What was Tenancy Tribunal case 5249271 about?

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

How much money was awarded in case 5249271?

Cleaning: $1,000.00 awarded to landlord; Rent Arrears: $0.57 awarded to landlord

What type of tenancy dispute was case 5249271?

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

Where can I read the official tribunal order for case 5249271?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12137468-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5249271 about?

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

How much money was awarded in case 5249271?

Cleaning: $1,000.00 awarded to landlord; Rent Arrears: $0.57 awarded to landlord

What type of tenancy dispute was case 5249271?

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

Where can I read the official tribunal order for case 5249271?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12137468-Tribunal_Order_Redacted.pdf.

1325 East Coast Road, Redvale, RD 4, Auckland 0794 Tenancy Tribunal Case 5249271 — Cleanliness

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1325 East Coast Road, Redvale, RD 4, Auckland 0794 Tenancy Tribunal Case 5249271 — 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 5249271 — net $1,000.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 March 2025	$0.57	Rent arrears to 5 March 2025
Carpet Cleaning	$1,000.00	Carpet Cleaning
Net award	$1,000.57
Bond	$4,800.00
Total payable by Tenant to Landlord	$1,000.57

Claims and awards for application 5249271 — net $1,000.57 NZD. Verify on MoJ.

Rent arrears to 5 March 2025

Amount: $0.57
Awarded to: Landlord
Reason: Rent arrears to 5 March 2025

Carpet Cleaning

Amount: $1,000.00
Awarded to: Landlord
Reason: Carpet Cleaning

Net award

Landlord $1,000.57

Bond

Landlord $4,800.00

Total payable by Tenant to Landlord

Landlord $1,000.57

Claim types — money lines allowed on this order

Carpet Cleaning Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
[The tenant/s] to pay Barfoot & Thompson Limited As Agent Min Li $1,000.57 from the bond, as calculated in the table below:
The Bond Centre is to pay the bond of $4,800.00 ([Bond number suppressed]) immediately apportioned as follows: Barfoot & Thompson Limited As Agent Min Li: $1,000.57 [The tenant/s]: $3,799.43

Reasons

Both parties attended the hearing.
The tenant has made an application seeking refund of the bond and reimbursement of the filing fee.
The landlord has made a cross application 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 5 March 2025. The landlord provided rent records which prove the amount owing of $0.57 at the end of the tenancy.
This amount is proved.

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 (RTA).
The landlord claims for the invoiced cost of $1,466.25 to clean and remove stains to the carpet and has provided photographs in support of the claim. The invoice includes a pet urine treatment.
The tenant says they were never given an opportunity to return to the property to clean the carpet, that the carpet was clean and that the cost being charged appeared excessive. They also dispute any allegations about pet urine at the property.
On review of the evidence, I consider that some of the carpet staining was likely caused by the tenant during the tenancy. However, I have reduced the amount ordered to $1,000.00 as some level of fair wear and tear was expected to the carpet during this tenancy. In addition, the invoiced amount was for all the carpet (not just areas of staining), and it is unlikely that all the carpet required professional cleaning to reach the standard of reasonably clean and tidy.
The amount ordered is 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 occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 landlord claims for damage to the bathroom flooring claiming the invoiced amount of $1,046.50 for floor repairs required as a result of damage caused during the tenancy. They have provided photographs in support of this claim. They say it was caused by the bathroom mat being left on the bathroom floor.
The tenant disputes this claim. They say they were only using the bathroom in the usual way, and the flooring was not waterproof or fit for purpose. Professional advice obtained by the tenant confirms that the floor sealer coat had warn well past the point of failure and the floor surface was no longer watertight. As a result, they say the resultant damage was caused by a lack of maintenance not by any actions of the tenant.
On review of the evidence, I consider that this damage was not caused carelessly or intentionally by the tenant. The photographs show that the floor appears to only be a wood type product. In my view, it is more likely than not, that the damage has been caused by the flooring not being sufficiently watertight and not fit for purpose.
This claim is dismissed.
As both parties have had some level of success, I have not reimbursed the filing fee to either party. These costs should lie where they fall. R Harvey-Lane 18 July 2025

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 5249271 — net $1,000.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 March 2025	$0.57	Rent arrears to 5 March 2025
Carpet Cleaning	$1,000.00	Carpet Cleaning
Net award	$1,000.57
Bond	$4,800.00
Total payable by Tenant to Landlord	$1,000.57

Claims and awards for application 5249271 — net $1,000.57 NZD. Verify on MoJ.

Rent arrears to 5 March 2025

Amount: $0.57
Awarded to: Landlord
Reason: Rent arrears to 5 March 2025

Carpet Cleaning

Amount: $1,000.00
Awarded to: Landlord
Reason: Carpet Cleaning

Net award

Landlord $1,000.57

Bond

Landlord $4,800.00

Total payable by Tenant to Landlord

Landlord $1,000.57

Claim types — money lines allowed on this order

Carpet Cleaning Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
[The tenant/s] to pay Barfoot & Thompson Limited As Agent Min Li $1,000.57 from the bond, as calculated in the table below:
The Bond Centre is to pay the bond of $4,800.00 ([Bond number suppressed]) immediately apportioned as follows: Barfoot & Thompson Limited As Agent Min Li: $1,000.57 [The tenant/s]: $3,799.43

Reasons

Both parties attended the hearing.
The tenant has made an application seeking refund of the bond and reimbursement of the filing fee.
The landlord has made a cross application 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 5 March 2025. The landlord provided rent records which prove the amount owing of $0.57 at the end of the tenancy.
This amount is proved.

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 (RTA).
The landlord claims for the invoiced cost of $1,466.25 to clean and remove stains to the carpet and has provided photographs in support of the claim. The invoice includes a pet urine treatment.
The tenant says they were never given an opportunity to return to the property to clean the carpet, that the carpet was clean and that the cost being charged appeared excessive. They also dispute any allegations about pet urine at the property.
On review of the evidence, I consider that some of the carpet staining was likely caused by the tenant during the tenancy. However, I have reduced the amount ordered to $1,000.00 as some level of fair wear and tear was expected to the carpet during this tenancy. In addition, the invoiced amount was for all the carpet (not just areas of staining), and it is unlikely that all the carpet required professional cleaning to reach the standard of reasonably clean and tidy.
The amount ordered is 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 occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 landlord claims for damage to the bathroom flooring claiming the invoiced amount of $1,046.50 for floor repairs required as a result of damage caused during the tenancy. They have provided photographs in support of this claim. They say it was caused by the bathroom mat being left on the bathroom floor.
The tenant disputes this claim. They say they were only using the bathroom in the usual way, and the flooring was not waterproof or fit for purpose. Professional advice obtained by the tenant confirms that the floor sealer coat had warn well past the point of failure and the floor surface was no longer watertight. As a result, they say the resultant damage was caused by a lack of maintenance not by any actions of the tenant.
On review of the evidence, I consider that this damage was not caused carelessly or intentionally by the tenant. The photographs show that the floor appears to only be a wood type product. In my view, it is more likely than not, that the damage has been caused by the flooring not being sufficiently watertight and not fit for purpose.
This claim is dismissed.
As both parties have had some level of success, I have not reimbursed the filing fee to either party. These costs should lie where they fall. R Harvey-Lane 18 July 2025

Tenancy Tribunal case 5249271 — Cleanliness at 1325 East Coast Road, Redvale, RD 4, Auckland 0794

At a glance

Tenancy Tribunal case 5249271 — Cleanliness at 1325 East Coast Road, Redvale, RD 4, Auckland 0794

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

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions