How much money was awarded in case 5212191?

Cleaning: $316.25 awarded to landlord; Cleaning: $40.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Rent Arrears: $1,102.86 awarded to landlord; pin holes in walls and dent in bedro…: $200.00 awarded to landlord; Water Rates: $224.40 awarded to landlord

What type of tenancy dispute was case 5212191?

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

Where can I read the official tribunal order for case 5212191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12149888-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5212191?

Cleaning: $316.25 awarded to landlord; Cleaning: $40.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Rent Arrears: $1,102.86 awarded to landlord; pin holes in walls and dent in bedro…: $200.00 awarded to landlord; Water Rates: $224.40 awarded to landlord

What type of tenancy dispute was case 5212191?

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

Where can I read the official tribunal order for case 5212191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12149888-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5212191 — Rent arrears

Q: What was Tenancy Tribunal case 5212191 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 5212191 — net $1,050.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 February 2025	$1,102.86	Rent arrears to 24 February 2025
Water rates	$224.40	Water rates
Repairs: pin holes in walls and dent in bedroom 2	$200.00	Repairs: pin holes in walls and dent in bedroom 2
Cleaning: curtains	$40.00	Cleaning: curtains
Lawns and Garden work: and rubbish bin emptying and washing	$300.00	Lawns and Garden work: and rubbish bin emptying and washing
Carpet Cleaning	$316.25	Carpet Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,050.51
Total payable by Tenant to Landlord	$1,050.51

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

Maxine Gill must pay [The landlord/s] $1,050.51 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,160.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, the tenant did not attend. I am satisfied that the tenant has been served and therefore have proceeded in her absence.

The landlord has applied for rent arrears until the 24 February 2025, water rates, compensation for cleaning, repair walls, repair vinyl in kitchen, carpet cleaning, garden weeding and removal of dog faeces, and cleaning of curtains, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 24 February 2025 after the tenant gave notice. 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant had done most of the cleaning, however there were areas of the property that needed additional cleaning to bring the property up to a reasonably clean and tidy condition. The landlord had their own cleaner do this work and I am satisfied that the amount charged is reasonable for the work that was completed.

The landlord had to have the dining room curtains laundered to remove food stains. I award the cost of the laundering.

At the final inspection there was staining on some carpets that looked like dog urine stains. The property manager also said that the carpet smelt of urine. I am satisfied that that staining occurred during the tenancy as the staining was not present in the pre-tenancy inspection report and photographs taken at the beginning of the tenancy. I am satisfied that the tenant is liable for the costs of the carpet cleaning and stain removal.

The tenant was responsible for the lawns and weeding. The landlord showed me the photographs taken at the beginning of the tenancy and those at the end. The tenant had not weeded the garden for some time and there was a large pile of green waste that had to be removed. In addition, the dogs had used one of the gardens as a toilet and the dog faeces had to be removed.

The rubbish bins had to be emptied and hosed out. I am satisfied that the tenant was in breach of her obligations to weed the garden and remove garden waste and award the landlord the cost of garden weeding and waste removal.

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.

I am satisfied that the tenant put additional pin holes in the bedroom wall, which needed to be repaired and carelessly dented the wall in bedroom 2 which needed repair. The costs of the repair are less than the insurance excess and therefore the amount of the repair is awarded.

The landlord also sought the cost of repairing the vinyl where the tenants dining rooms chairs had put a hole in the vinyl. I do not consider that the tenant should be liable for this cost, because there was no evidence that the tenant was using the chairs in an incorrect manner, or that anyone even noticed the damage during the tenancy. I consider that the damage occurred through fair wear and tear, the damage occurred from the tenant using what appeared to be dining room chairs in the dining room.

The amounts ordered are proved.

I have taken into account betterment and depreciation. 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, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and granted name suppression as requested.

Claims and awards in Tenancy Tribunal application 5212191 — net $1,050.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 February 2025	$1,102.86	Rent arrears to 24 February 2025
Water rates	$224.40	Water rates
Repairs: pin holes in walls and dent in bedroom 2	$200.00	Repairs: pin holes in walls and dent in bedroom 2
Cleaning: curtains	$40.00	Cleaning: curtains
Lawns and Garden work: and rubbish bin emptying and washing	$300.00	Lawns and Garden work: and rubbish bin emptying and washing
Carpet Cleaning	$316.25	Carpet Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,050.51
Total payable by Tenant to Landlord	$1,050.51

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Maxine Gill must pay [The landlord/s] $1,050.51 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,160.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, the tenant did not attend. I am satisfied that the tenant has been served and therefore have proceeded in her absence.
The landlord has applied for rent arrears until the 24 February 2025, water rates, compensation for cleaning, repair walls, repair vinyl in kitchen, carpet cleaning, garden weeding and removal of dog faeces, and cleaning of curtains, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 24 February 2025 after the tenant gave notice. 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant had done most of the cleaning, however there were areas of the property that needed additional cleaning to bring the property up to a reasonably clean and tidy condition. The landlord had their own cleaner do this work and I am satisfied that the amount charged is reasonable for the work that was completed.
The landlord had to have the dining room curtains laundered to remove food stains. I award the cost of the laundering.
At the final inspection there was staining on some carpets that looked like dog urine stains. The property manager also said that the carpet smelt of urine. I am satisfied that that staining occurred during the tenancy as the staining was not present in the pre-tenancy inspection report and photographs taken at the beginning of the tenancy. I am satisfied that the tenant is liable for the costs of the carpet cleaning and stain removal.
The tenant was responsible for the lawns and weeding. The landlord showed me the photographs taken at the beginning of the tenancy and those at the end. The tenant had not weeded the garden for some time and there was a large pile of green waste that had to be removed. In addition, the dogs had used one of the gardens as a toilet and the dog faeces had to be removed.
The rubbish bins had to be emptied and hosed out. I am satisfied that the tenant was in breach of her obligations to weed the garden and remove garden waste and award the landlord the cost of garden weeding and waste removal.
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.
I am satisfied that the tenant put additional pin holes in the bedroom wall, which needed to be repaired and carelessly dented the wall in bedroom 2 which needed repair. The costs of the repair are less than the insurance excess and therefore the amount of the repair is awarded.
The landlord also sought the cost of repairing the vinyl where the tenants dining rooms chairs had put a hole in the vinyl. I do not consider that the tenant should be liable for this cost, because there was no evidence that the tenant was using the chairs in an incorrect manner, or that anyone even noticed the damage during the tenancy. I consider that the damage occurred through fair wear and tear, the damage occurred from the tenant using what appeared to be dining room chairs in the dining room.
The amounts ordered are proved.
I have taken into account betterment and depreciation. 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, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and granted name suppression as requested.

Tenancy Tribunal case 5212191 — Rent arrears

At a glance

Tenancy Tribunal case 5212191 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

How much is owed for rent and water rates?

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