What was the outcome of Tenancy Tribunal case 5233551?

The tribunal order states: Cathy Marshall must pay Lorenzo Haupt and Angela Workman $1,103.00

How much money was awarded in case 5233551?

Cleaning: $320.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $356.00 awarded to landlord; Walls: $400.00 awarded to landlord

What type of tenancy dispute was case 5233551?

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

Where can I read the official tribunal order for case 5233551?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12005908-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5233551?

The tribunal order states: Cathy Marshall must pay Lorenzo Haupt and Angela Workman $1,103.00

How much money was awarded in case 5233551?

Cleaning: $320.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $356.00 awarded to landlord; Walls: $400.00 awarded to landlord

What type of tenancy dispute was case 5233551?

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

Where can I read the official tribunal order for case 5233551?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12005908-Tenancy_Tribunal_Order.pdf.

21 Morrell Street, Tawhero, Whanganui 4501 Tenancy Tribunal Case 5233551 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5233551 — net $1,103.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 Jan 2025 (by consent	$356.00	Rent arrears to 23 Jan 2025 (by consent
Carpet Cleaning (by consent	$320.00	Carpet Cleaning (by consent
Repairs: walls	$400.00	Repairs: walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,103.00
Total payable by Tenant to Landlord	$1,103.00

Both parties attended the hearing. Mr Haupt attended the remote hearing via Microsoft Teams. Ms Marshall attended by phone.

Following the end of the tenancy, the landlord has applied for rent arrears, compensation for carpet cleaning and damage, and reimbursement of the filing fee.

How much is owed for rent?

The tenancy ended on 23 January 2025. The landlord provided rent records which prove at the end of the tenancy, the tenant owed $3,420 in rent arrears.

The bond of $2,464 was refunded to the landlord on 4 March 2025. The bond has been applied to the rent arrears, and $356 in rent arrears remains unpaid.

The tenant accepts that she owes the landlord the remaining rent arrears.

Accordingly, the order for rent arrears is made by consent.

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 accepts that she did not leave the carpet reasonably clean and tidy and accepts she owes the landlord $320 for carpet cleaning.

Accordingly, the order for compensation for carpet cleaning is made by consent.

The tenant disputes the landlord’s claim for $862.50 in compensation for removal of wall decals, repair and repainting. The tenant admits she did not remove wall decals which were on the walls in several rooms in the house, but says they are designed to be removed without damaging the paint. The tenant also admitted that when she moved out, she had scraped a wall and did some touch-up painting. The tenant says the touch-up paint was matched by a paint shop.

The landlord has provided an invoice dated 2 March 2025 for $862.50 for work carried out by a tradesperson removing the wall decals, plastering and painting where they caused damage, and repairing a wall painted with the wrong colour.

The landlord says the walls were newly painted in 2021, and the damage present at the end of the tenancy was caused by the tenant. The landlord says the walls were clean, without marks and holes, at the start of the tenancy, which commenced 24 January 2024. The landlord was provided further time after the hearing to file an in-going checklist which recorded the condition of the walls at the start of the tenancy.

The report filed by the landlord after the hearing recording the condition of the walls is dated 23 November 2022. The tenancy agreement records that this tenancy started on 24 January 2024. Th landlord has therefore not provided sufficient evidence of the condition the walls were in at the start of this tenancy.

The landlord has provided photos taken on 23 and 25 February 2025 which show the decals left in place, and the patched wall which was not repaired to a satisfactory standard.

The tenant accepts that she left decals on the walls at the end of the tenancy, and that she patched a wall following damage when moving out. Based on her own admissions, I am satisfied that the tenant did not leave the premises reasonably tidy, and I accept that removal of the decals is likely to have caused some damage to the paint. I do not accept that the tenant is liable for the entire cost of bringing the walls up to an “as new” standard which the work completed would have done. That is because the landlord has not demonstrated the walls were in an “as new” condition at the start of this tenancy.

Taking into account the walls were last painted in 2021, and some wear and tear is expected over the four years it has been rented out, I consider an appropriate contribution to the costs of removing the decals, repairing damage caused by the decals, and repairing the tenant’s paintwork, is $400.

The amount ordered is proved. Should the tenant reimburse the landlord’s application fee?

As the landlord has substantially succeeded with the claim the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5233551 — net $1,103.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 Jan 2025 (by consent	$356.00	Rent arrears to 23 Jan 2025 (by consent
Carpet Cleaning (by consent	$320.00	Carpet Cleaning (by consent
Repairs: walls	$400.00	Repairs: walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,103.00
Total payable by Tenant to Landlord	$1,103.00

Order

Cathy Marshall must pay Lorenzo Haupt and Angela Workman $1,103.00 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing. Mr Haupt attended the remote hearing via Microsoft Teams. Ms Marshall attended by phone.
Following the end of the tenancy, the landlord has applied for rent arrears, compensation for carpet cleaning and damage, and reimbursement of the filing fee.

How much is owed for rent?

The tenancy ended on 23 January 2025. The landlord provided rent records which prove at the end of the tenancy, the tenant owed $3,420 in rent arrears.
The bond of $2,464 was refunded to the landlord on 4 March 2025. The bond has been applied to the rent arrears, and $356 in rent arrears remains unpaid.
The tenant accepts that she owes the landlord the remaining rent arrears.
Accordingly, the order for rent arrears is made by consent.

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 accepts that she did not leave the carpet reasonably clean and tidy and accepts she owes the landlord $320 for carpet cleaning.
Accordingly, the order for compensation for carpet cleaning is made by consent.
The tenant disputes the landlord’s claim for $862.50 in compensation for removal of wall decals, repair and repainting. The tenant admits she did not remove wall decals which were on the walls in several rooms in the house, but says they are designed to be removed without damaging the paint. The tenant also admitted that when she moved out, she had scraped a wall and did some touch-up painting. The tenant says the touch-up paint was matched by a paint shop.
The landlord has provided an invoice dated 2 March 2025 for $862.50 for work carried out by a tradesperson removing the wall decals, plastering and painting where they caused damage, and repairing a wall painted with the wrong colour.
The landlord says the walls were newly painted in 2021, and the damage present at the end of the tenancy was caused by the tenant. The landlord says the walls were clean, without marks and holes, at the start of the tenancy, which commenced 24 January 2024. The landlord was provided further time after the hearing to file an in-going checklist which recorded the condition of the walls at the start of the tenancy.
The report filed by the landlord after the hearing recording the condition of the walls is dated 23 November 2022. The tenancy agreement records that this tenancy started on 24 January 2024. Th landlord has therefore not provided sufficient evidence of the condition the walls were in at the start of this tenancy.
The landlord has provided photos taken on 23 and 25 February 2025 which show the decals left in place, and the patched wall which was not repaired to a satisfactory standard.
The tenant accepts that she left decals on the walls at the end of the tenancy, and that she patched a wall following damage when moving out. Based on her own admissions, I am satisfied that the tenant did not leave the premises reasonably tidy, and I accept that removal of the decals is likely to have caused some damage to the paint. I do not accept that the tenant is liable for the entire cost of bringing the walls up to an “as new” standard which the work completed would have done. That is because the landlord has not demonstrated the walls were in an “as new” condition at the start of this tenancy.
Taking into account the walls were last painted in 2021, and some wear and tear is expected over the four years it has been rented out, I consider an appropriate contribution to the costs of removing the decals, repairing damage caused by the decals, and repairing the tenant’s paintwork, is $400.
The amount ordered is proved. Should the tenant reimburse the landlord’s application fee?
As the landlord has substantially succeeded with the claim the tenant must reimburse the filing fee.

Tenancy Tribunal case 5233551 — Property damage at 21 Morrell Street, Tawhero, Whanganui 4501

At a glance

Tenancy Tribunal case 5233551 — Property damage at 21 Morrell Street, Tawhero, Whanganui 4501

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions