Tenantcheck Insights · Case study
Tenancy Tribunal case 5430869 — Cleanliness at 3C Wyona Place, Otara, Auckland 2023
Decided 17 Jun 2026 · Published 17 Jun 2026 · Application 5430869
- Cleanliness
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,606.25
- Total balance for Tenant to pay Landlord
- $356.25
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Cleaning | $290.00 | Cleaning | |
| Repair 4 holes in walls | $160.61 | Repair 4 holes in walls | |
| Replace handbasin | $353.39 | Replace handbasin | |
| Replace stove | $316.25 | Replace stove | |
| Payments already made |
Order
- Arieta Fiatagata must pay Kāinga Ora–Homes And Communities $356.25 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $278.00 (3025463-010) to Kāinga Ora– Homes And Communities immediately.
Reasons
- Both parties attended the hearing – the landlord by video conference and the tenant by telephone.
- This tenancy began on 16 August 2013 and ended on 1 October 2025. The landlord has made a claim to the Tribunal seeking compensation for costs incurred 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 photographs show that the premises were not left reasonably clean.
- The landlord claims $318.53 as the cost of cleaning to a reasonable standard and the cost of cleaning the carpet.
- I have reduced this amount to $290.00 because I accept the tenant’s evidence that tradespeople attending the premises left the manhole cover in a very dirty condition.
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) 4 holes in the walls; and (b) A broken handbasin; and (c) A stove that was beyond repair.
- This damage was beyond fair wear and tear.
- The amounts ordered to remedy these issues are proved.
- I have taken into account betterment and depreciation with regards to the stove. I do so because 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. Payments made
- I note that the tenant has been making weekly payments towards these costs.
- As today’s date she has paid a total of $486.00, which has reduced the amount currently owing to $356.25. C ter Haar 17 June 2026
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2)
Key findings
- Dispute theme: cleaning
- Dispute theme: property damage
Property management
- Kāinga Ora–Homes and Communities (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5430869?
The tribunal order states: Arieta Fiatagata must pay Kāinga Ora–Homes And Communities $356.25
How much money was awarded in case 5430869?
Cleaning: $290.00 awarded to landlord; Payments Already Made: $486.00 awarded to tenant; Property Damage: $160.61 awarded to landlord; Replace Handbasin: $353.39 awarded to landlord; Replace Stove: $316.25 awarded to landlord
What type of tenancy dispute was case 5430869?
The primary dispute was Cleanliness. Related themes: Property damage.
Where can I read the official tribunal order for case 5430869?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13760135-Tenancy_Tribunal_Order.pdf.