How much money was awarded in case 5232332?

Cleaning: $1,000.00 awarded to landlord; Cleaning: $1,357.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $240.00 awarded to landlord; Property Damage: $281.67 awarded to landlord; Property Damage: $140.55 awarded to landlord; Rent To Reletting: $1,280.00 awarded to landlord; Holes In Walls: $1,050.00 awarded to landlord; Sleepout Door: $273.36 awarded to landlord; Replace Furnishings: Cutlery Basket: $41.40 awarded to landlord; Replace Furnishings: Sheer Curtains: $394.00 awarded to landlord; Replace Furnishings: Sleepout Carpet: $1,000.00 awarded to landlord; Rubbish Removal: $1,300.00 awarded to landlord

What type of tenancy dispute was case 5232332?

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

Where can I read the official tribunal order for case 5232332?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12130459-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5232332?

Cleaning: $1,000.00 awarded to landlord; Cleaning: $1,357.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $240.00 awarded to landlord; Property Damage: $281.67 awarded to landlord; Property Damage: $140.55 awarded to landlord; Rent To Reletting: $1,280.00 awarded to landlord; Holes In Walls: $1,050.00 awarded to landlord; Sleepout Door: $273.36 awarded to landlord; Replace Furnishings: Cutlery Basket: $41.40 awarded to landlord; Replace Furnishings: Sheer Curtains: $394.00 awarded to landlord; Replace Furnishings: Sleepout Carpet: $1,000.00 awarded to landlord; Rubbish Removal: $1,300.00 awarded to landlord

What type of tenancy dispute was case 5232332?

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

Where can I read the official tribunal order for case 5232332?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12130459-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5232332 — Cleanliness

Q: What was Tenancy Tribunal case 5232332 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5232332 — net $8,384.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to reletting	$1,280.00	Rent to reletting
Lock/key replacement	$281.67	Lock/key replacement
Carpet Cleaning: and cleaning	$1,000.00	Carpet Cleaning: and cleaning
Rubbish removal	$1,300.00	Rubbish removal
Lawns and Garden work	$240.00	Lawns and Garden work
Window repairs	$140.55	Window repairs
Repairs: holes in walls	$1,050.00	Repairs: holes in walls
Repairs: sleepout door	$273.36	Repairs: sleepout door
Replace furnishings: sleepout carpet	$1,000.00	Replace furnishings: sleepout carpet
Replace furnishings: sheer curtains	$394.00	Replace furnishings: sheer curtains
Replace furnishings: cutlery basket	$41.40	Replace furnishings: cutlery basket
Meth testing/Cleaning	$1,357.00	Meth testing/Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,384.98
Total payable by Tenant to Landlord	$8,384.98

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

Klove Colleen O'Brien-Vernoon must pay [The landlord/s] $8,384.98 immediately, calculated as shown in table below. DescriptionLandlord Rent to reletting$1,280.00 Lock/key replacement$281.67 Carpet Cleaning: and cleaning$1,000.00 Rubbish removal$1,300.00 Lawns and Garden work$240.00 Window repairs$140.55 Repairs: holes in walls$1,050.00 Repairs: sleepout door$273.36 Replace furnishings: sleepout carpet$1,000.00 Replace furnishings: sheer curtains$394.00 Replace furnishings: cutlery basket$41.40 Meth testing/Cleaning$1,357.00 Filing fee reimbursement$27.00 Total award$8,384.98 Total payable by Tenant to Landlord$8,384.98

Reasons

The landlord attended the hearing.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. Compensation for rent

The tenancy ended on 29 May 2025 pursuant to the Tribunal’s order of that date.

This was a fixed term tenancy ending on 24 August 2025.

The landlord gave evidence that the property was cleaned, repaired and re-let the property from 12 June 2025.

In these circumstances, where a tenant has abandoned a property in a filthy and rubbish-strewn condition before the end of a fixed term tenancy, it is appropriate that the landlord be compensated for the two-week period required to put the property in order.

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 leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord provided photographic evidence that tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It appeared from the photographs that the tenant had simply abandoned the property, taking what she wanted and made no attempt to dispose of a substantial amount of rubbish and discarded chattels or to clean the property which was in a filthy condition.

The tenant did not return the keys.

The following chattels were missing at the end of the tenancy: a. Sheer curtains. b. The dishwasher cutlery basket.

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 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.

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: a. A window was broken. b. There were a number of holes in the walls. c. The sleepout door had been damaged beyond repair by the application of force. d. The carpet in the sleepout had been damaged beyond repair by paint or chemicals. e. The property was contaminated by methamphetamine use at levels of less than 1.5 μg/100 cm2.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. From its nature and extent, the damage was intentional.

The landlord provided a methamphetamine test at the start of the tenancy showing the absence of contamination and methamphetamine tests at the end of the tenancy showing contamination. The landlord is entitled to reimbursement of the costs of the testing. The costs of cleaning the contamination are included the amount awarded for the general cleaning of the property.

The amounts ordered are proved.

I have considered 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. While the carpet in the sleepout was some years old, it was still in good and serviceable condition. It would not have required replacement but for the actions of the tenant. The net curtains were new at the start of the tenancy and it is not appropriate that the costs of replacement be depreciated. On the substantial merits and justice of this case, it is appropriate that the landlord be reimbursed for the modest costs claimed. Filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5232332 — net $8,384.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to reletting	$1,280.00	Rent to reletting
Lock/key replacement	$281.67	Lock/key replacement
Carpet Cleaning: and cleaning	$1,000.00	Carpet Cleaning: and cleaning
Rubbish removal	$1,300.00	Rubbish removal
Lawns and Garden work	$240.00	Lawns and Garden work
Window repairs	$140.55	Window repairs
Repairs: holes in walls	$1,050.00	Repairs: holes in walls
Repairs: sleepout door	$273.36	Repairs: sleepout door
Replace furnishings: sleepout carpet	$1,000.00	Replace furnishings: sleepout carpet
Replace furnishings: sheer curtains	$394.00	Replace furnishings: sheer curtains
Replace furnishings: cutlery basket	$41.40	Replace furnishings: cutlery basket
Meth testing/Cleaning	$1,357.00	Meth testing/Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,384.98
Total payable by Tenant to Landlord	$8,384.98

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

Reasons

The landlord attended the hearing.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. Compensation for rent

The tenancy ended on 29 May 2025 pursuant to the Tribunal’s order of that date.

This was a fixed term tenancy ending on 24 August 2025.

The landlord gave evidence that the property was cleaned, repaired and re-let the property from 12 June 2025.

Did the tenant comply with their obligations at the end of the tenancy?

The tenant did not return the keys.

The following chattels were missing at the end of the tenancy: a. Sheer curtains. b. The dishwasher cutlery basket.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. From its nature and extent, the damage was intentional.

The amounts ordered are proved.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5232332 — Cleanliness

At a glance

Tenancy Tribunal case 5232332 — Cleanliness

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