How much money was awarded in case 5252579?

Cleaning: $450.00 awarded to landlord; Cleaning: $1,464.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $767.86 awarded to landlord; Holes In Door And Wall: $437.00 awarded to landlord; Shower Head: $135.51 awarded to landlord; Rubbish Removal: $1,196.00 awarded to landlord

What type of tenancy dispute was case 5252579?

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

Where can I read the official tribunal order for case 5252579?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12409883-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5252579?

Cleaning: $450.00 awarded to landlord; Cleaning: $1,464.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $767.86 awarded to landlord; Holes In Door And Wall: $437.00 awarded to landlord; Shower Head: $135.51 awarded to landlord; Rubbish Removal: $1,196.00 awarded to landlord

What type of tenancy dispute was case 5252579?

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

Where can I read the official tribunal order for case 5252579?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12409883-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5252579 — Cleanliness

Q: What was Tenancy Tribunal case 5252579 about?

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

Order

Claims and awards in Tenancy Tribunal application 5252579 — net $4,478.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 March 2025	$767.86	Rent arrears to 10 March 2025
Carpet and lino cleaning	$450.00	Carpet and lino cleaning
Full house clean	$1,464.75	Full house clean
Repairs: Holes in door and wall	$437.00	Repairs: Holes in door and wall
Repairs: Shower head	$135.51	Repairs: Shower head
Rubbish removal	$1,196.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,478.12
Total payable by Tenant to Landlord	$4,478.12

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

Jade Rose Evans, Rylee Cadria Billington, James Dean Wright-Sutton, Ihaka Paul Rademakers-Hyslop and Shelby Taylor Thorne must pay [The landlord/s] $4,478.12 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, conducted via teleconference. Calls to the tenants went unanswered and/or to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.

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

This tenancy formed in November 2024. The occupancy of the tenants predated this via an earlier tenancy agreement. The new tenancy agreement noted the premises as being free from rubbish and in a reasonably clean and tidy condition.

This tenancy ended after a prior conditional termination order (TT5116688), and the failure of the tenants to adhere to the terms.

How much is owed for rent?

The tenancy ended on 10 March 2025 after the last tenants moved out and notified the landlord of this. The landlord provided rent records which prove the amount owing at the end of the tenancy was $767.86.

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 carpets and lino required professional cleaning.

The landlord provided photos to establish the significant need, and invoices to evidence the costs. Based on these, the costs appear reasonable and are awarded.

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.

“Fair wear” is deterioration caused by the reasonable use of the premises. “Fair tear” is deterioration caused by the ordinary operation of the forces of nature. Importantly, intentional or careless damage are not fair wear and tear.

The shower head was broken. It was left in the shower but fell out when the landlord conducted a test of the shower after possession returned. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord provided a photo and plumbers invoice in support of the claim. The invoice records other tasks completed (at the landlord’s expense).

I have taken 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 have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. In this instance, the age of the shower head is uncertain and I have determined 50% of the replacement cost to be a reasonable tenant cost. I have also allowed $55.00 for labour, meaning $135.51 is awarded for the replacement of the shower head. Filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression

The suppression of landlord details as ordered in the 18 February 2025 order is maintained here to preserve the current suppression.

Claims and awards in Tenancy Tribunal application 5252579 — net $4,478.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 March 2025	$767.86	Rent arrears to 10 March 2025
Carpet and lino cleaning	$450.00	Carpet and lino cleaning
Full house clean	$1,464.75	Full house clean
Repairs: Holes in door and wall	$437.00	Repairs: Holes in door and wall
Repairs: Shower head	$135.51	Repairs: Shower head
Rubbish removal	$1,196.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,478.12
Total payable by Tenant to Landlord	$4,478.12

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Jade Rose Evans, Rylee Cadria Billington, James Dean Wright-Sutton, Ihaka Paul Rademakers-Hyslop and Shelby Taylor Thorne must pay [The landlord/s] $4,478.12 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, conducted via teleconference. Calls to the tenants went unanswered and/or to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
This tenancy formed in November 2024. The occupancy of the tenants predated this via an earlier tenancy agreement. The new tenancy agreement noted the premises as being free from rubbish and in a reasonably clean and tidy condition.
This tenancy ended after a prior conditional termination order (TT5116688), and the failure of the tenants to adhere to the terms.

How much is owed for rent?

The tenancy ended on 10 March 2025 after the last tenants moved out and notified the landlord of this. The landlord provided rent records which prove the amount owing at the end of the tenancy was $767.86.

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 carpets and lino required professional cleaning.
The landlord provided photos to establish the significant need, and invoices to evidence the costs. Based on these, the costs appear reasonable and are awarded.

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.
“Fair wear” is deterioration caused by the reasonable use of the premises. “Fair tear” is deterioration caused by the ordinary operation of the forces of nature. Importantly, intentional or careless damage are not fair wear and tear.
The shower head was broken. It was left in the shower but fell out when the landlord conducted a test of the shower after possession returned. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided a photo and plumbers invoice in support of the claim. The invoice records other tasks completed (at the landlord’s expense).
I have taken 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 have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. In this instance, the age of the shower head is uncertain and I have determined 50% of the replacement cost to be a reasonable tenant cost. I have also allowed $55.00 for labour, meaning $135.51 is awarded for the replacement of the shower head. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
The suppression of landlord details as ordered in the 18 February 2025 order is maintained here to preserve the current suppression.

Tenancy Tribunal case 5252579 — Cleanliness

At a glance

Tenancy Tribunal case 5252579 — 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