What was Tenancy Tribunal case 5174012 about?

The tribunal order states: The Bond Centre is to pay the bond of $2,760.00 (6274435-001) immediately

How much money was awarded in case 5174012?

Cleaning: $575.00 awarded to landlord; Painting: $500.00 awarded to landlord; Property Damage: $75.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Property Damage: $800.00 awarded to landlord; Rent Arrears: $119.03 awarded to tenant; Water Rates: $476.18 awarded to landlord; Water Rates: $70.94 awarded to landlord

What type of tenancy dispute was case 5174012?

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

Where can I read the official tribunal order for case 5174012?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12434123-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5174012 about?

The tribunal order states: The Bond Centre is to pay the bond of $2,760.00 (6274435-001) immediately

How much money was awarded in case 5174012?

Cleaning: $575.00 awarded to landlord; Painting: $500.00 awarded to landlord; Property Damage: $75.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Property Damage: $800.00 awarded to landlord; Rent Arrears: $119.03 awarded to tenant; Water Rates: $476.18 awarded to landlord; Water Rates: $70.94 awarded to landlord

What type of tenancy dispute was case 5174012?

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

Where can I read the official tribunal order for case 5174012?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12434123-Tribunal_Order.pdf.

19 Paneika Lane, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5174012 — Property damage

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Reasons

Claims and awards in Tenancy Tribunal application 5174012 — net $2,528.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates owing to 20 May 2025	$476.18		Water rates owing to 20 May 2025
Water rates owing for final reading (20 May 2025 to 17 June 2025	$70.94		Water rates owing for final reading (20 May 2025 to 17 June 2025
Cleaning including carpet cleaning	$575.00		Cleaning including carpet cleaning
Painting	$500.00		Painting
Repair front grass area where tenants had parked	$75.00		Repair front grass area where tenants had parked
Repaint damaged doors (x4) by consent	$150.00		Repaint damaged doors (x4) by consent
Carpet replacement	$800.00		Carpet replacement
Rent arrears to 17 June 2025		$119.03	Rent arrears to 17 June 2025
Total award	$2,647.12	$119.03
Net award	$2,528.09
Total payable by Tenant to Landlord	$2,528.09

Both parties attended the hearing which was held in person. Ms Meiring represented the landlord. Mr Maka was assisted by a Tongan interpreter.

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

This is a landlord claim and so the onus is on the landlord to prove their claim to the civil standard (on the balance of probabilities).

How much is owed for rent and water rates?

The tenancy began on 11 July 2019 and ended on 17 June 2025.

There was some confusion regarding the water rates owing for the tenancy as the tenant said that they had made regular payments for water that more than covered the water.

The landlord said that many of the water payments had been applied to rent as the rent was frequently in arrears, and so at the end of the tenancy the water was in arrears.

The landlord provided the ledger for the entire tenancy. This shows that the rent was in credit at the end of the tenancy in the amount of $119.03 and that water was in arrears in the amount of $476.18. There was also a final reading of $70.94. All payments made appear to be accounted for. The landlord provided copies of all water in invoices.

The claim for water is proved. The credit for rent is included in the order above.

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 landlord said that the tenants did not leave the premises reasonably clean and tidy. The provided an exit inspection report detailing the condition of the property and attaching a large number of photos. The landlord produced an invoice in the amount of $1,098.25 for cleaning.

The tenants said that they did clean the property. They said that the photos attached to the exit inspection report were taken before they left.

Tenants must leave the property reasonably clean and tidy but they do not need to leave the property spotless and ready for a new tenant to move into. In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.

Having reviewed the photos I consider that this property was close to being reasonably clean and tidy, with the exception of some small areas (some surfaces needed to be wiped down and the bathrooms needed extra cleaning) and the carpet. This was a tenancy of some six years and so it would be expected that the landlord would need to do a deep clean at the end of the tenancy. The carpet was very stained and was not reasonably clean and tidy.

I accept the exit inspection report as presented by the landlord. The photos show the property empty with all belongings removed. The landlord explained that they use software that uploads photos on the day that they are taken. The exit inspection reports the date of the photos to be the day after the end of the tenancy. The tenants did not have any photos of other evidence showing the condition of the property when they left.

The invoice for cleaning was broken down into two parts ($345 including GST for carpet cleaning and $701.50 for the balance).

I order the total sum of $575.00 for cleaning and carpet cleaning. I estimate this to be the portion of the invoice required to bring the property up to the “reasonably clean and tidy” standard.

The landlord also said that the outside areas need to be weed sprayed and that the tenants had parked on the grass area out he front, leaving large tyre marks. The landlord produced an invoice in the outside area in the amount of $125.00.

I consider the weed spraying to be a maintenance issue for which the landlord should be responsible. However I do accept that the tenants should be responsible for the repair of the front garden as this was clearly not a parking area and required reinstatement. I order compensation in the amount of $75.00.

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. Doors

The landlord said that four doors were damaged. They claimed the sum of $150.00 for repair of the doors. The tenants accepted the amount claimed. The order for compensation for the doors is made by consent. Painting

The landlord said that the tenant painted the property before they left but they used an unusual colour. The landlord did not object to this but said that there were areas where the plastering work showed through, and the tenants would not tell them which colour they used and so they had to repaint a large number of walls and also ceilings as the cutting in around the ceiling had left marks on the ceiling.

The tenants said that they arranged a contractor to do the painting. They said the damage to one of the ceilings, that was visible in the photographs, was caused by a water leak. They denied that there was any need to repaint.

I have reviewed the landlord’s photos carefully. I accept that it can be difficult to show damage where the issue is an uneven finish in paint, but I only have the photo evidence before me and I can only see issues with the paint in a small number of areas and in one area on the ceiling. In the circumstances I award compensation for those areas, which I estimate to be approximately $500. Waste disposal

The landlord claimed for damage to the waste disposal, and provided two invoice for two separate call outs.

There were no photos proving the damage. The invoices were also confusing as the first related to replacement parts and the second invoice related to the waste disposal unit being blocked.

This claim is not proven and is dismissed. Carpet replacement

The landlord said that even after they steam cleaned the carpet some marks could not be removed and the carpet in the master bedroom, lounge, dining and hallway had to be replaced.

The tenant accepted that the carpet in master bedroom had burn marks and had to be replaced but said that the additional marks were fair wear and tear.

I have carefully reviewed the photos. I consider that it was reasonable for the landlord to replace the carpet in the master bedroom, lounge and dining. The lounge and dining is one combined area and the photos show considerable marking. There were no photos of the hallway.

The carpet was six years old at the end of the tenancy, so some depreciation is required. In my view, taking into account the age of the carpet and the area that needed to be replaced (less the hallway) the sum of $800 is reasonable. Filing fee and name suppression

The landlord has been only partially successful and so I have not reimbursed the filing fee.

The landlord did not seek an order for name suppression. The tenants are not entitled to an order for name suppression as they are not the substantially successful party 1 .

Reasons

Claims and awards in Tenancy Tribunal application 5174012 — net $2,528.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates owing to 20 May 2025	$476.18		Water rates owing to 20 May 2025
Water rates owing for final reading (20 May 2025 to 17 June 2025	$70.94		Water rates owing for final reading (20 May 2025 to 17 June 2025
Cleaning including carpet cleaning	$575.00		Cleaning including carpet cleaning
Painting	$500.00		Painting
Repair front grass area where tenants had parked	$75.00		Repair front grass area where tenants had parked
Repaint damaged doors (x4) by consent	$150.00		Repaint damaged doors (x4) by consent
Carpet replacement	$800.00		Carpet replacement
Rent arrears to 17 June 2025		$119.03	Rent arrears to 17 June 2025
Total award	$2,647.12	$119.03
Net award	$2,528.09
Total payable by Tenant to Landlord	$2,528.09