What was Tenancy Tribunal case 5159208 about?

The tribunal order states: [The tenant/s] must pay Bartley Manawatu Property Management Limited T/A

How much money was awarded in case 5159208?

Cleaning: $400.38 awarded to landlord; Cleaning: $240.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $795.00 awarded to landlord; Lightbulbs: $23.96 awarded to landlord; Property Damage: $178.16 awarded to landlord

What type of tenancy dispute was case 5159208?

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

Where can I read the official tribunal order for case 5159208?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12441060-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5159208 about?

The tribunal order states: [The tenant/s] must pay Bartley Manawatu Property Management Limited T/A

How much money was awarded in case 5159208?

Cleaning: $400.38 awarded to landlord; Cleaning: $240.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $795.00 awarded to landlord; Lightbulbs: $23.96 awarded to landlord; Property Damage: $178.16 awarded to landlord

What type of tenancy dispute was case 5159208?

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

Where can I read the official tribunal order for case 5159208?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12441060-Tribunal_Order.pdf.

40 Hendersons Line, Marton, Marton 4710 Tenancy Tribunal Case 5159208 — Cleanliness

Tenantcheck Insights

40 Hendersons Line, Marton, Marton 4710 Tenancy Tribunal Case 5159208 — Cleanliness | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5159208. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$400.38	Carpet Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Lawns and Garden work	$795.00	Lawns and Garden work
Repairs	$178.16	Repairs
Light bulbs/batteries	$23.96	Light bulbs/batteries
Cleaning	$240.00	Cleaning

Claims and awards for application 5159208. Verify on MoJ.

Carpet Cleaning

Amount: $400.38
Awarded to: Landlord
Reason: Carpet Cleaning

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Lawns and Garden work

Amount: $795.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs

Amount: $178.16
Awarded to: Landlord
Reason: Repairs

Light bulbs/batteries

Amount: $23.96
Awarded to: Landlord
Reason: Light bulbs/batteries

Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage

Order

[The tenant/s] must pay Bartley Manawatu Property Management Limited T/A Bayleys Marton Property Management as agent for Jesus Jay Labajo $1,664.50, calculated as shown in the table below.

Reasons

This matter has previously been the subject of an order for rent arrears and payment of the bond.
The orders above are therefore additional to the amount that was previously ordered to be paid by the tenant. 1
The landlord has applied for compensation and reimbursement of the filing fee following the end of the 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 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 tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
Photographs produced by the landlord show numerous carpet stains everywhere. According to the landlord these were food, coffee and other sorts of stains. They also show the premises was not left clean.
The tenant had an obligation to keep the lawns and gardens tidy but did not do so. The tenant left rubbish behind which had to be removed.
I am satisfied that all of the sums ordered above were reasonable.
The tenant removed two light bulbs at the end of the tenancy which the landlord had to replace.
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 40(2)(a), 41 and 49B 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. 1 On 7 May 2025, for $674.29
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.
A glass window pane was broken and had to be replaced, at a cost of $178.16. The tenant has not shown that this was accidental. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.
Because Bartley Manawatu Property Management Limited T/A Bayleys Marton Property Management as agent for Jesus Jay Labajo has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5159208. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$400.38	Carpet Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Lawns and Garden work	$795.00	Lawns and Garden work
Repairs	$178.16	Repairs
Light bulbs/batteries	$23.96	Light bulbs/batteries
Cleaning	$240.00	Cleaning

Claims and awards for application 5159208. Verify on MoJ.

Carpet Cleaning

Amount: $400.38
Awarded to: Landlord
Reason: Carpet Cleaning

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Lawns and Garden work

Amount: $795.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs

Amount: $178.16
Awarded to: Landlord
Reason: Repairs

Light bulbs/batteries

Amount: $23.96
Awarded to: Landlord
Reason: Light bulbs/batteries

Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage

Order

[The tenant/s] must pay Bartley Manawatu Property Management Limited T/A Bayleys Marton Property Management as agent for Jesus Jay Labajo $1,664.50, calculated as shown in the table below.

Reasons

This matter has previously been the subject of an order for rent arrears and payment of the bond.
The orders above are therefore additional to the amount that was previously ordered to be paid by the tenant. 1
The landlord has applied for compensation and reimbursement of the filing fee following the end of the 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 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 tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
Photographs produced by the landlord show numerous carpet stains everywhere. According to the landlord these were food, coffee and other sorts of stains. They also show the premises was not left clean.
The tenant had an obligation to keep the lawns and gardens tidy but did not do so. The tenant left rubbish behind which had to be removed.
I am satisfied that all of the sums ordered above were reasonable.
The tenant removed two light bulbs at the end of the tenancy which the landlord had to replace.
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 40(2)(a), 41 and 49B 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. 1 On 7 May 2025, for $674.29
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.
A glass window pane was broken and had to be replaced, at a cost of $178.16. The tenant has not shown that this was accidental. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.
Because Bartley Manawatu Property Management Limited T/A Bayleys Marton Property Management as agent for Jesus Jay Labajo has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5159208 — Cleanliness at 40 Hendersons Line, Marton, Marton 4710

At a glance

Tenancy Tribunal case 5159208 — Cleanliness at 40 Hendersons Line, Marton, Marton 4710

At a glance

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

Property management

Frequently asked questions

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

Property management

Frequently asked questions