What was Tenancy Tribunal case 5234953 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Goode Leith Realty Limited As Agent For

How much money was awarded in case 5234953?

Cleaning: $320.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $200.00 awarded to landlord; Replace Lounge Carpet: $1,275.00 awarded to landlord; Rubbish Removal: $3,780.84 awarded to landlord

What type of tenancy dispute was case 5234953?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5234953?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12299745-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5234953 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Goode Leith Realty Limited As Agent For

How much money was awarded in case 5234953?

Cleaning: $320.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $200.00 awarded to landlord; Replace Lounge Carpet: $1,275.00 awarded to landlord; Rubbish Removal: $3,780.84 awarded to landlord

What type of tenancy dispute was case 5234953?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5234953?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12299745-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 2015 Ngunguru Road, Ngunguru, Whangarei Tenancy Tribunal Case 5234953 — Cleanliness

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Unit/Flat 3, 2015 Ngunguru Road, Ngunguru, Whangarei Tenancy Tribunal Case 5234953 — Cleanliness | 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 5234953 — net $4,202.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs to walls - lounge, bathroom, toilet and bedroom and rubbish removal	$3,780.84	Repairs to walls - lounge, bathroom, toilet and bedroom and rubbish removal
Rent arrears to 14/5/2025	$200.00	Rent arrears to 14/5/2025
Replace lounge carpet	$1,275.00	Replace lounge carpet
Cleaning	$320.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,202.84
Total payable by Tenant to Landlord	$4,202.84

Claims and awards for application 5234953 — net $4,202.84 NZD. Verify on MoJ.

Repairs to walls - lounge, bathroom, toilet and bedroom and rubbish removal

Amount: $3,780.84
Awarded to: Landlord
Reason: Repairs to walls - lounge, bathroom, toilet and bedroom and rubbish removal

Rent arrears to 14/5/2025

Amount: $200.00
Awarded to: Landlord
Reason: Rent arrears to 14/5/2025

Replace lounge carpet

Amount: $1,275.00
Awarded to: Landlord
Reason: Replace lounge carpet

Cleaning

Amount: $320.00
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Goode Leith Realty Limited As Agent For David John Simpkins $4,202.84 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing. Mr Singh did not join the video meeting and could not be contacted by telephone.
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 ended on 14/5/2025. The landlord provided rent records and 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 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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
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: several walls had large holes and the lounge carpet was so extensively damaged it needed to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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. In calculating depreciation, I have taken into account the age and condition of the carpet at the start of the tenancy and its likely useful lifespan.
The application is successful, so the landlord is entitled to reimbursement of the filing fee.

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 5234953 — net $4,202.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs to walls - lounge, bathroom, toilet and bedroom and rubbish removal	$3,780.84	Repairs to walls - lounge, bathroom, toilet and bedroom and rubbish removal
Rent arrears to 14/5/2025	$200.00	Rent arrears to 14/5/2025
Replace lounge carpet	$1,275.00	Replace lounge carpet
Cleaning	$320.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,202.84
Total payable by Tenant to Landlord	$4,202.84

Claims and awards for application 5234953 — net $4,202.84 NZD. Verify on MoJ.

Repairs to walls - lounge, bathroom, toilet and bedroom and rubbish removal

Amount: $3,780.84
Awarded to: Landlord
Reason: Repairs to walls - lounge, bathroom, toilet and bedroom and rubbish removal

Rent arrears to 14/5/2025

Amount: $200.00
Awarded to: Landlord
Reason: Rent arrears to 14/5/2025

Replace lounge carpet

Amount: $1,275.00
Awarded to: Landlord
Reason: Replace lounge carpet

Cleaning

Amount: $320.00
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Goode Leith Realty Limited As Agent For David John Simpkins $4,202.84 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing. Mr Singh did not join the video meeting and could not be contacted by telephone.
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 ended on 14/5/2025. The landlord provided rent records and 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 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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
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: several walls had large holes and the lounge carpet was so extensively damaged it needed to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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. In calculating depreciation, I have taken into account the age and condition of the carpet at the start of the tenancy and its likely useful lifespan.
The application is successful, so the landlord is entitled to reimbursement of the filing fee.

Tenancy Tribunal case 5234953 — Cleanliness at Unit/Flat 3, 2015 Ngunguru Road, Ngunguru, Whangarei

At a glance

Tenancy Tribunal case 5234953 — Cleanliness at Unit/Flat 3, 2015 Ngunguru Road, Ngunguru, Whangarei

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.