Tenantcheck Insights · Case study
Tenancy Tribunal case 5441588 — Rent arrears at 54F Druces Road, Wiri, Auckland 2104
Published 19 May 2026 · Application 5441588
Landlord favoured
- Rent arrears
- Property damage
- Cleanliness
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
- $5,497.65
- Total balance for Tenant to pay Landlord
- $5,497.65
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 17.12.2025 | $1,371.43 | Rent arrears to 17.12.2025 | |
| Cleaning | $631.21 | Cleaning | |
| Rubbish removal: interior | $1,395.80 | Rubbish removal: interior | |
| Rubbish removal: exterior | $717.00 | Rubbish removal: exterior | |
| Lawns and garden work | $200.00 | Lawns and garden work | |
| Replace curtains | $186.00 | Replace curtains | |
| Repairs to walls and doors | $996.21 | Repairs to walls and doors | |
| Net award | $5,497.65 | ||
| Total payable by Tenant to Landlord | $5,497.65 |
Claims and awards for application 5441588 — net $5,497.65 NZD. Verify on MoJ.
Rent arrears to 17.12.2025
- Amount
- $1,371.43
- Awarded to
- Landlord
- Reason
- Rent arrears to 17.12.2025
Cleaning
- Amount
- $631.21
- Awarded to
- Landlord
- Reason
- Cleaning
Rubbish removal: interior
- Amount
- $1,395.80
- Awarded to
- Landlord
- Reason
- Rubbish removal: interior
Rubbish removal: exterior
- Amount
- $717.00
- Awarded to
- Landlord
- Reason
- Rubbish removal: exterior
Lawns and garden work
- Amount
- $200.00
- Awarded to
- Landlord
- Reason
- Lawns and garden work
Replace curtains
- Amount
- $186.00
- Awarded to
- Landlord
- Reason
- Replace curtains
Repairs to walls and doors
- Amount
- $996.21
- Awarded to
- Landlord
- Reason
- Repairs to walls and doors
Net award
Landlord $5,497.65
Total payable by Tenant to Landlord
Landlord $5,497.65
Claim types — money lines allowed on this order
Order
- Matthew Michael Harris must pay Kāinga Ora–Homes and Communities $5,497.65 immediately, calculated as shown in the table below.
Reasons
- The Tribunal must consider an application filed by the landlord.
- Only the landlord appeared at the hearing. I am satisfied that the tenant has been properly notified of the hearing, and therefore I will proceed to consider the claim in their absence.
- The landlord has applied for rent arrears and compensation following the end of the tenancy. There is no bond.
How much is owed for rent?
- There is an earlier Tribunal order ending the tenancy on 2 December 2025, and awarding rent arrears of $1,114.28 to the landlord. The landlord’s evidence is that the tenancy ended after this date, on 17 December 2025, and no further rent payments have been received since the Tribunal order was issued. The landlord provided rent records which prove the amount owing at the end of the tenancy, as awarded above.
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, rubbish removal 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, and did not remove all rubbish.
- The landlord states this is a two bedroom home, and noted areas within the house that required cleaning, including the bedroom carpet, and bathroom.
- In terms of the rubbish removal costs, the landlord’s evidence is that there were large bulky items left inside and outside the premises, including furniture (bed, mattresses, drawers), clothing and other items. The exterior rubbish removal included the cost of removing structures put up by the tenant.
- The lawns had to be slashed and then mowed, due to the length of the grass at the end of the tenancy.
- Being satisfied that the landlord has established its claim for cleaning, rubbish removal and lawnmowing costs, the amounts sought are ordered above.
- Curtains from one of the bedrooms was missing and had to be replaced. This claim is considered below. 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: with reference to the photographs provided, the landlord states there were holes, marks and scrapes on multiple walls throughout the premises. • Doors: two doors were damaged in the bedrooms, and, due to the extent of damage, had to be replaced. Another door had come off its hinge and had to be re-hung. • Doorframe: the doorframe in bedroom 1 was damaged and had to be repaired. • Curtains: the curtains in the two bedrooms had to be replaced. The curtain in bedroom 1 was badly damaged, and the curtains in bedroom 2 were missing. The landlord’s pre-let inspection report shows the curtains in both bedrooms. The curtains were two years old. The replacement cost of the curtains in bedroom 1 is $133.38, with the landlord seeking the depreciated amount of $100.00. The replacement cost of the curtains in bedroom 2 is $115.19; the landlord seeks the depreciated amount of $86.00.
- The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The landlord seeks a total of $996.21 for the repair of the walls, doors and doorframe. The total for replacement of the curtains is $186.00. As the claims have been established, the amounts sought are awarded above.
- 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: rent arrears
- 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 5441588?
The tribunal order states: Matthew Michael Harris must pay Kāinga Ora–Homes and Communities
How much money was awarded in case 5441588?
Cleaning: $631.21 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Rent Arrears: $1,371.43 awarded to landlord; Replace Curtains: $186.00 awarded to landlord; Rubbish Removal: $717.00 awarded to landlord; Rubbish Removal: $1,395.80 awarded to landlord; Walls and Doors: $996.21 awarded to landlord
What type of tenancy dispute was case 5441588?
The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.
Where can I read the official tribunal order for case 5441588?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13619520-Tenancy_Tribunal_Order.pdf.