How much money was awarded in case 5252561?

Cleaning: $734.75 awarded to landlord; Cleaning: $2,430.42 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $1,153.19 awarded to landlord; Property Damage: $100.00 awarded to landlord; Property Damage: $88.99 awarded to landlord; Property Damage: $206.00 awarded to landlord; Property Damage: $812.00 awarded to landlord; Property Damage: $204.13 awarded to landlord; Property Damage: $281.75 awarded to landlord; Remove And Dispose Of Interior Rubbi…: $288.56 awarded to landlord; Rent Arrears: $333.00 awarded to landlord; Replace Hall Carpet Due To Animal So…: $100.00 awarded to landlord

What type of tenancy dispute was case 5252561?

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

Where can I read the official tribunal order for case 5252561?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12312348-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5252561?

Cleaning: $734.75 awarded to landlord; Cleaning: $2,430.42 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $1,153.19 awarded to landlord; Property Damage: $100.00 awarded to landlord; Property Damage: $88.99 awarded to landlord; Property Damage: $206.00 awarded to landlord; Property Damage: $812.00 awarded to landlord; Property Damage: $204.13 awarded to landlord; Property Damage: $281.75 awarded to landlord; Remove And Dispose Of Interior Rubbi…: $288.56 awarded to landlord; Rent Arrears: $333.00 awarded to landlord; Replace Hall Carpet Due To Animal So…: $100.00 awarded to landlord

What type of tenancy dispute was case 5252561?

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

Where can I read the official tribunal order for case 5252561?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12312348-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5252561 — Cleanliness

Q: What was Tenancy Tribunal case 5252561 about?

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

Claims and awards in Tenancy Tribunal application 5252561 — net $5,693.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 March 2025	$333.00	Rent arrears to 11 March 2025
Lawns, garden work, and exterior rubbish removal	$1,153.19	Lawns, garden work, and exterior rubbish removal
Compensation for damaged washing machine	$100.00	Compensation for damaged washing machine
Lock/key replacement	$88.99	Lock/key replacement
Replace missing/damaged curtains and net curtains – depreciated 50	$206.00	Replace missing/damaged curtains and net curtains – depreciated 50
Carpet replacement in lounge - depreciated 50	$812.00	Carpet replacement in lounge - depreciated 50
Repair wall in lounge	$204.13	Repair wall in lounge
Remove and dispose of interior rubbish	$288.56	Remove and dispose of interior rubbish
Cleaning including oven	$2,430.42	Cleaning including oven
Repair wall in dining room	$281.75	Repair wall in dining room
Carpet cleaning	$734.75	Carpet cleaning
Replace hall carpet due to animal soiling depreciated 50	$100.00	Replace hall carpet due to animal soiling depreciated 50
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,693.79
Total payable by Tenant to Landlord	$5,693.79

Claims and awards in Tenancy Tribunal application 5252561 — net $5,693.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 11 March 2025

$333.00

Rent arrears to 11 March 2025

Lawns, garden work, and exterior rubbish removal

$1,153.19

Lawns, garden work, and exterior rubbish removal

Compensation for damaged washing machine

$100.00

Compensation for damaged washing machine

Lock/key replacement

$88.99

Lock/key replacement

Replace missing/damaged curtains and net curtains – depreciated 50

$206.00

Replace missing/damaged curtains and net curtains – depreciated 50

Carpet replacement in lounge - depreciated 50

$812.00

Carpet replacement in lounge - depreciated 50

Repair wall in lounge

$204.13

Repair wall in lounge

Remove and dispose of interior rubbish

$288.56

Remove and dispose of interior rubbish

Cleaning including oven

$2,430.42

Cleaning including oven

Repair wall in dining room

$281.75

Repair wall in dining room

Carpet cleaning

$734.75

Carpet cleaning

Replace hall carpet due to animal soiling depreciated 50

$100.00

Replace hall carpet due to animal soiling depreciated 50

Filing fee reimbursement

$27.00

Filing fee reimbursement

Net award

$5,693.79

Total payable by Tenant to Landlord

$5,693.79

Order

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

Carmel Mary Aitchison must pay [The landlord/s] $5,693.79 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $1,066.00 ([Bond number suppressed]) to [The landlord/s] immediately.

The application for loss of rent compensation is dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend.

The tenant requested an adjournment this morning. She states that she is unwell. No evidence was produced to support the adjournment application. Last week, the tenant contacted Tenancy Services to advise that she could not attend the hearing, although she had the day wrong.

In the absence of evidence establishing a valid reason for an adjournment, the hearing proceeded as scheduled.

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 11 March 2025. The landlord provided rent records which prove the amount of rent 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 (RTA).

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The claim for cleaning (which includes the heavily soiled oven) is high. The landlord’s evidence establishes that the cleaning cost was reasonably incurred for the work that was required.

The landlord had the carpets cleaned but the cleaning did not remove the strong smell of cat urine.

The tenant did not return the keys.

The amounts ordered are proved by invoices, photos, and by the evidence the landlord gave at the hearing.

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.

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: •there was damage to the dining room and lounge walls. •the carpets were soiled by cat urine. Carpet cleaning did not remove the smell and the carpets in the lounge and hallway had to be replaced. •the lounge carpet had been damaged by a leaking fish tank. Although the tenant left some replacement carpet it could not be used. •the tenant left the landlord’s washing machine outside in the weather and it is no longer useable.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I have awarded the landlord a small amount of compensation for the damaged washing machine due to its age and the fact that it has not been replaced.

The amounts ordered are proved by invoices, photos, and by the evidence the landlord gave at the hearing.

I have considered betterment and depreciation. The tenancy lasted just over 5 years and the carpets were about 9 years old at the end of the tenancy and the curtains about 5 1/2 years old. 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Loss of rent compensation

The landlord has claimed 2 weeks’ rent as loss of rent compensation because the premises took time to clean and repair ready for a new tenant.

The Tribunal only awards loss of rent compensation when the state of the premises is such that there is a significant delay before the premises can be listed for rent due to damage. Here, after a more than 5-year tenancy, the landlord would reasonably be expected to have to spend time cleaning and doing maintenance. The delay was not such that the Tribunal would compensate the landlord for it. I dismiss this part of the landlord’s application. Name suppression

The landlord sought, and is entitled to, name suppression as the application is mostly successful – see section 95A RTA.

Claims and awards in Tenancy Tribunal application 5252561 — net $5,693.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 March 2025	$333.00	Rent arrears to 11 March 2025
Lawns, garden work, and exterior rubbish removal	$1,153.19	Lawns, garden work, and exterior rubbish removal
Compensation for damaged washing machine	$100.00	Compensation for damaged washing machine
Lock/key replacement	$88.99	Lock/key replacement
Replace missing/damaged curtains and net curtains – depreciated 50	$206.00	Replace missing/damaged curtains and net curtains – depreciated 50
Carpet replacement in lounge - depreciated 50	$812.00	Carpet replacement in lounge - depreciated 50
Repair wall in lounge	$204.13	Repair wall in lounge
Remove and dispose of interior rubbish	$288.56	Remove and dispose of interior rubbish
Cleaning including oven	$2,430.42	Cleaning including oven
Repair wall in dining room	$281.75	Repair wall in dining room
Carpet cleaning	$734.75	Carpet cleaning
Replace hall carpet due to animal soiling depreciated 50	$100.00	Replace hall carpet due to animal soiling depreciated 50
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,693.79
Total payable by Tenant to Landlord	$5,693.79

Claims and awards in Tenancy Tribunal application 5252561 — net $5,693.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 11 March 2025

$333.00

Rent arrears to 11 March 2025

Lawns, garden work, and exterior rubbish removal

$1,153.19

Lawns, garden work, and exterior rubbish removal

Compensation for damaged washing machine

$100.00

Compensation for damaged washing machine

Lock/key replacement

$88.99

Lock/key replacement

Replace missing/damaged curtains and net curtains – depreciated 50

$206.00

Replace missing/damaged curtains and net curtains – depreciated 50

Carpet replacement in lounge - depreciated 50

$812.00

Carpet replacement in lounge - depreciated 50

Repair wall in lounge

$204.13

Repair wall in lounge

Remove and dispose of interior rubbish

$288.56

Remove and dispose of interior rubbish

Cleaning including oven

$2,430.42

Cleaning including oven

Repair wall in dining room

$281.75

Repair wall in dining room

Carpet cleaning

$734.75

Carpet cleaning

Replace hall carpet due to animal soiling depreciated 50

$100.00

Replace hall carpet due to animal soiling depreciated 50

Filing fee reimbursement

$27.00

Filing fee reimbursement

Net award

$5,693.79

Total payable by Tenant to Landlord

$5,693.79

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Carmel Mary Aitchison must pay [The landlord/s] $5,693.79 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,066.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The application for loss of rent compensation is dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend.
The tenant requested an adjournment this morning. She states that she is unwell. No evidence was produced to support the adjournment application. Last week, the tenant contacted Tenancy Services to advise that she could not attend the hearing, although she had the day wrong.
In the absence of evidence establishing a valid reason for an adjournment, the hearing proceeded as scheduled.
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 11 March 2025. The landlord provided rent records which prove the amount of rent 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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The claim for cleaning (which includes the heavily soiled oven) is high. The landlord’s evidence establishes that the cleaning cost was reasonably incurred for the work that was required.
The landlord had the carpets cleaned but the cleaning did not remove the strong smell of cat urine.
The tenant did not return the keys.
The amounts ordered are proved by invoices, photos, and by the evidence the landlord gave at the hearing.

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.
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: •there was damage to the dining room and lounge walls. •the carpets were soiled by cat urine. Carpet cleaning did not remove the smell and the carpets in the lounge and hallway had to be replaced. •the lounge carpet had been damaged by a leaking fish tank. Although the tenant left some replacement carpet it could not be used. •the tenant left the landlord’s washing machine outside in the weather and it is no longer useable.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have awarded the landlord a small amount of compensation for the damaged washing machine due to its age and the fact that it has not been replaced.
The amounts ordered are proved by invoices, photos, and by the evidence the landlord gave at the hearing.
I have considered betterment and depreciation. The tenancy lasted just over 5 years and the carpets were about 9 years old at the end of the tenancy and the curtains about 5 1/2 years old. 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Loss of rent compensation
The landlord has claimed 2 weeks’ rent as loss of rent compensation because the premises took time to clean and repair ready for a new tenant.
The Tribunal only awards loss of rent compensation when the state of the premises is such that there is a significant delay before the premises can be listed for rent due to damage. Here, after a more than 5-year tenancy, the landlord would reasonably be expected to have to spend time cleaning and doing maintenance. The delay was not such that the Tribunal would compensate the landlord for it. I dismiss this part of the landlord’s application. Name suppression
The landlord sought, and is entitled to, name suppression as the application is mostly successful – see section 95A RTA.

Tenancy Tribunal case 5252561 — Cleanliness

At a glance

Tenancy Tribunal case 5252561 — Cleanliness

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