What was Tenancy Tribunal case 5195671 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 5195671?

Cleaning: $310.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Landlord'S Labour: $1,440.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $983.57 awarded to landlord; Skips: $900.00 awarded to landlord

What type of tenancy dispute was case 5195671?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 5195671?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12197719-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5195671 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 5195671?

Cleaning: $310.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Landlord'S Labour: $1,440.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $983.57 awarded to landlord; Skips: $900.00 awarded to landlord

What type of tenancy dispute was case 5195671?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 5195671?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12197719-Tribunal_Order_Redacted.pdf.

17 Holton Road, Amberley 7481 Tenancy Tribunal Case 5195671 — Rent arrears

Claims and awards in Tenancy Tribunal application 5195671 — net $4,161.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 March 2025	$983.57	Rent arrears to 10 March 2025
Toilet damage	$500.00	Toilet damage
Skips	$900.00	Skips
Cleaning	$310.50	Cleaning
Landlord's labour	$1,440.00	Landlord's labour
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,161.07
Total payable by Tenant to Landlord	$4,161.07

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Kate Alston must pay [the landlord] $4,161.07 immediately, calculated as shown in the table below.
The landlord’s claims are otherwise dismissed.

Reasons

Only the landlord’s agent attended the hearing. The tenant applied for an adjournment shortly before the hearing because she had suffered an injury, and she was awaiting treatment. I refused the adjournment and gave the tenant permission to attend the hearing by telephone. I was not satisfied that the injury prevented the tenant from attending by telephone. The Tribunal called the tenant at the time of the hearing, and she said that she could not attend because she was on pain medication, and she was not in a fit state to deal with the hearing. That was not apparent from the telephone conversation. The hearing then proceeded in her absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy ended on 10 March 2025. The landlord provided rent records to prove the amount owing at the end of the tenancy. The agent said that the tenant accepted the arrears at the mediation. I have awarded the arrears as claimed. The Tenant’s Other Obligations
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.
The tenant must not carelessly or intentionally damage 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.
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).
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).
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.
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. Betterment
The Tribunal must consider betterment where appropriate. 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, the Tribunal considers the age and condition of the damaged items at the start of the tenancy and their likely useful lifespan. Claims Carpet
The landlord replaced carpet in the lounge, dining room and two bedrooms due to damage to it during the tenancy.
The only “ingoing” inspection report produced described the carpet in all areas as marked and aged. The agent said that the carpet was 9 years old but there was no direct evidence of that. The landlord bought the premises in 2021.
The carpet was extensively stained during the tenancy. The landlord did not attempt to clean it. She was moving back into the premises and decided to replace the carpet.
I find that it is likely that landlord would have replaced the carpet in any case. The agent agreed that was likely. That is supported by the condition of the carpet before the tenancy and the fact that the landlord did not try to clean it. This claim is therefore dismissed. Toilet
A photograph taken at the end of the tenancy shows the toilet to be in a very poor state. There is damage to the toilet the seat and to the bowl as well as it being extremely unclean.
The landlord did not try to clean it and instead replaced it. The claim is for $1,512 based on a plumber’s invoice. But that invoice includes work and materials that are plainly not related to the toilet. I note as well, that it does not include the cost of a new toilet.
The premises is a 1950s house, and it is likely that the toilet dates to that time. I accept that there should be an award but, it needs to be discounted for the age of the toilet. I can’t be accurate with this assessment because the necessary information is lacking. I find that an award of $500 is appropriate. Skips
There was a substantial amount of rubbish left at the premises and the landlord claims the cost of two skips in the sum of $900. I find that to be reasonable and so I have awarded it. Cleaning
The premises were not left reasonably clean and tidy. There was an extreme amount of cleaning and rubbish removal needed. The landlord and family members did most of the cleaning but there were some areas that were left to professional cleaners. The claim for the cost of that cleaning in the sum of $310.50 is plainly reasonable and I have awarded it. The Landlord’s Own Time
The Tribunal will award compensation for the landlord’s own time spent on work that would otherwise have to be done by contractors and paid for by the tenant. This has the double benefit of encouraging landlords to do it themselves and of saving the tenant the higher cost of a contractor. The amount awarded to the landlord on an hourly basis can vary but it is typically $25 to $35 per hour.
In this case the landlord and family members have done a considerable amount of work themselves. It involved collecting up rubbish and putting it into skips, cleaning the premises and garden work. The claim is for 3 people working two eight-hour days at $30 per hour making a total of $1,440.
I find that to be reasonable. The premises had been thoroughly neglected and the cost of employing contractors to do the work that was necessary would have been at least double that in my view. I have therefore awarded it in full. Filing Fee
The landlord has been successful and so I have awarded the filing fee. Name Suppression
For the same reason I have granted the landlord name suppression.

Claims and awards in Tenancy Tribunal application 5195671 — net $4,161.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 March 2025	$983.57	Rent arrears to 10 March 2025
Toilet damage	$500.00	Toilet damage
Skips	$900.00	Skips
Cleaning	$310.50	Cleaning
Landlord's labour	$1,440.00	Landlord's labour
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,161.07
Total payable by Tenant to Landlord	$4,161.07

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Kate Alston must pay [the landlord] $4,161.07 immediately, calculated as shown in the table below.
The landlord’s claims are otherwise dismissed.

Reasons

Only the landlord’s agent attended the hearing. The tenant applied for an adjournment shortly before the hearing because she had suffered an injury, and she was awaiting treatment. I refused the adjournment and gave the tenant permission to attend the hearing by telephone. I was not satisfied that the injury prevented the tenant from attending by telephone. The Tribunal called the tenant at the time of the hearing, and she said that she could not attend because she was on pain medication, and she was not in a fit state to deal with the hearing. That was not apparent from the telephone conversation. The hearing then proceeded in her absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy ended on 10 March 2025. The landlord provided rent records to prove the amount owing at the end of the tenancy. The agent said that the tenant accepted the arrears at the mediation. I have awarded the arrears as claimed. The Tenant’s Other Obligations
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.
The tenant must not carelessly or intentionally damage 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.
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).
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).
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.
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. Betterment
The Tribunal must consider betterment where appropriate. 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, the Tribunal considers the age and condition of the damaged items at the start of the tenancy and their likely useful lifespan. Claims Carpet
The landlord replaced carpet in the lounge, dining room and two bedrooms due to damage to it during the tenancy.
The only “ingoing” inspection report produced described the carpet in all areas as marked and aged. The agent said that the carpet was 9 years old but there was no direct evidence of that. The landlord bought the premises in 2021.
The carpet was extensively stained during the tenancy. The landlord did not attempt to clean it. She was moving back into the premises and decided to replace the carpet.
I find that it is likely that landlord would have replaced the carpet in any case. The agent agreed that was likely. That is supported by the condition of the carpet before the tenancy and the fact that the landlord did not try to clean it. This claim is therefore dismissed. Toilet
A photograph taken at the end of the tenancy shows the toilet to be in a very poor state. There is damage to the toilet the seat and to the bowl as well as it being extremely unclean.
The landlord did not try to clean it and instead replaced it. The claim is for $1,512 based on a plumber’s invoice. But that invoice includes work and materials that are plainly not related to the toilet. I note as well, that it does not include the cost of a new toilet.
The premises is a 1950s house, and it is likely that the toilet dates to that time. I accept that there should be an award but, it needs to be discounted for the age of the toilet. I can’t be accurate with this assessment because the necessary information is lacking. I find that an award of $500 is appropriate. Skips
There was a substantial amount of rubbish left at the premises and the landlord claims the cost of two skips in the sum of $900. I find that to be reasonable and so I have awarded it. Cleaning
The premises were not left reasonably clean and tidy. There was an extreme amount of cleaning and rubbish removal needed. The landlord and family members did most of the cleaning but there were some areas that were left to professional cleaners. The claim for the cost of that cleaning in the sum of $310.50 is plainly reasonable and I have awarded it. The Landlord’s Own Time
The Tribunal will award compensation for the landlord’s own time spent on work that would otherwise have to be done by contractors and paid for by the tenant. This has the double benefit of encouraging landlords to do it themselves and of saving the tenant the higher cost of a contractor. The amount awarded to the landlord on an hourly basis can vary but it is typically $25 to $35 per hour.
In this case the landlord and family members have done a considerable amount of work themselves. It involved collecting up rubbish and putting it into skips, cleaning the premises and garden work. The claim is for 3 people working two eight-hour days at $30 per hour making a total of $1,440.
I find that to be reasonable. The premises had been thoroughly neglected and the cost of employing contractors to do the work that was necessary would have been at least double that in my view. I have therefore awarded it in full. Filing Fee
The landlord has been successful and so I have awarded the filing fee. Name Suppression
For the same reason I have granted the landlord name suppression.

Tenancy Tribunal case 5195671 — Rent arrears at 17 Holton Road, Amberley 7481

At a glance

Tenancy Tribunal case 5195671 — Rent arrears at 17 Holton Road, Amberley 7481

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions