What was Tenancy Tribunal case 5113069 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 5113069?

Cleaning: $100.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Painting: $150.00 awarded to landlord; Carpet: $632.50 awarded to landlord; Rubbish Removal: $370.30 awarded to landlord; Water Rates: $148.76 awarded to landlord

What type of tenancy dispute was case 5113069?

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

Where can I read the official tribunal order for case 5113069?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11642342-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5113069 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 5113069?

Cleaning: $100.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Painting: $150.00 awarded to landlord; Carpet: $632.50 awarded to landlord; Rubbish Removal: $370.30 awarded to landlord; Water Rates: $148.76 awarded to landlord

What type of tenancy dispute was case 5113069?

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

Where can I read the official tribunal order for case 5113069?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11642342-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5113069 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5113069 — net $1,651.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$148.76	Water rates
Repairs: Carpet	$632.50	Repairs: Carpet
Carpet Cleaning	$100.00	Carpet Cleaning
Rubbish removal	$370.30	Rubbish removal
Cleaning	$250.00	Cleaning
Painting	$150.00	Painting
Net award	$1,651.56
Total payable by Tenant to Landlord	$1,651.56

The landlord attended this video hearing on 27 March 2025.

The tenants did not attend the hearing by Teams video link. Telephone calls were made to the tenants on the numbers provided. The calls went directly through to voicemail. The tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 17 November 2024. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $148.76.

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 and remove all rubbish, See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided an invoice for the hire of a mini skip ($370.30). Cleaning was carried out by the landlord’s family. The charge rate was $30.00 per hour and the landlord seeks $250.00. In light of the condition of the premises, the amounts claimed are reasonable.

The landlord attempted to clean the carpet in one bedroom. The carpet was stained with animal urine and faeces. An invoice was provided for $100.00. The carpet cleaner was unable to clean the carpet sufficiently and the carpet was subsequently replaced. I consider it reasonable that the tenant be responsible for this claim.

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 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. The landlord is insured. The landlord’s policy of insurance carries an excess of $1,000.00.

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 following damage was caused during the tenancy;

As previously noted in this decision, the carpet in one of the bedrooms had been substantially damaged by a pet. The carpet had a urine soaked through it and dog faeces. The attempt to clean the carpet by the landlord was not successful. The carpet in that room only was replaced at a cost of $632.50. The carpet was almost new at the commencement of the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

Walls had been damaged which required repainting. The landlord carried out the painting work and wished to charge for that work at $70.00 per hour. Where work is carried out by a landlord, the view of the Tribunal is that the appropriate charge out rate should be no more than $30.00 per hour. The claim is proven, but I have reduced the claim to adopt that charge out rate, so that the claim is $150.00.

The amounts ordered are proved.

As [The applicant/s] has substantially succeeded with the claim I have ordered the tenants to reimburse the filing fee.

The landlord has applied for name suppression. The landlord has been substantially successful in this hearing and suppression of the landlord’s name and details is ordered.

Reasons

Claims and awards in Tenancy Tribunal application 5113069 — net $1,651.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$148.76	Water rates
Repairs: Carpet	$632.50	Repairs: Carpet
Carpet Cleaning	$100.00	Carpet Cleaning
Rubbish removal	$370.30	Rubbish removal
Cleaning	$250.00	Cleaning
Painting	$150.00	Painting
Net award	$1,651.56
Total payable by Tenant to Landlord	$1,651.56

The landlord attended this video hearing on 27 March 2025.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 17 November 2024. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $148.76.

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 and remove all rubbish, See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy;

The amounts ordered are proved.

As [The applicant/s] has substantially succeeded with the claim I have ordered the tenants to reimburse the filing fee.

The landlord has applied for name suppression. The landlord has been substantially successful in this hearing and suppression of the landlord’s name and details is ordered.

Tenancy Tribunal case 5113069 — Property damage

At a glance

Tenancy Tribunal case 5113069 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Order

Reasons

How much is owed for 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