What was Tenancy Tribunal case 5172614 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 5172614?

Cleaning: $885.97 awarded to landlord; Property Damage: $225.00 awarded to landlord; Rubbish Removal: $225.69 awarded to landlord

What type of tenancy dispute was case 5172614?

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

Where can I read the official tribunal order for case 5172614?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11930918-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5172614 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 5172614?

Cleaning: $885.97 awarded to landlord; Property Damage: $225.00 awarded to landlord; Rubbish Removal: $225.69 awarded to landlord

What type of tenancy dispute was case 5172614?

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

Where can I read the official tribunal order for case 5172614?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11930918-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5172614 — Cleanliness

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5172614 — net $1,336.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$885.97	Cleaning
Rubbish removal	$225.69	Rubbish removal
Repairs	$225.00	Repairs
Net award	$1,336.66
Total payable by Tenant to Landlord	$1,336.66

The landlord attended this video hearing on 4 June 2025.

The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went 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 of the hearing was given to the tenant.

The matter was part heard on 17 April 2025 and was adjourned on that date for further consideration of claims for cleaning, rubbish removal and repairs.

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. 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 has provided photos of the premises at the end of the tenancy which clearly show that the premises had not been left reasonably clean and tidy. The landlord provided a copy of a cleaning invoice. The narration to that invoice indicates that the cleaner considered the premises had been left in a particularly poor condition. The invoice for cleaning including rubbish removal and tip fees is $885.97. A further invoice for labour and rubbish removal of $225.69 was also provided.

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.

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 excess on the landlord’s insurance policy is $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.

Walls in a bedroom and an entry door frame were damaged during the tendency. The landlord provided photos of the damage and an invoice for the repairs of $225.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The previous orders were adjourned in is a result the orders were not published.

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

Reasons

Claims and awards in Tenancy Tribunal application 5172614 — net $1,336.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$885.97	Cleaning
Rubbish removal	$225.69	Rubbish removal
Repairs	$225.00	Repairs
Net award	$1,336.66
Total payable by Tenant to Landlord	$1,336.66

The landlord attended this video hearing on 4 June 2025.

The matter was part heard on 17 April 2025 and was adjourned on that date for further consideration of claims for cleaning, rubbish removal and repairs.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

The previous orders were adjourned in is a result the orders were not published.

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

Tenancy Tribunal case 5172614 — Cleanliness

At a glance

Tenancy Tribunal case 5172614 — 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