What was the outcome of Tenancy Tribunal case 5428250?

The tribunal order states: Paul Fredrick Daly must pay Kāinga Ora–Homes And Communities $1,225.48

How much money was awarded in case 5428250?

Rent Arrears: $905.14 awarded to landlord; Bathroom Paint 1/2 Wall: $100.00 awarded to landlord; Bedroom Wall Paint: $88.00 awarded to landlord; Living Room Wall Patch: $50.23 awarded to landlord; Rubbish Removal: $82.11 awarded to landlord

What type of tenancy dispute was case 5428250?

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

Where can I read the official tribunal order for case 5428250?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13547298-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5428250?

The tribunal order states: Paul Fredrick Daly must pay Kāinga Ora–Homes And Communities $1,225.48

How much money was awarded in case 5428250?

Rent Arrears: $905.14 awarded to landlord; Bathroom Paint 1/2 Wall: $100.00 awarded to landlord; Bedroom Wall Paint: $88.00 awarded to landlord; Living Room Wall Patch: $50.23 awarded to landlord; Rubbish Removal: $82.11 awarded to landlord

What type of tenancy dispute was case 5428250?

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

Where can I read the official tribunal order for case 5428250?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13547298-Tenancy_Tribunal_Order.pdf.

Unit/Flat 306, 13 Kaipatiki Road, Glenfield, Auckland 0629 Tenancy Tribunal Case 5428250 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5428250 — net $1,225.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 December 2025	$905.14	Rent arrears to 18 December 2025
Repairs: Living room wall patch	$50.23	Repairs: Living room wall patch
Repairs: Bedroom wall paint	$88.00	Repairs: Bedroom wall paint
Repairs: Bathroom paint 1/2 wall	$100.00	Repairs: Bathroom paint 1/2 wall
Rubbish removal	$82.11	Rubbish removal
Net award	$1,225.48
Total payable by Tenant to Landlord	$1,225.48

The landlord attended the hearing. The tenant did not appear.

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

The tenancy began on 15 January 2025 and ended on 18 December 2025.

How much is owed for rent?

The tenancy ended on 18 December 2025 and 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 remove all rubbish. Some small kitchen items, 2 small boxes of belongings left in the hot water cupboard, and items in the laundry and living room were left behind. The amount claimed for rubbish removal is 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 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:

The living room wall had a hole in it and the bedroom wall and bathroom wall required repainting due to paint damage .I find that this careless damage, it is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved by photographs supplied from a pre tenancy inspection of 5 December 2024 and post tenancy inspection dated 19 December 2025.

The landlord had already calculated into their painting claim depreciation based on the premises being one year old and estimated wall life of 5 years. The amounts are awarded as claimed.

Claims and awards in Tenancy Tribunal application 5428250 — net $1,225.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 December 2025	$905.14	Rent arrears to 18 December 2025
Repairs: Living room wall patch	$50.23	Repairs: Living room wall patch
Repairs: Bedroom wall paint	$88.00	Repairs: Bedroom wall paint
Repairs: Bathroom paint 1/2 wall	$100.00	Repairs: Bathroom paint 1/2 wall
Rubbish removal	$82.11	Rubbish removal
Net award	$1,225.48
Total payable by Tenant to Landlord	$1,225.48

Order

Paul Fredrick Daly must pay Kāinga Ora–Homes And Communities $1,225.48 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not appear.
The landlord has applied for compensation and rent arrears and following the end of the tenancy.
The tenancy began on 15 January 2025 and ended on 18 December 2025.

How much is owed for rent?

The tenancy ended on 18 December 2025 and 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 remove all rubbish. Some small kitchen items, 2 small boxes of belongings left in the hot water cupboard, and items in the laundry and living room were left behind. The amount claimed for rubbish removal is 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 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:
The living room wall had a hole in it and the bedroom wall and bathroom wall required repainting due to paint damage .I find that this careless damage, it is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by photographs supplied from a pre tenancy inspection of 5 December 2024 and post tenancy inspection dated 19 December 2025.
The landlord had already calculated into their painting claim depreciation based on the premises being one year old and estimated wall life of 5 years. The amounts are awarded as claimed.

Tenancy Tribunal case 5428250 — Rent arrears at Unit/Flat 306, 13 Kaipatiki Road, Glenfield, Auckland 0629

At a glance

Tenancy Tribunal case 5428250 — Rent arrears at Unit/Flat 306, 13 Kaipatiki Road, Glenfield, Auckland 0629

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