalealo and Penitino Anoa'i Keresome Sua must pay

How much money was awarded in case 5423830?

Cleaning: $548.45 awarded to landlord; Property Damage: $553.00 awarded to landlord; Rent Arrears: $2,216.43 awarded to landlord; Painting: $371.00 awarded to landlord; Wall Patch: $40.35 awarded to landlord; Rubbish Removal: $1,000.00 awarded to landlord

What type of tenancy dispute was case 5423830?

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

Where can I read the official tribunal order for case 5423830?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13440438-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 2, 19 Netherlands Avenue, Kelston, Auckland Tenancy Tribunal Case 5423830 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5423830 — net $4,729.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 28 November 2025	$2,216.43	Rent arrears (to 28 November 2025
Cleaning	$548.45	Cleaning
Rubbish removal	$1,000.00	Rubbish removal
Repairs: Wall Patch	$40.35	Repairs: Wall Patch
Repairs: Painting	$371.00	Repairs: Painting
Electrical fittings replacement/repair: New Oven	$553.00	Electrical fittings replacement/repair: New Oven
Net award	$4,729.23
Total payable by Tenant to Landlord	$4,729.23

Margaret Violeta Luafalealo and Penitino Anoa'i Keresome Sua must pay Kāinga Ora–Homes And Communities $4,729.23 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 28 November 2025)$2,216.43 Cleaning$548.45 Rubbish removal$1,000.00 Repairs: Wall Patch$40.35 Repairs: Painting$371.00 Electrical fittings replacement/repair: New Oven$553.00 Total award$4,729.23 Total payable by Tenant to Landlord$4,729.23

Reasons

A representative of the landlord attended the hearing by video.

The tenants did not join the hearing by either the video link or the dial-in instructions set out in the Notice of Hearing. The tenants have been served and it was appropriate to proceed with the hearing.

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 28 November 2025. The landlord provided rent records which prove the amount owing at 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. The landlord claimed $845.46 for cleaning as follows: rangehood filters - $48.45, kitchen cupboards $104.26, general cleaning $692.75. It also claimed $1,523.01 for rubbish removal. The landlord provided photographs and a breakdown of costs to support its claims.

The landlord has not established that an additional cost of $104.26 was warranted for the kitchen cupboards. They may have needed a brief wipe down, but nothing more. The overall cost of the cleaning appears excessive, having regard to the photographs. The premises were not reasonably clean, nor were they filthy. A flat rate has been applied to the cleaning. I award $500 for cleaning, plus the cost to clean the rangehood filters – a total of $548.45.

The rubbish removal costs also appear excessive having regard to the photographs. I accept that there were some bulky items, but the photographs do not show that there was twice as much rubbish inside as outside (as claimed by the landlord). I award $1,000 for rubbish removal.

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.

The following damage was caused during the tenancy: a hole in the dining room wall, damage to paint surfaces from stickers and drawing and oven destroyed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord has applied appropriate depreciation rates to the amounts claimed, and a breakdown of the costs incurred. It also provided evidence of the condition of the property at the start and end of the tenancy. The amounts ordered are proved.

The landlord does not seek reimbursement of the Tribunal application fee.

Claims and awards in Tenancy Tribunal application 5423830 — net $4,729.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 28 November 2025	$2,216.43	Rent arrears (to 28 November 2025
Cleaning	$548.45	Cleaning
Rubbish removal	$1,000.00	Rubbish removal
Repairs: Wall Patch	$40.35	Repairs: Wall Patch
Repairs: Painting	$371.00	Repairs: Painting
Electrical fittings replacement/repair: New Oven	$553.00	Electrical fittings replacement/repair: New Oven
Net award	$4,729.23
Total payable by Tenant to Landlord	$4,729.23

Order

Margaret Violeta Luafalealo and Penitino Anoa'i Keresome Sua must pay Kāinga Ora–Homes And Communities $4,729.23 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 28 November 2025)$2,216.43 Cleaning$548.45 Rubbish removal$1,000.00 Repairs: Wall Patch$40.35 Repairs: Painting$371.00 Electrical fittings replacement/repair: New Oven$553.00 Total award$4,729.23 Total payable by Tenant to Landlord$4,729.23

Reasons

A representative of the landlord attended the hearing by video.
The tenants did not join the hearing by either the video link or the dial-in instructions set out in the Notice of Hearing. The tenants have been served and it was appropriate to proceed with the hearing.
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 28 November 2025. The landlord provided rent records which prove the amount owing at 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. The landlord claimed $845.46 for cleaning as follows: rangehood filters - $48.45, kitchen cupboards $104.26, general cleaning $692.75. It also claimed $1,523.01 for rubbish removal. The landlord provided photographs and a breakdown of costs to support its claims.
The landlord has not established that an additional cost of $104.26 was warranted for the kitchen cupboards. They may have needed a brief wipe down, but nothing more. The overall cost of the cleaning appears excessive, having regard to the photographs. The premises were not reasonably clean, nor were they filthy. A flat rate has been applied to the cleaning. I award $500 for cleaning, plus the cost to clean the rangehood filters – a total of $548.45.
The rubbish removal costs also appear excessive having regard to the photographs. I accept that there were some bulky items, but the photographs do not show that there was twice as much rubbish inside as outside (as claimed by the landlord). I award $1,000 for rubbish removal.

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.
The following damage was caused during the tenancy: a hole in the dining room wall, damage to paint surfaces from stickers and drawing and oven destroyed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has applied appropriate depreciation rates to the amounts claimed, and a breakdown of the costs incurred. It also provided evidence of the condition of the property at the start and end of the tenancy. The amounts ordered are proved.
The landlord does not seek reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5423830 — Rent arrears at Unit/Flat Unit 2, 19 Netherlands Avenue, Kelston, Auckland

At a glance

Tenancy Tribunal case 5423830 — Rent arrears at Unit/Flat Unit 2, 19 Netherlands Avenue, Kelston, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

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