What was the outcome of Tenancy Tribunal case 5424550?

The tribunal order states: Waiata Whakamoemiti Kahui-Ariki must pay Kāinga Ora–Homes And

How much money was awarded in case 5424550?

Cleaning: $165.86 awarded to landlord; Cleaning: $48.45 awarded to landlord; Property Damage: $139.25 awarded to landlord; Replace Carpet (Depreciated: $699.24 awarded to landlord; Replace Kitchen Cupboard Doors: $172.90 awarded to landlord

What type of tenancy dispute was case 5424550?

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

Where can I read the official tribunal order for case 5424550?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13343678-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5424550?

The tribunal order states: Waiata Whakamoemiti Kahui-Ariki must pay Kāinga Ora–Homes And

How much money was awarded in case 5424550?

Cleaning: $165.86 awarded to landlord; Cleaning: $48.45 awarded to landlord; Property Damage: $139.25 awarded to landlord; Replace Carpet (Depreciated: $699.24 awarded to landlord; Replace Kitchen Cupboard Doors: $172.90 awarded to landlord

What type of tenancy dispute was case 5424550?

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

Where can I read the official tribunal order for case 5424550?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13343678-Tenancy_Tribunal_Order.pdf.

8 Pahekoheko Place, Te Atatu Peninsula, Auckland 0610 Tenancy Tribunal Case 5424550 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5424550 — net $1,225.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Oven/stove cleaning	$165.86	Oven/stove cleaning
Cleaning of the rangehood	$48.45	Cleaning of the rangehood
Replace carpet (depreciated	$699.24	Replace carpet (depreciated
Replace kitchen cupboard doors	$172.90	Replace kitchen cupboard doors
Repair/repaint bedroom walls	$139.25	Repair/repaint bedroom walls
Net award	$1,225.70
Total payable by Tenant to Landlord	$1,225.70

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with the hearing.

The landlord has applied for compensation following the end of the tenancy.

The tenancy commenced 7 July 2023 and ended on 12 November 2025.

The landlord withdrew the claim for rubbish removal.

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.

The landlord provided invoices and photos to support the costs of oven cleaning ($165.86) and rangehood cleaning ($48.45). Thes establish the cost and evidence the need. Both are awarded.

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 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: a. Carpet. The carpet was new at commencement. At exit, the living room carpet was damaged/badly stained beyond repair. It was replaced at a claimed depreciated cost of $699.24. b. Kitchen cabinetry. Two doors were removed without trace. These required replacing at a cost of $172.90. c. The bedroom wall in the main bedroom was badly marked. It required repair and repainting at a cost of $139.25.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The damage during this tenancy is proven by a number of entry and exit photos. The amounts ordered are considered reasonable.

I have accepted the landlord’s depreciation sum. 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. I am satisfied the depreciation applied and accepted takes into account the age and condition of the carpet at the start of the tenancy and its likely useful lifespan.

Claims and awards in Tenancy Tribunal application 5424550 — net $1,225.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Oven/stove cleaning	$165.86	Oven/stove cleaning
Cleaning of the rangehood	$48.45	Cleaning of the rangehood
Replace carpet (depreciated	$699.24	Replace carpet (depreciated
Replace kitchen cupboard doors	$172.90	Replace kitchen cupboard doors
Repair/repaint bedroom walls	$139.25	Repair/repaint bedroom walls
Net award	$1,225.70
Total payable by Tenant to Landlord	$1,225.70

Order

Waiata Whakamoemiti Kahui-Ariki must pay Kāinga Ora–Homes And Communities $1,225.70 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with the hearing.
The landlord has applied for compensation following the end of the tenancy.
The tenancy commenced 7 July 2023 and ended on 12 November 2025.
The landlord withdrew the claim for rubbish removal.

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.
The landlord provided invoices and photos to support the costs of oven cleaning ($165.86) and rangehood cleaning ($48.45). Thes establish the cost and evidence the need. Both are awarded.
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 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: a. Carpet. The carpet was new at commencement. At exit, the living room carpet was damaged/badly stained beyond repair. It was replaced at a claimed depreciated cost of $699.24. b. Kitchen cabinetry. Two doors were removed without trace. These required replacing at a cost of $172.90. c. The bedroom wall in the main bedroom was badly marked. It required repair and repainting at a cost of $139.25.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The damage during this tenancy is proven by a number of entry and exit photos. The amounts ordered are considered reasonable.
I have accepted the landlord’s depreciation sum. 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. I am satisfied the depreciation applied and accepted takes into account the age and condition of the carpet at the start of the tenancy and its likely useful lifespan.

Tenancy Tribunal case 5424550 — Cleanliness at 8 Pahekoheko Place, Te Atatu Peninsula, Auckland 0610

At a glance

Tenancy Tribunal case 5424550 — Cleanliness at 8 Pahekoheko Place, Te Atatu Peninsula, Auckland 0610

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