What was Tenancy Tribunal case 5245323 about?

The tribunal order states: [The tenant/s] to pay M H Realty Limited - As Agent For Dianne & Paul Bailley

How much money was awarded in case 5245323?

Cleaning: $120.00 awarded to landlord; Rent Credit: $21.43 awarded to tenant

What type of tenancy dispute was case 5245323?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5245323?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12325141-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5245323 about?

The tribunal order states: [The tenant/s] to pay M H Realty Limited - As Agent For Dianne & Paul Bailley

How much money was awarded in case 5245323?

Cleaning: $120.00 awarded to landlord; Rent Credit: $21.43 awarded to tenant

What type of tenancy dispute was case 5245323?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5245323?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12325141-Tenancy_Tribunal_Order.pdf.

1 Carina Way, Whitianga, Whitianga 3510 Tenancy Tribunal Case 5245323 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 5245323 — net $98.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Carpet Cleaning	$120.00		Carpet Cleaning
Rent credit		$21.43	Rent credit
Total award	$120.00	$21.43
Net award	$98.57
Bond	$2,000.00
Total payable by Tenant to Landlord	$98.57

[The tenant/s] to pay M H Realty Limited - As Agent For Dianne & Paul Bailley $98.57 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,000.00 (6213278-008) immediately apportioned as follows: M H Realty Limited - As Agent For Dianne & Paul Bailley: $98.57 [The tenant/s]: $1,901.43

Reasons

Both parties attended the hearing which was held by video conference.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenancy began on 6 November and ended on 28 March 2025, which means the tenancy lasted a little over 4 years and 4 months. At the end of the tenancy there was a rent overpayment of $21.43.

The landlord is claiming $120.00 for carpet cleaning. The tenant does not dispute this claim and says that prior to today’s hearing that had been communicated to the landlord. The landlord accepts this.

This claim and amount is proved and ordered by consent.

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.

I must take into account 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

The landlord claims that a blind in the master bedroom was damaged by the tenant. The landlord got a report on the blind from Guthrie Bowron who said the fabric was creased and frayed and had been repaired using duct tape. The start of tenancy inspection notes that the blind had insects rolled up into it and had marks on it not cleaned by the previous tenant.

The landlord estimates the blind was seven to eight years old at the start of the tenancy, meaning it was eleven to twelve years old at the end of the tenancy. The tenant believes it was probably as old as the house which she estimates was built around the year 2000.

The IRD265 Depreciation Schedule estimates the useful life of blinds in a residential tenancy to be 8 years. This means that the full cost of a blinds is depreciated to $0.00 over eight years.

If I were to determine that the blinds had been damaged by careless use rather than fair wear and tear, any award to the landlord for this claim would still amount to betterment given the residual value of the blinds.

Given the age of the blinds, the nature of the damage and the condition of the blind at the start of the tenancy, I do not in any case find the damage exceeds fair wear and tear.

This claim is not proved.

The tenant objects to the landlord’s claim for reimbursement of the filing fee because she says the only reasonable claim of the landlord, the claim for carpet cleaning, was effectively settled prior to this hearing.

I accept this submission has merit.

Because M H Realty Limited - As Agent For Dianne & Paul Bailley has not succeeded with any disputed claim, I decline to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5245323 — net $98.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Carpet Cleaning	$120.00		Carpet Cleaning
Rent credit		$21.43	Rent credit
Total award	$120.00	$21.43
Net award	$98.57
Bond	$2,000.00
Total payable by Tenant to Landlord	$98.57

Order

[The tenant/s] to pay M H Realty Limited - As Agent For Dianne & Paul Bailley $98.57 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (6213278-008) immediately apportioned as follows: M H Realty Limited - As Agent For Dianne & Paul Bailley: $98.57 [The tenant/s]: $1,901.43

Reasons

Both parties attended the hearing which was held by video conference.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy began on 6 November and ended on 28 March 2025, which means the tenancy lasted a little over 4 years and 4 months. At the end of the tenancy there was a rent overpayment of $21.43.
The landlord is claiming $120.00 for carpet cleaning. The tenant does not dispute this claim and says that prior to today’s hearing that had been communicated to the landlord. The landlord accepts this.
This claim and amount is proved and ordered by consent.

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.
I must take into account 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The landlord claims that a blind in the master bedroom was damaged by the tenant. The landlord got a report on the blind from Guthrie Bowron who said the fabric was creased and frayed and had been repaired using duct tape. The start of tenancy inspection notes that the blind had insects rolled up into it and had marks on it not cleaned by the previous tenant.
The landlord estimates the blind was seven to eight years old at the start of the tenancy, meaning it was eleven to twelve years old at the end of the tenancy. The tenant believes it was probably as old as the house which she estimates was built around the year 2000.
The IRD265 Depreciation Schedule estimates the useful life of blinds in a residential tenancy to be 8 years. This means that the full cost of a blinds is depreciated to $0.00 over eight years.
If I were to determine that the blinds had been damaged by careless use rather than fair wear and tear, any award to the landlord for this claim would still amount to betterment given the residual value of the blinds.
Given the age of the blinds, the nature of the damage and the condition of the blind at the start of the tenancy, I do not in any case find the damage exceeds fair wear and tear.
This claim is not proved.
The tenant objects to the landlord’s claim for reimbursement of the filing fee because she says the only reasonable claim of the landlord, the claim for carpet cleaning, was effectively settled prior to this hearing.
I accept this submission has merit.
Because M H Realty Limited - As Agent For Dianne & Paul Bailley has not succeeded with any disputed claim, I decline to reimburse the filing fee.

Tenancy Tribunal case 5245323 — Cleanliness at 1 Carina Way, Whitianga, Whitianga 3510

At a glance

Tenancy Tribunal case 5245323 — Cleanliness at 1 Carina Way, Whitianga, Whitianga 3510

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions