Tenantcheck Insights · Case study
Tenancy Tribunal case 5436995 — Cleanliness at 24A Johnstones Road, Otara, Auckland 2023
Published 8 May 2026 · Application 5436995
Landlord favoured
- Cleanliness
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
V Pasupati
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,404.67
- Total balance for Tenant to pay Landlord
- $1,404.67
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Cleaning | $465.35 | Cleaning | |
| Lawns and garden work | $850.00 | Lawns and garden work | |
| Repairs to walls | $89.32 | Repairs to walls | |
| Net award | $1,404.67 | ||
| Total payable by Tenant to Landlord | $1,404.67 |
Claims and awards for application 5436995 — net $1,404.67 NZD. Verify on MoJ.
Cleaning
- Amount
- $465.35
- Awarded to
- Landlord
- Reason
- Cleaning
Lawns and garden work
- Amount
- $850.00
- Awarded to
- Landlord
- Reason
- Lawns and garden work
Repairs to walls
- Amount
- $89.32
- Awarded to
- Landlord
- Reason
- Repairs to walls
Net award
Landlord $1,404.67
Total payable by Tenant to Landlord
Landlord $1,404.67
Claim types — money lines allowed on this order
Order
- Johnny Atuatika must pay Kāinga Ora–Homes and Communities $1,404.67 immediately, calculated as shown in the table below.
Reasons
- Only the landlord, represented by Ms Perese, attended the hearing, which was conducted by videoconference. The tenant did not join the video meeting at the scheduled time and could not be contacted by telephone. Two telephone calls were made to each of the two mobile numbers used by the tenant, and all four calls went to voicemail. As the tenant has been notified, the hearing proceeded.
- This tenancy began on 3 October 2025 and ended two months later, on 18 December 2025.
- The landlord has applied for compensation following the end of the tenancy. There is no bond.
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) of the Residential Tenancies Act 1986 (the RTA).
- The landlord seeks cleaning and lawnmowing costs. The landlord has produced inspection reports with photographic evidence showing the condition of the premises at the start of the tenancy, and when the tenancy ended. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy.
- The landlord had to arrange for lawnmowing, due to the state of the lawns during the tenancy. There were concerns that the length of the grass posed a health and safety risk. The inspection report dated 12 November 2025 shows the condition of the lawns.
- The amounts ordered are proved. Compensation for tenant damage General principles regarding responsibility for damage
- The landlord seeks compensation for tenant damage. To be successful in such claims, 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 of the 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) of the 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) of the 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) of the 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) of the 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.
- When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. The landlord’s claim for tenant damage
- On the basis of the landlord’s evidence, I am satisfied that the following damage was caused during the tenancy: • Walls: the landlord, with reference to the photographs provided, states there were holes in the living room walls which had to be repaired.
- The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.
- In determining the quantum of compensation, betterment and depreciation has been taken into account. Filing fee and name suppression
- While successful, the landlord does not seek the filing fee or name suppression.
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), s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: cleaning
- Dispute theme: property damage
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5436995?
The tribunal order states: Johnny Atuatika must pay Kāinga Ora–Homes and Communities $1,404.67
How much money was awarded in case 5436995?
Cleaning: $465.35 awarded to landlord; Lawns and Garden Work: $850.00 awarded to landlord; Property Damage: $89.32 awarded to landlord
What type of tenancy dispute was case 5436995?
The primary dispute was Cleanliness. Related themes: Property damage.
Where can I read the official tribunal order for case 5436995?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13567125-Tenancy_Tribunal_Order.pdf.