Published tribunal order
Tenancy Tribunal case 5461089 — Property damage at 4F Cambridge Road, Manurewa, Auckland 2102
Published 20 May 2026 · Application 5461089
Landlord favoured
- Property damage
- Cleanliness
Order
- Dominique Aveline Makatea must pay Kāinga Ora–Homes And Communities $7,379.18 immediately, calculated as shown in table below:
Reasons
- The applicant attended the hearing. The respondent did not.
- This tenancy commenced on 26 May 2023 and concluded on 9 January 2026.
- The applicant seeks the following amounts: a) $49.73 for replacement of a towel rail; b) $854.58 for wall repairs; c) $2,404.00 for carpet replacement; d) $1,487.00 for wall painting; e) $907.06 for cleaning; f) $1,941.06 for rubbish removal; and g) $80.00 for lawn mowing.
Is the respondent liable for the damage costs?
- Section 40(2)(a) of the Residential Tenancies Act prohibits a tenant from causing careless or intentional damage to the premises. The photographs from the exit inspection show that the property sustained significant damage. The landlord advised that the property was newly built at the commencement of the tenancy in 2023, and that no person had resided in the property prior to the respondent’s tenancy.
- I am satisfied, on the evidence before me, that the damage was caused either carelessly or intentionally by the respondent. I also note that depreciation of 2.5 years has been applied to the repair and replacement costs claimed by the applicant. Accordingly, the amounts sought for these items are awarded.
Is the respondent liable for the cleaning and rubbish removal costs?
- Section 40(1)(e)(iii) of the Residential Tenancies Act requires a tenant, at the conclusion of the tenancy, to remove all rubbish and to leave the premises in a reasonably clean and tidy condition. The photographic evidence provided by the applicant demonstrates that the property was left well short of this standard, and that a substantial amount of rubbish was abandoned at the premises.
- I am satisfied that the cleaning, rubbish removal, and lawn mowing costs were reasonably incurred. Those amounts are therefore awarded.