How much money was awarded in case 5206031?

Cleaning: $6,390.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent: $9,285.71 awarded to landlord; Water Charges: $396.37 awarded to landlord

What type of tenancy dispute was case 5206031?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5206031?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11899028-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5206031?

Cleaning: $6,390.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent: $9,285.71 awarded to landlord; Water Charges: $396.37 awarded to landlord

What type of tenancy dispute was case 5206031?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5206031?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11899028-Tribunal_Order_Redacted.pdf.

Unit/Flat 2, 20 Marne Road, Papakura, Papakura 2110 Tenancy Tribunal Case 5206031 — Cleanliness

Q: What was Tenancy Tribunal case 5206031 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5206031 — net $13,499.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 27 May 2025	$9,285.71	Rent to 27 May 2025
Repairs to walls, doors, windows, carpet, cleaning etc	$6,390.00	Repairs to walls, doors, windows, carpet, cleaning etc
Water charges to 14 May 2025	$396.37	Water charges to 14 May 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$13,499.08
Total payable by Tenant to Landlord	$13,499.08

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name.

The tenancy of Mccarthy Ngahirika at Unit/Flat 2, 20 Marne Road, Papakura, Papakura 2110 is terminated, and possession is granted to [The landlord/s], at

30am on Tuesday 27 May 2025.

The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Mccarthy Ngahirika must pay [The landlord/s] $13,499.08 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.

The landlord has applied for termination of the tenancy, rent arrears, compensation, and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. The weekly rent was $650.00 so the arrears are extensive. The tenancy is terminated. Rent and Water

The landlord said the tenant abandoned the property. They discovered in late February 2025 that the tenant was moving their belongings. The tenant did not return the keys. The inspection report dated 24 March 2025 suggests that the tenants had moved out by this time. The landlord applied for termination on 20 March 2025.

The fixed term tenancy was due to expire on 25 April 2025. If the tenant abandoned the premises, then pursuant to section 61(3)(b) of the Residential Tenancies Act 1986, they were liable for rent to the end of the fixed term. The landlord said, however, that they had not been able to rent the property to new tenants because of its condition. I find that the landlord is entitled to rent to the end of the tenancy today, 27 May 2025. The tenancy is treated as having continued after expiry of the fixed term (section 60A). Despite the tenant leaving, the landlord needed a Tribunal order to take possession.

The landlord provided rent records and water rates invoices which prove the amount owing at 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.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord’s inspection report shows that the premises needed cleaning, including the kitchen cupboards, rangehood, and oven ($356.52 plus GST). There were various belongings, personal items and furniture left behind. I award the rubbish removal costs ($678.26 plus GST).

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.

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.

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.

There was extensive damage caused during the tenancy. Several doors were badly damaged and there were deep holes in the walls. Some of the walls and carpets were covered in ink. The carpet in the lounge had to be replaced. The front door glass was broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing Fee and Name Suppression

I award the filing fee and grant the landlord suppression as requested.

Claims and awards in Tenancy Tribunal application 5206031 — net $13,499.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 27 May 2025	$9,285.71	Rent to 27 May 2025
Repairs to walls, doors, windows, carpet, cleaning etc	$6,390.00	Repairs to walls, doors, windows, carpet, cleaning etc
Water charges to 14 May 2025	$396.37	Water charges to 14 May 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$13,499.08
Total payable by Tenant to Landlord	$13,499.08

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name.
The tenancy of Mccarthy Ngahirika at Unit/Flat 2, 20 Marne Road, Papakura, Papakura 2110 is terminated, and possession is granted to [The landlord/s], at
30am on Tuesday 27 May 2025.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Mccarthy Ngahirika must pay [The landlord/s] $13,499.08 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for termination of the tenancy, rent arrears, compensation, and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The weekly rent was $650.00 so the arrears are extensive. The tenancy is terminated. Rent and Water
The landlord said the tenant abandoned the property. They discovered in late February 2025 that the tenant was moving their belongings. The tenant did not return the keys. The inspection report dated 24 March 2025 suggests that the tenants had moved out by this time. The landlord applied for termination on 20 March 2025.
The fixed term tenancy was due to expire on 25 April 2025. If the tenant abandoned the premises, then pursuant to section 61(3)(b) of the Residential Tenancies Act 1986, they were liable for rent to the end of the fixed term. The landlord said, however, that they had not been able to rent the property to new tenants because of its condition. I find that the landlord is entitled to rent to the end of the tenancy today, 27 May 2025. The tenancy is treated as having continued after expiry of the fixed term (section 60A). Despite the tenant leaving, the landlord needed a Tribunal order to take possession.
The landlord provided rent records and water rates invoices which prove the amount owing at 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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord’s inspection report shows that the premises needed cleaning, including the kitchen cupboards, rangehood, and oven ($356.52 plus GST). There were various belongings, personal items and furniture left behind. I award the rubbish removal costs ($678.26 plus GST).

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.
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.
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.
There was extensive damage caused during the tenancy. Several doors were badly damaged and there were deep holes in the walls. Some of the walls and carpets were covered in ink. The carpet in the lounge had to be replaced. The front door glass was broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing Fee and Name Suppression
I award the filing fee and grant the landlord suppression as requested.

Tenancy Tribunal case 5206031 — Cleanliness at Unit/Flat 2, 20 Marne Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 5206031 — Cleanliness at Unit/Flat 2, 20 Marne Road, Papakura, Papakura 2110

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