How much money was awarded in case 5068293?

Cleaning: $300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns: $52.00 awarded to landlord; Previous Order Application 4940954 D…: $283.28 awarded to landlord; Rubbish Removal: $3,500.00 awarded to landlord

What type of tenancy dispute was case 5068293?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5068293?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11995456-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5068293?

Cleaning: $300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns: $52.00 awarded to landlord; Previous Order Application 4940954 D…: $283.28 awarded to landlord; Rubbish Removal: $3,500.00 awarded to landlord

What type of tenancy dispute was case 5068293?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5068293?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11995456-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5068293 — Cleanliness

Q: What was Tenancy Tribunal case 5068293 about?

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

Order

Claims and awards in Tenancy Tribunal application 5068293 — net $4,162.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4940954 dated 20/08/2024	$283.28	Previous order application 4940954 dated 20/08/2024
Cleaning	$300.00	Cleaning
Lawns	$52.00	Lawns
Repairs and rubbish removal	$3,500.00	Repairs and rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,162.28
Total payable by Tenant to Landlord	$4,162.28

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Damien Leavai must pay [The landlord/s] $4,162.28 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 20 August 2025 under application 4940954.

Reasons

Only the landlord attended the hearing which was held by phone. A call was placed to the tenant but the tenant did not answer. The hearing therefore proceeded in the tenant’s absence.

The landlord has applied for cleaning, lawnmowing, rubbish removal and repairs and reimbursement of the filing fee following the end of the tenancy. They also sought to incorporate a previous Tribunal Order. Previous order

On 20 August 2024 the Tribunal made an order relating to this tenancy in the amount of $283.28 (for rent arrears to 4 July 2024 of $519.28 less the bond of $236 which was released to the landlord). The previous order is incorporated into this order for enforcement purposes. Cleaning and lawns

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) Residential Tenancies Act 1986.

The landlord said that the tenant did not leave the property reasonably clean and tidy and that the lawns had not been mowed.

The landlord produced invoices as follows: a. Cleaning - $460.00 b. Lawns - $92.00

The landlord produced outgoing inspection reports showing the condition of the property at the end of the tenancy.

Having heard from the landlord and having reviewed the photos I consider that the property was not reasonably clean and tidy. The kitchen had not been cleaned, the floors needed vacuuming and the bathroom and laundry were both in need of cleaning.

However a tenant does not needed to leave the tenancy spotless and ready for a new tenant to move into. It is expected that a landlord will need to do some additional cleaning in between tenancies.

I consider that compensation in the amount of $300.00 is appropriate to get the property up to the “reasonably clean and tidy” standard.

With regard to the lawns, the landlord only had a photo showing a fairly small are of lawn (taken through the garage) and a small amount by the side of the house. I consider that compensation in the amount of $52.00 is reasonable for the amount of lawnmowing proved by the photos.

The landlord also said that the tenant left behind a huge amount of rubbish. As the rubbish removal was included in the landlord’s invoice for damage, I consider the landlord’s claim for rubbish removal below.

Is the tenant responsible for the damage to the premises?

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 RTA.

The landlord produced an invoice in the amount of $4,439.00 for patching and plastering holes, painting the plastered areas, removing all rubbish, hiring a skip bin, and disposing of tyres, buying and installing six sets of curtains and hooks and hanging, installing cabinets, hinges and cabinet handles, and replacement window glass.

The landlord produced both an ingoing and outgoing inspection report with attached photos.

The photos show numerous holes in the walls, a missing cabinet handle in the kitchen, a broken door. There were also some detached and missing curtains and huge amounts of rubbish left throughout and under the house.

I am satisfied that the damage was caused during the tenancy and is more than fair wear and tear.

All of the damage and rubbish removal is proved except the disposal of the six tyres ($172.50). There were no tyres visible in any of the photos. This part of the claim is not proved and so I have deducted this amount.

The balance of the invoice ($4,266.50) is proved but some deduction is required for betterment and depreciation.

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.

The landlord now has new curtains and some newly repainted walls. There was no information before me as to the age of the curtains or when the various re- painted walls had last been painted.

In the circumstances I have had to use my best estimate based on the information before me.

I consider that a reasonable award for compensation for damage and rubbish removal, taking into account betterment and depreciation, to be $3,500.00.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

The landlord also sought and order for name suppression and is entitled to an order for name suppression pursuant to section 95A RTA.

Claims and awards in Tenancy Tribunal application 5068293 — net $4,162.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4940954 dated 20/08/2024	$283.28	Previous order application 4940954 dated 20/08/2024
Cleaning	$300.00	Cleaning
Lawns	$52.00	Lawns
Repairs and rubbish removal	$3,500.00	Repairs and rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,162.28
Total payable by Tenant to Landlord	$4,162.28

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Damien Leavai must pay [The landlord/s] $4,162.28 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 20 August 2025 under application 4940954.

Reasons

Only the landlord attended the hearing which was held by phone. A call was placed to the tenant but the tenant did not answer. The hearing therefore proceeded in the tenant’s absence.
The landlord has applied for cleaning, lawnmowing, rubbish removal and repairs and reimbursement of the filing fee following the end of the tenancy. They also sought to incorporate a previous Tribunal Order. Previous order
On 20 August 2024 the Tribunal made an order relating to this tenancy in the amount of $283.28 (for rent arrears to 4 July 2024 of $519.28 less the bond of $236 which was released to the landlord). The previous order is incorporated into this order for enforcement purposes. Cleaning and lawns
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) Residential Tenancies Act 1986.
The landlord said that the tenant did not leave the property reasonably clean and tidy and that the lawns had not been mowed.
The landlord produced invoices as follows: a. Cleaning - $460.00 b. Lawns - $92.00
The landlord produced outgoing inspection reports showing the condition of the property at the end of the tenancy.
Having heard from the landlord and having reviewed the photos I consider that the property was not reasonably clean and tidy. The kitchen had not been cleaned, the floors needed vacuuming and the bathroom and laundry were both in need of cleaning.
However a tenant does not needed to leave the tenancy spotless and ready for a new tenant to move into. It is expected that a landlord will need to do some additional cleaning in between tenancies.
I consider that compensation in the amount of $300.00 is appropriate to get the property up to the “reasonably clean and tidy” standard.
With regard to the lawns, the landlord only had a photo showing a fairly small are of lawn (taken through the garage) and a small amount by the side of the house. I consider that compensation in the amount of $52.00 is reasonable for the amount of lawnmowing proved by the photos.
The landlord also said that the tenant left behind a huge amount of rubbish. As the rubbish removal was included in the landlord’s invoice for damage, I consider the landlord’s claim for rubbish removal below.

Is the tenant responsible for the damage to the premises?

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 RTA.
The landlord produced an invoice in the amount of $4,439.00 for patching and plastering holes, painting the plastered areas, removing all rubbish, hiring a skip bin, and disposing of tyres, buying and installing six sets of curtains and hooks and hanging, installing cabinets, hinges and cabinet handles, and replacement window glass.
The landlord produced both an ingoing and outgoing inspection report with attached photos.
The photos show numerous holes in the walls, a missing cabinet handle in the kitchen, a broken door. There were also some detached and missing curtains and huge amounts of rubbish left throughout and under the house.
I am satisfied that the damage was caused during the tenancy and is more than fair wear and tear.
All of the damage and rubbish removal is proved except the disposal of the six tyres ($172.50). There were no tyres visible in any of the photos. This part of the claim is not proved and so I have deducted this amount.
The balance of the invoice ($4,266.50) is proved but some deduction is required for betterment and depreciation.
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.
The landlord now has new curtains and some newly repainted walls. There was no information before me as to the age of the curtains or when the various re- painted walls had last been painted.
In the circumstances I have had to use my best estimate based on the information before me.
I consider that a reasonable award for compensation for damage and rubbish removal, taking into account betterment and depreciation, to be $3,500.00.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord also sought and order for name suppression and is entitled to an order for name suppression pursuant to section 95A RTA.

Tenancy Tribunal case 5068293 — Cleanliness

At a glance

Tenancy Tribunal case 5068293 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions