How much money was awarded in case 5110769?

Cleaning: $160.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Replace Furnishings: Bed: $400.00 awarded to landlord; Replace Furnishings: Wardrobe: $150.00 awarded to landlord; Rubbish Removal: $524.40 awarded to landlord

What type of tenancy dispute was case 5110769?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5110769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11617831-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5110769?

Cleaning: $160.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Replace Furnishings: Bed: $400.00 awarded to landlord; Replace Furnishings: Wardrobe: $150.00 awarded to landlord; Rubbish Removal: $524.40 awarded to landlord

What type of tenancy dispute was case 5110769?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5110769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11617831-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5110769 — Cleanliness

Q: What was Tenancy Tribunal case 5110769 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 5110769 — net $501.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$160.00	Cleaning
Rubbish removal	$524.40	Rubbish removal
Replace furnishings: Wardrobe	$150.00	Replace furnishings: Wardrobe
Replace furnishings: Bed	$400.00	Replace furnishings: Bed
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$501.40
Total payable by Tenant to Landlord	$501.40

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

Holden Corner must pay [The landlord/s] $501.40 immediately, as calculated in the table below:

The Bond Centre is to pay the bond of $760.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 758.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the boarding house tenancy.

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 goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.

The landlord claims that the room was not left clean and tidy and there were belongings and rubbish left at the property. Photographs have been provided in support of these claims and include photographs both before and after the tenancy.

In particular, the tenant left a fan, vacuum, fridge, desk, and other belongings in the room, that can be clearly seen in the photographs. There was also mould built up along the windowsills and shelving, and the landlord was required to have the room cleaned.

Invoices have been provided totalling $160.00 for cleaning, $167.90 for the removal of belongings and rubbish and $356.50 for the skip bin (including tip fees).

The tenant did not leave the premises reasonably clean and tidy and did not remove all goods and rubbish.

The amounts ordered are 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 49B, 66K(2)(a), and 66L RTA

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

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. See section 49B(1) RTA.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

The landlord claims for the cost to replace the damaged wardrobe and bed. The wardrobe shelving, drawers and door were broken and were unable to be fixed. The landlord replaced this at a cost of $273.99 and has provided the invoice. It is unclear how old the wardrobe was, but it was not new. I have awarded $150.00 for the cost to replace the wardrobe to reflect likely depreciation and that some wear and tear would have been expected.

The landlord also claims for the cost of a replacement bed at the invoiced amount of $668.17. The landlord says that the bed was broken at the end of the tenancy, and they had not been notified of any issues. It is not clear how old the bed was at the commencement of the tenancy however it was certainly not new. I have awarded $400.00 towards the cost to replace the bed.

The following damage was caused during the tenancy: Damaged wardrobe and bed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have considered 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 24 March 2025

Claims and awards in Tenancy Tribunal application 5110769 — net $501.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$160.00	Cleaning
Rubbish removal	$524.40	Rubbish removal
Replace furnishings: Wardrobe	$150.00	Replace furnishings: Wardrobe
Replace furnishings: Bed	$400.00	Replace furnishings: Bed
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$501.40
Total payable by Tenant to Landlord	$501.40

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Holden Corner must pay [The landlord/s] $501.40 immediately, as calculated in the table below:
The Bond Centre is to pay the bond of $760.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 758.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the boarding house tenancy.

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 goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.
The landlord claims that the room was not left clean and tidy and there were belongings and rubbish left at the property. Photographs have been provided in support of these claims and include photographs both before and after the tenancy.
In particular, the tenant left a fan, vacuum, fridge, desk, and other belongings in the room, that can be clearly seen in the photographs. There was also mould built up along the windowsills and shelving, and the landlord was required to have the room cleaned.
Invoices have been provided totalling $160.00 for cleaning, $167.90 for the removal of belongings and rubbish and $356.50 for the skip bin (including tip fees).
The tenant did not leave the premises reasonably clean and tidy and did not remove all goods and rubbish.
The amounts ordered are 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 49B, 66K(2)(a), and 66L RTA
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
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. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The landlord claims for the cost to replace the damaged wardrobe and bed. The wardrobe shelving, drawers and door were broken and were unable to be fixed. The landlord replaced this at a cost of $273.99 and has provided the invoice. It is unclear how old the wardrobe was, but it was not new. I have awarded $150.00 for the cost to replace the wardrobe to reflect likely depreciation and that some wear and tear would have been expected.
The landlord also claims for the cost of a replacement bed at the invoiced amount of $668.17. The landlord says that the bed was broken at the end of the tenancy, and they had not been notified of any issues. It is not clear how old the bed was at the commencement of the tenancy however it was certainly not new. I have awarded $400.00 towards the cost to replace the bed.
The following damage was caused during the tenancy: Damaged wardrobe and bed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 24 March 2025

Tenancy Tribunal case 5110769 — Cleanliness

At a glance

Tenancy Tribunal case 5110769 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

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

Order

Reasons

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