What was the outcome of Tenancy Tribunal case 5433109?

The tribunal order states: Tapaevalu Junior Lole must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5433109?

Cleaning: $104.26 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Painting: Dining room, kitchen, gara…: $1,730.50 awarded to landlord; Rent Arrears: $281.58 awarded to landlord; Holes In Walls: $80.70 awarded to landlord; Rubbish Removal: $1,343.76 awarded to landlord

What type of tenancy dispute was case 5433109?

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

Where can I read the official tribunal order for case 5433109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13483121-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5433109?

The tribunal order states: Tapaevalu Junior Lole must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5433109?

Cleaning: $104.26 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Painting: Dining room, kitchen, gara…: $1,730.50 awarded to landlord; Rent Arrears: $281.58 awarded to landlord; Holes In Walls: $80.70 awarded to landlord; Rubbish Removal: $1,343.76 awarded to landlord

What type of tenancy dispute was case 5433109?

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

Where can I read the official tribunal order for case 5433109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13483121-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 10, 1 Juliana Way, Glendene, Auckland 0602 Tenancy Tribunal Case 5433109 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5433109 — net $3,568.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 December 2025	$281.58	Rent arrears to 29 December 2025
Painting: Dining room, kitchen, garage, fence	$1,730.50	Painting: Dining room, kitchen, garage, fence
Repairs: Holes in walls	$80.70	Repairs: Holes in walls
Cleaning: Kitchen cupboards	$104.26	Cleaning: Kitchen cupboards
Rubbish removal	$1,343.76	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,568.80
Total payable by Tenant to Landlord	$3,568.80

The landlord attended the hearing on 22 April 2026. The tenant did not attend.

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

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much does the tenant owe in rent arrears?

The tenancy ended on 29 December 2025.

The landlord submitted a rent summary, which records rent arrears as being $281.58 up to 29 December 2025.

I accept the landlord’s rent summary as accurate and grant their claim for rent arrears for $281.58.

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. 1

The landlord submitted photographs taken at the end of the end of the tenancy. There are food stuffs and miscellaneous household items in the kitchen cupboards, which have not been cleaned. I find the tenant did not leave the kitchen reasonably clean and tidy. The landlord’s claim for compensation of $104.26 to clean the kitchen cupboards is granted in full. The landlord submitted a work order for this amount.

The photographs taken at the end of the tenancy also show a large amount of rubbish was left inside and outside the premises. For example, a chair, broken blinds, a bassinet, clothes and a bed base were left inside the premises. Outside, a lawnmower, bike and other belongings were left behind. I find the tenant did not remove all rubbish at the end of the tenancy. The landlord’s claim for compensation of $1,343.76 to remove the rubbish is granted in full. The landlord submitted a work order for this amount. Is the tenant responsible for damage that occurred at the premises during the tenancy?

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. 2 1 Residential Tenancies Act 1986, section 40(1)(e)(ii) – (v). 2 Residential Tenancies Act 1986, section 40(2)(a), 41 and 49B. Painting

The landlord submitted photographs taken at the beginning of the tenancy. The walls in the kitchen, dining room and garage are white. The fence is wooden without any painting or graffiti on it.

The landlord submitted photographs taken at the end of the tenancy, which show the walls in the kitchen and dining room have been painted black. The garage has also been painted black and one wall has large writing on it that looks like graffiti. Similarly, the fence has been painted in what looks like graffiti.

Comparing these two sets of photographs, I find the walls in the kitchen, dining room and garage were damaged during the tenancy by being painted black without the permission of the landlord. I also find the fence was damaged by being painted/graffitied upon without the landlord’s permission. The damage is beyond fair wear and tear, and the tenant has not disproved liability.

The landlord’s claim for compensation for painting is granted for $1,730.50. The landlord submitted a work order for this amount. I do not make an adjustment for betterment or depreciation, because only the effected walls were painted over, rather than entire rooms. Further, the fence was not replaced and only painted over. Holes in the walls

The entry photographs do not show any holes in the walls, whereas the exit photographs show holes in the walls in the hallway and bedroom 3. I find these holes occurred during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.

The landlord’s claim for compensation to repair the holes is granted for $80.70. The landlord submitted a work order for this amount. Filing fee

Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5433109 — net $3,568.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 December 2025	$281.58	Rent arrears to 29 December 2025
Painting: Dining room, kitchen, garage, fence	$1,730.50	Painting: Dining room, kitchen, garage, fence
Repairs: Holes in walls	$80.70	Repairs: Holes in walls
Cleaning: Kitchen cupboards	$104.26	Cleaning: Kitchen cupboards
Rubbish removal	$1,343.76	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,568.80
Total payable by Tenant to Landlord	$3,568.80

Order

Tapaevalu Junior Lole must pay Kāinga Ora–Homes And Communities $3,568.80 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 22 April 2026. The tenant did not attend.
The landlord has applied for rent arrears and compensation following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much does the tenant owe in rent arrears?

The tenancy ended on 29 December 2025.
The landlord submitted a rent summary, which records rent arrears as being $281.58 up to 29 December 2025.
I accept the landlord’s rent summary as accurate and grant their claim for rent arrears for $281.58.

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. 1
The landlord submitted photographs taken at the end of the end of the tenancy. There are food stuffs and miscellaneous household items in the kitchen cupboards, which have not been cleaned. I find the tenant did not leave the kitchen reasonably clean and tidy. The landlord’s claim for compensation of $104.26 to clean the kitchen cupboards is granted in full. The landlord submitted a work order for this amount.
The photographs taken at the end of the tenancy also show a large amount of rubbish was left inside and outside the premises. For example, a chair, broken blinds, a bassinet, clothes and a bed base were left inside the premises. Outside, a lawnmower, bike and other belongings were left behind. I find the tenant did not remove all rubbish at the end of the tenancy. The landlord’s claim for compensation of $1,343.76 to remove the rubbish is granted in full. The landlord submitted a work order for this amount. Is the tenant responsible for damage that occurred at the premises during the tenancy?
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. 2 1 Residential Tenancies Act 1986, section 40(1)(e)(ii) – (v). 2 Residential Tenancies Act 1986, section 40(2)(a), 41 and 49B. Painting
The landlord submitted photographs taken at the beginning of the tenancy. The walls in the kitchen, dining room and garage are white. The fence is wooden without any painting or graffiti on it.
The landlord submitted photographs taken at the end of the tenancy, which show the walls in the kitchen and dining room have been painted black. The garage has also been painted black and one wall has large writing on it that looks like graffiti. Similarly, the fence has been painted in what looks like graffiti.
Comparing these two sets of photographs, I find the walls in the kitchen, dining room and garage were damaged during the tenancy by being painted black without the permission of the landlord. I also find the fence was damaged by being painted/graffitied upon without the landlord’s permission. The damage is beyond fair wear and tear, and the tenant has not disproved liability.
The landlord’s claim for compensation for painting is granted for $1,730.50. The landlord submitted a work order for this amount. I do not make an adjustment for betterment or depreciation, because only the effected walls were painted over, rather than entire rooms. Further, the fence was not replaced and only painted over. Holes in the walls
The entry photographs do not show any holes in the walls, whereas the exit photographs show holes in the walls in the hallway and bedroom 3. I find these holes occurred during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.
The landlord’s claim for compensation to repair the holes is granted for $80.70. The landlord submitted a work order for this amount. Filing fee
Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5433109 — Rent arrears at Unit/Flat Flat 10, 1 Juliana Way, Glendene, Auckland 0602

At a glance

Tenancy Tribunal case 5433109 — Rent arrears at Unit/Flat Flat 10, 1 Juliana Way, Glendene, Auckland 0602

At a glance

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe in rent arrears?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe in rent arrears?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions