What was Tenancy Tribunal case 5041509 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5041509?

Cleaning: $575.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $258.75 awarded to landlord

What type of tenancy dispute was case 5041509?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5041509?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11707522-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5041509 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5041509?

Cleaning: $575.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $258.75 awarded to landlord

What type of tenancy dispute was case 5041509?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5041509?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11707522-Tribunal_Order_Redacted.pdf.

12A Wallace Road, Mangere Bridge, Auckland 2022 Tenancy Tribunal Case 5041509 — Cleanliness

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Reasons

Claims and awards in Tenancy Tribunal application 5041509 — net $860.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$575.00	Cleaning
Repairs	$258.75	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$860.75
Total payable by Tenant to Landlord	$860.75

Both parties attended the hearing on 3 April 2025.

Although the landlord’s application included a claim for rent, there is no issue about rent arrears. I was told the bond has been refunded and fully paid the arrears.

The landlord claims cleaning and repair costs. The tenant disputes some of the claims and accepts others.

After the hearing, the landlord was directed to provide further photographs and details of the insurance excess by 7 April 2025. No further evidence has been received. Cleaning

The landlord claimed $400.00 plus GST for basic move-out cleaning, $130 plus GST for cleaning the blinds, $120.00 plus GST for windows and frames, $150.00 plus GST for carpet cleaning, and $190 plus GST for wall and ceiling cleaning (totalling $990.00 plus GST).

The tenant explained that she did not clean the carpets, or the blinds, and accepted the cleaning to the rangehood and walls. The tenant did not clean the windows due to health issues.

The landlord only provided about 12 photographs to support all the claims. There are several photographs showing dirty blinds and dirt around ceiling lights. There are also photographs showing marks on some of the walls. The mirror doors to the bedroom wardrobe were smudged. The limited areas of carpet visible in the photographs look to be in good condition.

The exit inspection report referred to scuff marks on the lounge walls and ceiling, windowsills that needing cleaning, and skirting boards that had not been wiped down. In the kitchen the report said the walls needed wiping down, there were fly deposits, the windowsills needed cleaning, and there was dust on the flooring. The drawers and cupboards had not been cleaned. There was grime on the rangehood. In the bedrooms there were similar findings, including carpet stains and lack of vacuuming. In the bathroom the report said the shower door and base needed cleaning, along with the vanity and toilet.

While the inspection report provides a lot of detail, it is not supported by any other evidence. It does have some evidential value, but the report is essentially a statement of opinion, based on someone else’s observations which the Tribunal cannot objectively verify.

I award the cleaning costs for the blinds ($149.50) walls ($218.50) and windows ($138.00) as these claims are supported to some degree by the available photographs and/or the tenant accepted them. I also award $69.00 for cleaning the rangehood ($60.00 plus GST). Damage to Premises

The landlord claimed $450.00 plus GST for repairs to a window latch, the ensuite door handle, kitchen cupboards and a laundry cupboard.

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.

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 4 weeks' rent.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.

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.

There are no photographs supporting the repairs to a window latch, several kitchen cupboards, or the laundry cupboard/top. The tenant accepted that a window latch needed repair. She had repaired some others but missed one. She described this as wear and tear. Given that a number of latches had needed repair, I consider it is unlikely this was because all the latches wore out at the same time.

The tenant accepted that the door handle of the ensuite bathroom was missing. She had taken the handle off after being locked in. The tenant said a kitchen cupboard bracket came off when she opened it, and she informed the landlord. The tenant did not know how the laundry bench came to be damaged and said she only stored her laundry powder there.

Without photographs, it is difficult to assess whether some of the damage is more than fair wear and tear. I am satisfied that the tenant is liable for the window latches and the ensuite door handle, for the reasons indicated above. It is unclear what happened to the laundry cupboard/bench or why the top needed to be resealed. The tenant said a kitchen cupboard door bracket came off when she used it, and she informed the landlord. This was not contradicted, and I find that this damage was not carelessly caused.

I award $225.00 plus GST for repairs to the window and ensuite door ($258.75 - $50% of the amount claimed). Although the Tribunal was not given the insurance details requested, this amount is less than 4 weeks’ rent and very probably less than the insurance excess. Filing Fee and Name Suppression

The landlord’s application has been partly successful. I award the filing fee.

The tenant requested name suppression. She has not been “wholly or substantially” successful and is not entitled to suppression. However, I exercise my discretion to grant suppression after considering the public interest and the parties’ interests. This was a routine case, and the issues complained of by the landlord, on the evidence presented, were not serious.

Reasons

Claims and awards in Tenancy Tribunal application 5041509 — net $860.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$575.00	Cleaning
Repairs	$258.75	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$860.75
Total payable by Tenant to Landlord	$860.75