What was Tenancy Tribunal case 5079828 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 5079828?

Additional Carpet Shampoo: $371.00 awarded to landlord; Cleaning: $287.50 awarded to landlord; Cleaning: $690.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $259.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Property Damage: $517.50 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord; Replace Bathroom Mirror: $33.50 awarded to landlord; Replace Broken Curtain Track: $11.90 awarded to landlord; Rubbish Removal: $281.75 awarded to landlord; Water Rates: $18.43 awarded to landlord

What type of tenancy dispute was case 5079828?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 5079828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11972390-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5079828 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 5079828?

Additional Carpet Shampoo: $371.00 awarded to landlord; Cleaning: $287.50 awarded to landlord; Cleaning: $690.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $259.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Property Damage: $517.50 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord; Replace Bathroom Mirror: $33.50 awarded to landlord; Replace Broken Curtain Track: $11.90 awarded to landlord; Rubbish Removal: $281.75 awarded to landlord; Water Rates: $18.43 awarded to landlord

What type of tenancy dispute was case 5079828?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 5079828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11972390-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5079828 — Property damage

Claims and awards in Tenancy Tribunal application 5079828 — net $3,181.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 November 2024	$1,200.00	Rent arrears to 17 November 2024
Water rates to end of tenancy	$18.43	Water rates to end of tenancy
Rubbish removal	$281.75	Rubbish removal
Cleaning	$690.00	Cleaning
Initial carpet clean and deoderise	$287.50	Initial carpet clean and deoderise
Additional carpet shampoo	$371.00	Additional carpet shampoo
Replace bathroom mirror	$33.50	Replace bathroom mirror
Lock/key replacement	$259.00	Lock/key replacement
Replace broken curtain track	$11.90	Replace broken curtain track
Washing and repairing curtains	$100.00	Washing and repairing curtains
Repairing hole in wall	$517.50	Repairing hole in wall
Cleaning and painting exterior wall (insurance excess	$500.00	Cleaning and painting exterior wall (insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,181.58
Total payable by Tenant to Landlord	$3,181.58

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Ruel Castello Williams must pay [The applicant/s]$3,181.58 immediately.

Reasons

Only the landlord attended the hearing. She was assisted by her daughter, [name redacted] The tenant did not attend. I am satisfied that the tenant has been served with the landlord’s application (and in fact he attended the case conference held in this matter on 7 March 2025) and so the hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy began on 23 October 2023 and ended on 17 November 2024.
The landlord said that the tenant gave notice on 19 October 2024 by text message but intended to leave by around 3 November 2024. The landlord said that they responded the same day advising that the tenant would need to pay rent until 17 November 2024, as they were required to give 28 days’ notice.
The landlord said that the tenant moved out on 3 November 2024 and paid rent up to that date.
The landlord was entitled to be paid rent up to the end of the notice period. The landlord provided a rent summary which proves that the rent owing up to 17 November 2024 was $1,200.00. This claim is proved.
The landlord provided water rates invoices from Watercare and a summary of all invoices and payments made showing that the amount of $18.43 was owing at the end of the tenancy. This claim is proved.

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) Residential Tenancies Act 1986 (RTA). Rubbish removal
The landlord produced photos of the property from the start of the tenancy. The landlord produced photos of the rubbish left behind at the end of the tenancy which included a bookshelf, a car bumper, a desk, a rabbit hutch, old bench, black bags of rubbish, a gas bottle, vacuum cleaner, and various miscellaneous items.
The landlord produced an invoice from Junk Run in the amount of $281.75 for rubbish removal. I consider this amount to be reasonable given the amount of rubbish left behind and order compensation accordingly.
The landlord said that that the tenant left without doing any cleaning. The landlord produced a video (together with screenshots from the video) of their exit inspection showing that the property was not clean, the floors had not been vacuumed, surfaces had not been wiped down and cupboards had not been cleaned out. The kitchen was dirty and the stove and oven were covered in grime.
The landlord also produced correspondence with the tenant where he stated “so stuffed moving all by myself and twisted my ankle, was gonna clean but runout of time, can you hire and exit cleaner? Sorry for inconvenience”.
The landlord produced an invoice from Clean and Fix in the amount of $690.00 for cleaning. I consider this amount to be reasonable given the amount of cleaning required and order compensation of this amount. Carpet
The landlord said that the carpet was not new at the start of the tenancy, having been purchased in 2017 (invoice provided) but that at the end of the tenancy it was covered in stains and smelled of urine, presumably from an animal in the tenancy.
The landlord said that their cleaner washed and deoderised the carpet which got out many of the stains and some of the smell. They produced an invoice in the amount of $287.50 for the carpet cleaning. However they said that the smell remained and not all of the stains could be removed, and so they had to have the carpet professional shampooed/steam cleaned. The landlord produced and invoice in the amount of $371.00 for the carpet shampoo/steam cleaned.
Having considered all of the evidence I consider both amounts reasonable in all the circumstances and order compensation accordingly.
The landlord said that even after the second shampoo the carpet still smelled and had to replaced. I consider this claim as a claim for “damage” below. Lock and keys
The landlord said that the tenant was going to move into the property, potentially also with his teenage son and so two sets of keys were provided. However the tenant’s niece also moved in and so the landlord gave them an additional key.
The tenant did not return any of the keys.
The landlord has had to replace the locks and keys and produced an invoice from Armstrong Security for changing the locks in the amount of $259.00. This claim is proved. Mirror
The bathroom mirror was missing at the end of the tenancy. The landlord provided entry and exit inspection photos showing the original mirror and the mirror missing.
The landlord purchased a new mirror from The Warehouse for $33.50 and provided an invoice. I am satisfied that this was a reasonable replacement. The amount ordered is proved.

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.
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) RTA. Curtains
The landlord said that one of the curtain tracks was ripped off the wall and was damaged (photo produced). The landlord purchased a replacement curtain track from Spotlight for $11.90. This claim is proved.
The curtains were new at the start of the tenancy. The ones in the lounge were heavily snagged (potentially from a cat) and the hooks had become detached from the track and the curtains smelled of cigarette smoke. The landlord produced photos showing the condition of the curtains.
The landlord laundered and darned the snags herself and removed marks. She also laundered the curtains from the master bedroom (two sets) dining room (two sets), second bedroom, kitchen and sunroom curtains as they also smelled of cigarettes.
I am satisfied that there was smoking in the tenancy as there were cigarette butts left on the floor at the end of the tenancy.
The landlord seeks compensation in the amount of $100.00 for her time repairing and laundering and rehanging the curtains. I consider that this amount to be very reasonable and order accordingly. Hole in the wall
The landlord produced a photo from the end of the tenancy showing that there was a hole in the dining room wall and a large dent the in the wall (and tear in the wallpaper) in the master bedroom. The landlord produced a photo from the start of the tenancy showing no damage to these areas.
The landlord explained that the tenant told her about the hole in the wall and said that he would fix it but he never did.
The landlord produced an invoice from Clean and Fix in the amount of $517.50 for repair of the wall and dent. The amount claimed is reasonable and I order compensation accordingly. Exterior wall
The landlord said that the tenant and his son would repair cars in the parking bay next to the house. At the end of the tenancy they discovered that there was a large amount of dark oil splatters over the weatherboards on that side of the house. The landlord attempted to clean the area but the stains remained.
The landlord produced a photo of the oil stains (after cleaning). The photo shows a very significant area of oil stains and splatters. The landlord also produced photos from the start of the tenancy showing that the area was unmarked at the start of the tenancy.
The landlord made an insurance claim for the damage. The cost of cleaning and painting was $1,448.43. The landlord’s insurer applied an excess in the amount of $500.00 and this is the amount the landlord claims from the tenant. This claim is proved. Carpet
The landlord said that even after the cleaning was done the carpet still smelled and some stains remained. They said that the carpet was purchased in July 2017 (receipt produced) and was in good condition at the start of the tenancy.
The landlord said that because of the smell they elected to replace the carpet. They made an insurance claim but the insurer applied an excess of $500.00 for each carpeted area, a total of $2,500.00.
I have considered this claim carefully. The Inland Revenue Department IR265 General Depreciation rates (Residential Chattels) estimate that carpet has a lifespan of 8 years. This carpet was nearly 8 years old. I have found that the tenant should be responsible for the initial cleaning and shampoo as the carpet was not left clean. However when it comes to damage and replacement of carpet I am required to consider depreciation. Given the age of the carpet, I do not consider that any award should be made.
The claim for carpet replacement is dismissed. Filing fee and name suppression
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee of $27.00.
The landlord is also entitled to an order for name suppression as the substantially successful party, pursuant to section 95A RTA.

Claims and awards in Tenancy Tribunal application 5079828 — net $3,181.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 November 2024	$1,200.00	Rent arrears to 17 November 2024
Water rates to end of tenancy	$18.43	Water rates to end of tenancy
Rubbish removal	$281.75	Rubbish removal
Cleaning	$690.00	Cleaning
Initial carpet clean and deoderise	$287.50	Initial carpet clean and deoderise
Additional carpet shampoo	$371.00	Additional carpet shampoo
Replace bathroom mirror	$33.50	Replace bathroom mirror
Lock/key replacement	$259.00	Lock/key replacement
Replace broken curtain track	$11.90	Replace broken curtain track
Washing and repairing curtains	$100.00	Washing and repairing curtains
Repairing hole in wall	$517.50	Repairing hole in wall
Cleaning and painting exterior wall (insurance excess	$500.00	Cleaning and painting exterior wall (insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,181.58
Total payable by Tenant to Landlord	$3,181.58

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Ruel Castello Williams must pay [The applicant/s]$3,181.58 immediately.

Reasons

Only the landlord attended the hearing. She was assisted by her daughter, [name redacted] The tenant did not attend. I am satisfied that the tenant has been served with the landlord’s application (and in fact he attended the case conference held in this matter on 7 March 2025) and so the hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy began on 23 October 2023 and ended on 17 November 2024.
The landlord said that the tenant gave notice on 19 October 2024 by text message but intended to leave by around 3 November 2024. The landlord said that they responded the same day advising that the tenant would need to pay rent until 17 November 2024, as they were required to give 28 days’ notice.
The landlord said that the tenant moved out on 3 November 2024 and paid rent up to that date.
The landlord was entitled to be paid rent up to the end of the notice period. The landlord provided a rent summary which proves that the rent owing up to 17 November 2024 was $1,200.00. This claim is proved.
The landlord provided water rates invoices from Watercare and a summary of all invoices and payments made showing that the amount of $18.43 was owing at the end of the tenancy. This claim is proved.

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) Residential Tenancies Act 1986 (RTA). Rubbish removal
The landlord produced photos of the property from the start of the tenancy. The landlord produced photos of the rubbish left behind at the end of the tenancy which included a bookshelf, a car bumper, a desk, a rabbit hutch, old bench, black bags of rubbish, a gas bottle, vacuum cleaner, and various miscellaneous items.
The landlord produced an invoice from Junk Run in the amount of $281.75 for rubbish removal. I consider this amount to be reasonable given the amount of rubbish left behind and order compensation accordingly.
The landlord said that that the tenant left without doing any cleaning. The landlord produced a video (together with screenshots from the video) of their exit inspection showing that the property was not clean, the floors had not been vacuumed, surfaces had not been wiped down and cupboards had not been cleaned out. The kitchen was dirty and the stove and oven were covered in grime.
The landlord also produced correspondence with the tenant where he stated “so stuffed moving all by myself and twisted my ankle, was gonna clean but runout of time, can you hire and exit cleaner? Sorry for inconvenience”.
The landlord produced an invoice from Clean and Fix in the amount of $690.00 for cleaning. I consider this amount to be reasonable given the amount of cleaning required and order compensation of this amount. Carpet
The landlord said that the carpet was not new at the start of the tenancy, having been purchased in 2017 (invoice provided) but that at the end of the tenancy it was covered in stains and smelled of urine, presumably from an animal in the tenancy.
The landlord said that their cleaner washed and deoderised the carpet which got out many of the stains and some of the smell. They produced an invoice in the amount of $287.50 for the carpet cleaning. However they said that the smell remained and not all of the stains could be removed, and so they had to have the carpet professional shampooed/steam cleaned. The landlord produced and invoice in the amount of $371.00 for the carpet shampoo/steam cleaned.
Having considered all of the evidence I consider both amounts reasonable in all the circumstances and order compensation accordingly.
The landlord said that even after the second shampoo the carpet still smelled and had to replaced. I consider this claim as a claim for “damage” below. Lock and keys
The landlord said that the tenant was going to move into the property, potentially also with his teenage son and so two sets of keys were provided. However the tenant’s niece also moved in and so the landlord gave them an additional key.
The tenant did not return any of the keys.
The landlord has had to replace the locks and keys and produced an invoice from Armstrong Security for changing the locks in the amount of $259.00. This claim is proved. Mirror
The bathroom mirror was missing at the end of the tenancy. The landlord provided entry and exit inspection photos showing the original mirror and the mirror missing.
The landlord purchased a new mirror from The Warehouse for $33.50 and provided an invoice. I am satisfied that this was a reasonable replacement. The amount ordered is proved.

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.
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) RTA. Curtains
The landlord said that one of the curtain tracks was ripped off the wall and was damaged (photo produced). The landlord purchased a replacement curtain track from Spotlight for $11.90. This claim is proved.
The curtains were new at the start of the tenancy. The ones in the lounge were heavily snagged (potentially from a cat) and the hooks had become detached from the track and the curtains smelled of cigarette smoke. The landlord produced photos showing the condition of the curtains.
The landlord laundered and darned the snags herself and removed marks. She also laundered the curtains from the master bedroom (two sets) dining room (two sets), second bedroom, kitchen and sunroom curtains as they also smelled of cigarettes.
I am satisfied that there was smoking in the tenancy as there were cigarette butts left on the floor at the end of the tenancy.
The landlord seeks compensation in the amount of $100.00 for her time repairing and laundering and rehanging the curtains. I consider that this amount to be very reasonable and order accordingly. Hole in the wall
The landlord produced a photo from the end of the tenancy showing that there was a hole in the dining room wall and a large dent the in the wall (and tear in the wallpaper) in the master bedroom. The landlord produced a photo from the start of the tenancy showing no damage to these areas.
The landlord explained that the tenant told her about the hole in the wall and said that he would fix it but he never did.
The landlord produced an invoice from Clean and Fix in the amount of $517.50 for repair of the wall and dent. The amount claimed is reasonable and I order compensation accordingly. Exterior wall
The landlord said that the tenant and his son would repair cars in the parking bay next to the house. At the end of the tenancy they discovered that there was a large amount of dark oil splatters over the weatherboards on that side of the house. The landlord attempted to clean the area but the stains remained.
The landlord produced a photo of the oil stains (after cleaning). The photo shows a very significant area of oil stains and splatters. The landlord also produced photos from the start of the tenancy showing that the area was unmarked at the start of the tenancy.
The landlord made an insurance claim for the damage. The cost of cleaning and painting was $1,448.43. The landlord’s insurer applied an excess in the amount of $500.00 and this is the amount the landlord claims from the tenant. This claim is proved. Carpet
The landlord said that even after the cleaning was done the carpet still smelled and some stains remained. They said that the carpet was purchased in July 2017 (receipt produced) and was in good condition at the start of the tenancy.
The landlord said that because of the smell they elected to replace the carpet. They made an insurance claim but the insurer applied an excess of $500.00 for each carpeted area, a total of $2,500.00.
I have considered this claim carefully. The Inland Revenue Department IR265 General Depreciation rates (Residential Chattels) estimate that carpet has a lifespan of 8 years. This carpet was nearly 8 years old. I have found that the tenant should be responsible for the initial cleaning and shampoo as the carpet was not left clean. However when it comes to damage and replacement of carpet I am required to consider depreciation. Given the age of the carpet, I do not consider that any award should be made.
The claim for carpet replacement is dismissed. Filing fee and name suppression
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee of $27.00.
The landlord is also entitled to an order for name suppression as the substantially successful party, pursuant to section 95A RTA.

Tenancy Tribunal case 5079828 — Property damage

At a glance

Tenancy Tribunal case 5079828 — Property damage

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

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

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions