What was the outcome of Tenancy Tribunal case 5427272?

The tribunal order states: Lina Fuga must pay Kāinga Ora–Homes And Communities $1,897.75

How much money was awarded in case 5427272?

Carpet: $117.00 awarded to landlord; Cleaning: $692.75 awarded to landlord; Rent Arrears: $788.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord

What type of tenancy dispute was case 5427272?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5427272?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13448013-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5427272?

The tribunal order states: Lina Fuga must pay Kāinga Ora–Homes And Communities $1,897.75

How much money was awarded in case 5427272?

Carpet: $117.00 awarded to landlord; Cleaning: $692.75 awarded to landlord; Rent Arrears: $788.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord

What type of tenancy dispute was case 5427272?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5427272?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13448013-Tenancy_Tribunal_Order.pdf.

69 Vodanovich Road, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 5427272 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5427272 — net $1,897.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11/12/2025	$788.00	Rent arrears to 11/12/2025
Rubbish removal (internal	$200.00	Rubbish removal (internal
Rubbish removal (external	$100.00	Rubbish removal (external
Cleaning	$692.75	Cleaning
Carpet	$117.00	Carpet
Net award	$1,897.75
Total payable by Tenant to Landlord	$1,897.75

The hearing was held by video conference. The landlord attended but the tenant did not attend. The Tribunal attempted to contact the tenant on the number provided; however, on both occasions the call went to voicemail. I am satisfied that adequate service of the hearing notice was completed and it was reasonable to proceed in the tenant’s absence.

The landlord has applied for rent arrears, compensation, and refund of the bond following the end of the tenancy. The landlord relied on a rent statement, invoices for the claimed costs, a vacated tenancy report with photographs, and the pre- tenancy inspection report.

How much is owed for rent?

The tenancy ended on 11 December 2025. The landlord’s rent records establish that rent arrears of $788.00 were owing at the end of the tenancy. I am satisfied this amount is proved.

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 in accordance with section 40(1)(e)(ii) to (v) of the Residential Tenancies Act 1986.

The evidence establishes that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The vacated inspection report and photographs show rubbish left throughout the interior of the property, including items in the living room and within kitchen cupboards, drawers, and on benches. External areas also contained rubbish, including items left in bins, on and beside the entry steps, and scattered around the property, including an old toilet.

The photographs also demonstrate that no cleaning had been undertaken at the end of the tenancy. A significant clean was required to return the premises to a reasonably clean and tidy condition. I am satisfied that the claimed cleaning costs of $692.75 are reasonable and proved.

The landlord also claims $200.00 for internal rubbish removal and $100.00 for external rubbish removal. Given the volume and nature of the rubbish evidenced, I am satisfied that these costs were necessarily incurred as a result of the tenant’s breach of obligations and are reasonable. These amounts are proved.

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 in accordance with sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986.

The landlord claims damage to the carpet in the entry hallway. The photographs show the carpet was badly stained and damaged beyond fair wear and tear. I am satisfied this damage occurred during the tenancy and the tenant has not disproved liability.

The landlord has applied depreciation to the carpet claim and has not sought recovery for other areas of carpet that were also soiled. I am satisfied the amount claimed of $117.00 is reasonable, reflects appropriate depreciation, and does not result in betterment.

The amounts ordered are proved. 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 considered the age and condition of the carpet at the start of the tenancy and its likely useful lifespan.

The landlord waived the filing fee.

Claims and awards in Tenancy Tribunal application 5427272 — net $1,897.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11/12/2025	$788.00	Rent arrears to 11/12/2025
Rubbish removal (internal	$200.00	Rubbish removal (internal
Rubbish removal (external	$100.00	Rubbish removal (external
Cleaning	$692.75	Cleaning
Carpet	$117.00	Carpet
Net award	$1,897.75
Total payable by Tenant to Landlord	$1,897.75

Order

Lina Fuga must pay Kāinga Ora–Homes And Communities $1,897.75 immediately, calculated as shown in the table below.

Reasons

The hearing was held by video conference. The landlord attended but the tenant did not attend. The Tribunal attempted to contact the tenant on the number provided; however, on both occasions the call went to voicemail. I am satisfied that adequate service of the hearing notice was completed and it was reasonable to proceed in the tenant’s absence.
The landlord has applied for rent arrears, compensation, and refund of the bond following the end of the tenancy. The landlord relied on a rent statement, invoices for the claimed costs, a vacated tenancy report with photographs, and the pre- tenancy inspection report.

How much is owed for rent?

The tenancy ended on 11 December 2025. The landlord’s rent records establish that rent arrears of $788.00 were owing at the end of the tenancy. I am satisfied this amount is proved.

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 in accordance with section 40(1)(e)(ii) to (v) of the Residential Tenancies Act 1986.
The evidence establishes that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The vacated inspection report and photographs show rubbish left throughout the interior of the property, including items in the living room and within kitchen cupboards, drawers, and on benches. External areas also contained rubbish, including items left in bins, on and beside the entry steps, and scattered around the property, including an old toilet.
The photographs also demonstrate that no cleaning had been undertaken at the end of the tenancy. A significant clean was required to return the premises to a reasonably clean and tidy condition. I am satisfied that the claimed cleaning costs of $692.75 are reasonable and proved.
The landlord also claims $200.00 for internal rubbish removal and $100.00 for external rubbish removal. Given the volume and nature of the rubbish evidenced, I am satisfied that these costs were necessarily incurred as a result of the tenant’s breach of obligations and are reasonable. These amounts are proved.
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 in accordance with sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986.
The landlord claims damage to the carpet in the entry hallway. The photographs show the carpet was badly stained and damaged beyond fair wear and tear. I am satisfied this damage occurred during the tenancy and the tenant has not disproved liability.
The landlord has applied depreciation to the carpet claim and has not sought recovery for other areas of carpet that were also soiled. I am satisfied the amount claimed of $117.00 is reasonable, reflects appropriate depreciation, and does not result in betterment.
The amounts ordered are proved. 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 considered the age and condition of the carpet at the start of the tenancy and its likely useful lifespan.
The landlord waived the filing fee.

Tenancy Tribunal case 5427272 — Rent arrears at 69 Vodanovich Road, Te Atatu South, Auckland 0610

At a glance

Tenancy Tribunal case 5427272 — Rent arrears at 69 Vodanovich Road, Te Atatu South, Auckland 0610

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