What was Tenancy Tribunal case 5086768 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 5086768?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Loss Of Rent: $1,020.00 awarded to landlord; Painting: $2,000.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Replace furnishings: Replace curtain…: $208.24 awarded to landlord; Replace furnishings: Replace kitchen…: $350.00 awarded to landlord

What type of tenancy dispute was case 5086768?

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

Where can I read the official tribunal order for case 5086768?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11877074-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5086768 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 5086768?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Loss Of Rent: $1,020.00 awarded to landlord; Painting: $2,000.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Replace furnishings: Replace curtain…: $208.24 awarded to landlord; Replace furnishings: Replace kitchen…: $350.00 awarded to landlord

What type of tenancy dispute was case 5086768?

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

Where can I read the official tribunal order for case 5086768?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11877074-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5086768 — Cleanliness

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5086768 — net $3,685.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Painting	$2,000.00	Painting
Cleaning	$1,000.00	25. The amount claimed for cleaning is fair and reasonable.
Lock/key replacement	$200.00	Lock/key replacement
Replace furnishings: Replace curtains and curtain rails	$208.24	Replace furnishings: Replace curtains and curtain rails
Replace furnishings: Replace kitchen bench and vanity	$350.00	Replace furnishings: Replace kitchen bench and vanity
Loss of rent	$1,020.00	Loss of rent
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,685.24
Total payable by Tenant to Landlord	$3,685.24

The tenancy began on 28 October 2015 and ended on 29 September 2024.

The landlord’s application seeks vacated repairs, replacement of chattels, cleaning, and loss of rent.

The hearing took place in [Event location suppressed] on 21 May 2025. [The landlord’s representative] represented the landlord at the hearing. There was no appearance by the tenant.

[The landlord’s representative] provided a video recording showing the condition of the premises at the end of the tenancy.

The tenant had made changes to the premises during the tenancy. The landlord did not consent to the changes. The changes included: a. Painting the walls throughout. b. Replacing the kitchen benchtop. c. Replacing the vanity. d. Replacing the lock on the back door. e. Removing numerous tiles in the kitchen and bathroom. f. [The landlord’s representative]’s video also shows: g. Damage to the walls. h. Missing curtains and curtain rails. i. No cleaning was done in many parts of the house, in particular the ceilings and window frames / sills.

Tenants have no legal right to make any “renovation, alteration, or addition” to the premises without the landlord’s consent. 1 Landlords must not unreasonably withhold their consent. 2

In this instance, the tenant did not ask for consent.

The landlord is entitled to remove / reverse the alteration at the tenant’s cost.

[The landlord’s representative] said that there was a coded lock on the back door. That lock is missing and a standard door handle was in place. The claim for $200 to remove the standard handle and re-fit a coded lock is fair and reasonable.

The paint that was put on the walls during the tenancy was of poor quality and the painting work was also poor. It appears that there was no preparation of the surfaces before painting. [The landlord’s representative]’s video shows that in some places the new paint could be peeled off in sheets and in some places it was extremely difficult to remove. There were paint drips / runs on the skirting boards. 1 Section 42(1) Residential Tenancies Act 1986 (“RTA”) 2 Section 42A RTA

The landlord stripped the paint and re-painted the entire interior at a cost of $15,000. [The landlord’s representative] acknowledged that due to the age of the original paint (at least ten years old), he would have re-painted the interior at the end of this tenancy even if the tenant had not painted the walls without consent.

However, [The landlord’s representative] argued that the re-painting job was longer and more difficult than it should have been because of the poor quality paint job done during the tenancy.

I am satisfied that the video evidence shows the poor quality of the unconsented paint work, and I accept that this would have made the re-paint longer and more complex.

However: a. substantial depreciation must apply given that the landlord intended to re- paint the walls anyway; and b. I have no evidence about the amount of additional work created by the tenant’s paint.

Having regard to these factors, I will award compensation of $2,000.00.

The kitchen bench and bathroom vanity were replaced during the tenancy without the landlord’s knowledge or consent.

The tenant has installed a reasonable quality kitchen bench, but it does not fit on the kitchen cabinetry, and the landlord does not know whether the plumbing work involved in the job was done by a suitably qualified person. Similar considerations apply to the vanity.

Irrespective of the quality of the fittings that the tenant has installed, the point is that the tenant had no right to do that work without the landlord’s consent.

The claim seeks the cost of replacing the kitchen bench with a second hand one that is similar to the original ($1,000.00) and the cost of replacing the vanity ($400.00).

Again, given the lack of information about the condition of the original chattels, or about the cost of the replacements claimed by the landlord, and having regard to depreciation, it is appropriate to take a cautious approach to compensation.

I will award $350.00, which is 25% of the landlord’s claim.

Several curtains and curtain rails were missing. The cost of replacement was $1,041.20. Having regard to the age of the chattels at the end of the tenancy, I will apply depreciation of 80%.

The claim seeks $1,000.00 for cleaning. Tenants must leave the premises reasonably clean and tidy at the end of the tenancy. 3

[The landlord’s representative]’s video shows that the premises were well short of this standard. Substantial cleaning work was necessary, particular on the ceilings and window frames.

The amount claimed for cleaning is fair and reasonable.

The claim seeks 8 weeks’ loss of rent.

The Tribunal may award loss of rent if the tenants are liable for significant cleaning, repairs, or rubbish removal which meant that the premises could not be re-let for a substantial period.

It is appropriate to take a conservative approach to claims of this type, because there are many variables that can influence the length of time that it takes to re- let premises between tenancies. It is also relevant that landlords often take the opportunity to do maintenance work between tenancies, in particular after a lengthy tenancy.

In this instance the tenancy lasted nearly ten years and [The landlord’s representative] acknowledged that they were always going to re-paint the interior even if the premises were returned clean and undamaged.

The ‘additional’ work caused by the tenant’s breaches was the extra difficulty of painting (discussed above), plus a substantial amount of cleaning, and replacement of chattels (including plumbing work).

In the circumstances I will award two weeks’ loss of rent, which is $1,020.00.

The landlord has been successful in this application and I must also award the landlord the filing fee. 4

The bond will be released to the landlord.

Reasons

Claims and awards in Tenancy Tribunal application 5086768 — net $3,685.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Painting	$2,000.00	Painting
Cleaning	$1,000.00	25. The amount claimed for cleaning is fair and reasonable.
Lock/key replacement	$200.00	Lock/key replacement
Replace furnishings: Replace curtains and curtain rails	$208.24	Replace furnishings: Replace curtains and curtain rails
Replace furnishings: Replace kitchen bench and vanity	$350.00	Replace furnishings: Replace kitchen bench and vanity
Loss of rent	$1,020.00	Loss of rent
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,685.24
Total payable by Tenant to Landlord	$3,685.24

The tenancy began on 28 October 2015 and ended on 29 September 2024.

The landlord’s application seeks vacated repairs, replacement of chattels, cleaning, and loss of rent.

The hearing took place in [Event location suppressed] on 21 May 2025. [The landlord’s representative] represented the landlord at the hearing. There was no appearance by the tenant.

[The landlord’s representative] provided a video recording showing the condition of the premises at the end of the tenancy.

Tenants have no legal right to make any “renovation, alteration, or addition” to the premises without the landlord’s consent. 1 Landlords must not unreasonably withhold their consent. 2

In this instance, the tenant did not ask for consent.

The landlord is entitled to remove / reverse the alteration at the tenant’s cost.

However, [The landlord’s representative] argued that the re-painting job was longer and more difficult than it should have been because of the poor quality paint job done during the tenancy.

I am satisfied that the video evidence shows the poor quality of the unconsented paint work, and I accept that this would have made the re-paint longer and more complex.

Having regard to these factors, I will award compensation of $2,000.00.

The kitchen bench and bathroom vanity were replaced during the tenancy without the landlord’s knowledge or consent.

Irrespective of the quality of the fittings that the tenant has installed, the point is that the tenant had no right to do that work without the landlord’s consent.

The claim seeks the cost of replacing the kitchen bench with a second hand one that is similar to the original ($1,000.00) and the cost of replacing the vanity ($400.00).

I will award $350.00, which is 25% of the landlord’s claim.

Several curtains and curtain rails were missing. The cost of replacement was $1,041.20. Having regard to the age of the chattels at the end of the tenancy, I will apply depreciation of 80%.

The claim seeks $1,000.00 for cleaning. Tenants must leave the premises reasonably clean and tidy at the end of the tenancy. 3

[The landlord’s representative]’s video shows that the premises were well short of this standard. Substantial cleaning work was necessary, particular on the ceilings and window frames.

The amount claimed for cleaning is fair and reasonable.

The claim seeks 8 weeks’ loss of rent.

The Tribunal may award loss of rent if the tenants are liable for significant cleaning, repairs, or rubbish removal which meant that the premises could not be re-let for a substantial period.

In the circumstances I will award two weeks’ loss of rent, which is $1,020.00.

The landlord has been successful in this application and I must also award the landlord the filing fee. 4

The bond will be released to the landlord.

Tenancy Tribunal case 5086768 — Cleanliness

At a glance

Tenancy Tribunal case 5086768 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions