What was Tenancy Tribunal case 5228473 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Gramax

How much money was awarded in case 5228473?

Cleaning: $350.00 awarded to landlord; Cleaning: $350.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Pest Control: $580.00 awarded to landlord; Walls and Doors: $1,552.50 awarded to landlord; Replace Furnishings: Carpet: $3,400.00 awarded to landlord; Rubbish Removal: $550.00 awarded to landlord

What type of tenancy dispute was case 5228473?

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

Where can I read the official tribunal order for case 5228473?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12260170-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5228473 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Gramax

How much money was awarded in case 5228473?

Cleaning: $350.00 awarded to landlord; Cleaning: $350.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Pest Control: $580.00 awarded to landlord; Walls and Doors: $1,552.50 awarded to landlord; Replace Furnishings: Carpet: $3,400.00 awarded to landlord; Rubbish Removal: $550.00 awarded to landlord

What type of tenancy dispute was case 5228473?

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

Where can I read the official tribunal order for case 5228473?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12260170-Tribunal_Order.pdf.

14 Kairakau Street, Takanini, Takanini 2110 Tenancy Tribunal Case 5228473 — Property damage

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14 Kairakau Street, Takanini, Takanini 2110 Tenancy Tribunal Case 5228473 — 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 5228473 — net $3,809.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: and cleaning of deck exterior walls and door repairs	$550.00	Rubbish removal: and cleaning of deck exterior walls and door repairs
Pest control	$580.00	Pest control
Carpet Cleaning	$350.00	Carpet Cleaning
Replace furnishings: carpet	$3,400.00	Replace furnishings: carpet
Repairs: to walls and doors	$1,552.50	Repairs: to walls and doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Cleaning	$350.00	Carpet Cleaning
Net award	$3,809.50
Total payable by Tenant to Landlord	$3,809.50

Claims and awards for application 5228473 — net $3,809.50 NZD. Verify on MoJ.

Rubbish removal: and cleaning of deck exterior walls and door repairs

Amount: $550.00
Awarded to: Landlord
Reason: Rubbish removal: and cleaning of deck exterior walls and door repairs

Pest control

Amount: $580.00
Awarded to: Landlord
Reason: Pest control

Carpet Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Carpet Cleaning

Replace furnishings: carpet

Amount: $3,400.00
Awarded to: Landlord
Reason: Replace furnishings: carpet

Repairs: to walls and doors

Amount: $1,552.50
Awarded to: Landlord
Reason: Repairs: to walls and doors

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Pest Control Property damage Rubbish Removal

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Gramax Property Management Limited $3,809.50 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy went for 2 years and two months, it ended on 10 December 2024. The parties agree that the rent was paid for the duration 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpets were extensively stained. The claim for carpet cleaning is awarded as it was reasonable to attempt to restore the carpets with cleaning and stain removal. The claim for replacement of the carpet is considered separately below.
The claim for pest eradication is proven, admitted by the tenants and established.
The other amounts claimed are reduced somewhat, as a tenant need only leave a property “reasonably clean and tidy”. This standard does not require tenants to remove every mark from every surface and generally does not extend to cleaning of the exterior decks. The photographs and invoices substantiate the awards made only. This finding is particularly relevant when a landlord is claiming for complete interior painting and carpet replacement.
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 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.
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. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
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. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: the carpets were extensively stained, and the walls damaged/marked throughout the property. The property was brand new at the commencement of the tenancy so there can be no suggestion of preexisting damage. The damage is generally, more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation when assessing fair compensation for the replacement of the carpets and the repainting. 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. The carpet is depreciated 20% and the wall painting 25%. This is to reflect that there is an element of fair wear and tear when a four-bedroom home is let to a family with 6 children, as per the tenancy agreement.
The landlord is entitled to reimbursement of the filing fee as the claim is partly successful. The tenant signed a bond refund form so while the bond is deducted from the amount awarded, no bond reimbursement direction to the bond centre is required.

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 5228473 — net $3,809.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: and cleaning of deck exterior walls and door repairs	$550.00	Rubbish removal: and cleaning of deck exterior walls and door repairs
Pest control	$580.00	Pest control
Carpet Cleaning	$350.00	Carpet Cleaning
Replace furnishings: carpet	$3,400.00	Replace furnishings: carpet
Repairs: to walls and doors	$1,552.50	Repairs: to walls and doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Cleaning	$350.00	Carpet Cleaning
Net award	$3,809.50
Total payable by Tenant to Landlord	$3,809.50

Claims and awards for application 5228473 — net $3,809.50 NZD. Verify on MoJ.

Rubbish removal: and cleaning of deck exterior walls and door repairs

Amount: $550.00
Awarded to: Landlord
Reason: Rubbish removal: and cleaning of deck exterior walls and door repairs

Pest control

Amount: $580.00
Awarded to: Landlord
Reason: Pest control

Carpet Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Carpet Cleaning

Replace furnishings: carpet

Amount: $3,400.00
Awarded to: Landlord
Reason: Replace furnishings: carpet

Repairs: to walls and doors

Amount: $1,552.50
Awarded to: Landlord
Reason: Repairs: to walls and doors

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Pest Control Property damage Rubbish Removal

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Gramax Property Management Limited $3,809.50 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy went for 2 years and two months, it ended on 10 December 2024. The parties agree that the rent was paid for the duration 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpets were extensively stained. The claim for carpet cleaning is awarded as it was reasonable to attempt to restore the carpets with cleaning and stain removal. The claim for replacement of the carpet is considered separately below.
The claim for pest eradication is proven, admitted by the tenants and established.
The other amounts claimed are reduced somewhat, as a tenant need only leave a property “reasonably clean and tidy”. This standard does not require tenants to remove every mark from every surface and generally does not extend to cleaning of the exterior decks. The photographs and invoices substantiate the awards made only. This finding is particularly relevant when a landlord is claiming for complete interior painting and carpet replacement.
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 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.
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. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
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. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: the carpets were extensively stained, and the walls damaged/marked throughout the property. The property was brand new at the commencement of the tenancy so there can be no suggestion of preexisting damage. The damage is generally, more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation when assessing fair compensation for the replacement of the carpets and the repainting. 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. The carpet is depreciated 20% and the wall painting 25%. This is to reflect that there is an element of fair wear and tear when a four-bedroom home is let to a family with 6 children, as per the tenancy agreement.
The landlord is entitled to reimbursement of the filing fee as the claim is partly successful. The tenant signed a bond refund form so while the bond is deducted from the amount awarded, no bond reimbursement direction to the bond centre is required.

Tenancy Tribunal case 5228473 — Property damage at 14 Kairakau Street, Takanini, Takanini 2110

At a glance

Tenancy Tribunal case 5228473 — Property damage at 14 Kairakau Street, Takanini, Takanini 2110

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.