What was Tenancy Tribunal case 5227931 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 5227931?

Cleaning: $170.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $149.00 awarded to landlord; Reglazing Lounge Window: $187.00 awarded to landlord; Rubbish Removal: $813.67 awarded to landlord

What type of tenancy dispute was case 5227931?

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

Where can I read the official tribunal order for case 5227931?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11886761-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5227931 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 5227931?

Cleaning: $170.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $149.00 awarded to landlord; Reglazing Lounge Window: $187.00 awarded to landlord; Rubbish Removal: $813.67 awarded to landlord

What type of tenancy dispute was case 5227931?

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

Where can I read the official tribunal order for case 5227931?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11886761-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5227931 — Property damage

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New Zealand Tenancy Tribunal Case 5227931 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5227931. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: reglazing lounge window	$187.00	Repairs: reglazing lounge window
Lock/key replacement	$149.00	Lock/key replacement
Carpet Cleaning	$170.00	Carpet Cleaning
Cleaning, rubbish removal and lawns (remaining amount after bond refund	$813.67	Cleaning, rubbish removal and lawns (remaining amount after bond refund
Filing fee reimbursement	$27.00	Filing fee reimbursement

Claims and awards for application 5227931. Verify on MoJ.

Repairs: reglazing lounge window

Amount: $187.00
Awarded to: Landlord
Reason: Repairs: reglazing lounge window

Lock/key replacement

Amount: $149.00
Awarded to: Landlord
Reason: Lock/key replacement

Carpet Cleaning

Amount: $170.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning, rubbish removal and lawns (remaining amount after bond refund

Amount: $813.67
Awarded to: Landlord
Reason: Cleaning, rubbish removal and lawns (remaining amount after bond refund

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Ngawai Kowhai Harrison must pay [The landlord/s] $334.95 immediately, as calculated in the table below:

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish and belongings. Photographs have been provided in support of this claim and include entry and exit photographs and comments.
The landlord says they were required to arrange for carpet cleaning of $170.00 and cleaning, rubbish removal and disposal and exterior maintenance totalling $1,601.95. Some of the bond has already been paid out towards the invoice of $1,601.95 and the remaining amount is being sought of $813.67.
The tenant disputes the amount of the cleaning invoices and says that the property was unhealthy and some of the cleaning likely related to mould in the property. The tenant has not filed any healthy homes claims. However, the landlord provided a list of the items for cleaning that were provided to the cleaners, and on review these don’t appear to relate to mould or healthy homes, they instead relate to the general cleanliness of the property.
I have reviewed the photographs and am satisfied that although some cleaning was done by the tenant, it was not left reasonably clean and tidy and additional cleaning, rubbish removal and garden work was required.
The tenant also did not return the keys and the landlord was required to replace the locks at the invoiced cost of $149.00.
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.
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.
The landlord claims the invoiced cost of $187.00 to reglaze the lounge window. Photographs provided show that the lounge window was broken. The tenant was not sure how this happened, however a text exchange provided by the landlord suggests that it may have occurred during moving and was likely caused by the tenant’s family members who were assisting.
The following damage was caused during the tenancy: broken lounge window. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 23 May 2025

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5227931. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: reglazing lounge window	$187.00	Repairs: reglazing lounge window
Lock/key replacement	$149.00	Lock/key replacement
Carpet Cleaning	$170.00	Carpet Cleaning
Cleaning, rubbish removal and lawns (remaining amount after bond refund	$813.67	Cleaning, rubbish removal and lawns (remaining amount after bond refund
Filing fee reimbursement	$27.00	Filing fee reimbursement

Claims and awards for application 5227931. Verify on MoJ.

Repairs: reglazing lounge window

Amount: $187.00
Awarded to: Landlord
Reason: Repairs: reglazing lounge window

Lock/key replacement

Amount: $149.00
Awarded to: Landlord
Reason: Lock/key replacement

Carpet Cleaning

Amount: $170.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning, rubbish removal and lawns (remaining amount after bond refund

Amount: $813.67
Awarded to: Landlord
Reason: Cleaning, rubbish removal and lawns (remaining amount after bond refund

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Ngawai Kowhai Harrison must pay [The landlord/s] $334.95 immediately, as calculated in the table below:

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish and belongings. Photographs have been provided in support of this claim and include entry and exit photographs and comments.
The landlord says they were required to arrange for carpet cleaning of $170.00 and cleaning, rubbish removal and disposal and exterior maintenance totalling $1,601.95. Some of the bond has already been paid out towards the invoice of $1,601.95 and the remaining amount is being sought of $813.67.
The tenant disputes the amount of the cleaning invoices and says that the property was unhealthy and some of the cleaning likely related to mould in the property. The tenant has not filed any healthy homes claims. However, the landlord provided a list of the items for cleaning that were provided to the cleaners, and on review these don’t appear to relate to mould or healthy homes, they instead relate to the general cleanliness of the property.
I have reviewed the photographs and am satisfied that although some cleaning was done by the tenant, it was not left reasonably clean and tidy and additional cleaning, rubbish removal and garden work was required.
The tenant also did not return the keys and the landlord was required to replace the locks at the invoiced cost of $149.00.
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.
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.
The landlord claims the invoiced cost of $187.00 to reglaze the lounge window. Photographs provided show that the lounge window was broken. The tenant was not sure how this happened, however a text exchange provided by the landlord suggests that it may have occurred during moving and was likely caused by the tenant’s family members who were assisting.
The following damage was caused during the tenancy: broken lounge window. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 23 May 2025

Tenancy Tribunal case 5227931 — Property damage

At a glance

Tenancy Tribunal case 5227931 — Property damage

At a glance

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

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