What was Tenancy Tribunal case 5258226 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 5258226?

Cleaning: $276.00 awarded to landlord; Cleaning: $1,725.00 awarded to landlord; Curtains: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Labour: 3 Hours Plus GST: $207.00 awarded to landlord; Lightbulbs: $60.95 awarded to landlord; Painting Incl Labour: $100.00 awarded to landlord; Previous Order Application 5001350 D…: $9,824.14 awarded to landlord; Property Damage: $586.00 awarded to landlord; Doors, Handles And Hinges: $307.05 awarded to landlord; Window: $537.71 awarded to landlord; Rubbish Removal: $1,196.00 awarded to landlord

What type of tenancy dispute was case 5258226?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5258226?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12161178-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5258226 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 5258226?

Cleaning: $276.00 awarded to landlord; Cleaning: $1,725.00 awarded to landlord; Curtains: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Labour: 3 Hours Plus GST: $207.00 awarded to landlord; Lightbulbs: $60.95 awarded to landlord; Painting Incl Labour: $100.00 awarded to landlord; Previous Order Application 5001350 D…: $9,824.14 awarded to landlord; Property Damage: $586.00 awarded to landlord; Doors, Handles And Hinges: $307.05 awarded to landlord; Window: $537.71 awarded to landlord; Rubbish Removal: $1,196.00 awarded to landlord

What type of tenancy dispute was case 5258226?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5258226?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12161178-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5258226 — Cleanliness

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5258226 — net $14,946.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5001350 dated 20/12/2025	$9,824.14	Previous order application 5001350 dated 20/12/2025
Carpet Cleaning	$276.00	Carpet Cleaning
Cleaning	$1,725.00	Cleaning
Lock/key replacement	$586.00	Lock/key replacement
Rubbish removal	$1,196.00	Rubbish removal
Repairs: window	$537.71	Repairs: window
Repairs: Doors, handles and hinges	$307.05	Repairs: Doors, handles and hinges
Replacement lampshades, lightbulbs and door stops	$60.95	Replacement lampshades, lightbulbs and door stops
Curtains	$100.00	Curtains
Painting incl labour	$100.00	Painting incl labour
Labour: 3 hours plus GST	$207.00	Labour: 3 hours plus GST
Filing fee	$27.00	Filing fee
Net award	$14,946.85
Total payable by Tenant to Landlord	$14,946.85

The landlord attended the hearing, represented by Ms Parry and Mr Burger. There was no appearance for the tenant.

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

In fact, on 20 December 2024 an order had been made for termination and rent arrears.

The present application was filed more than two months after the end of the tenancy. (See section 91A of the Residential Tenancies Act 1986) The tenant’s current address is unknown. An email address was provided on the tenancy agreement, which started on 22 June 2022. This was not provided as an email address for service.

The application had been sent to this gmail address and also to another yahoo email address. The landlord provided evidence of correspondence with the tenant at the gmail address on 1 September 2023. That is within 2 years of the date of the application being filed and so the requirements of section 91A(2)(f) have been fulfilled and service has been effected.

The onus is on the landlord to establish their claims. The standard of proof is on the balance of probabilities.

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. See section 40(1)(e) Residential Tenancies Act 1986.

The landlord said that the tenant had abandoned the premises, had done no cleaning and had left rubbish. The photos show a significant amount of items were abandoned in the cupboards and pantry. There was a mattress left behind. Outside were a number of items including children’s toys, and a clothes airing rack. The garage and shed were full of rubbish and other items such as a barbecue, and another mattress. I am satisfied that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The photos showed a stain on the carpet in one room. The landlord said that there were other stains and that the house smelt because the tenant had kept a dog. In those circumstances, I accept that the carpets required cleaning.

The tenant did not return the keys to the house or garage.

The landlord provided invoices for the cleaning, carpet cleaning, rubbish removal and lock replacement. 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.

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 compensation for the following damage: Window

The landlord provided a photograph showing a broken window in one bedroom, and an invoice for the repair. According to the entry inspection report, the window in that bedroom was in good condition at the start of the tenancy. The amount ordered is proved. Other repairs

The landlord sought reimbursement of an invoice for $1,651.40, including GST for repairs which covered a number of items (exclusive of GST): Door stops 4 @ $6.00 24.00 Paint 184.00 Timber 48.00 Handles 8 @ $20.00 160.00 Doors 7 @ $60.00 420.00 Hinges 24@ $3.00 72.00 Consumables 90.00 Light bulbs 3 @ $3.00 9.00 Lamp shade 4 @ $5.00 20.00 Curtains 1 @109.00109.00 Labour5 @$60.00300.00

The door stops, light bulbs and lamp shades were missing at the end of the tenancy. The amounts claimed are ordered. That is $53.00 plus GST, which is $60.95.

A number of curtains had been taken down, but remained at the premises. One curtain had been ripped. Ms Parry advised that before the tenancy had commenced, the inside of the premises had been fully painted, apart from the hallway, and new drapes had been installed. The $109 plus GST is for one replacement set of curtains. There was no receipt for the curtains, showing the amount including or excluding GST. Rather, it is simply shown as part of the invoice from Busy Bee Cleaning, with no separate invoice or receipt for the item.

Based on the photographs and inspection reports provided, I am satisfied that the curtain was damaged and required replacement. I have applied a small amount of depreciation, given the curtain was two years old. The sum of $100 including GST is ordered.

The photos showed attempts to patch damage to a hallway door and two bedroom doors. The landlord replaced all doors so that they matched. I order $180 plus GST for replacement of three doors, $60 plus GST for three handles and $27 plus GST for 9 hinges, which comes to $307.05 including GST.

The property manager said some painting was needed in some rooms. Some LED strip lighting had been put on the wall of one room and so the paint stripped off when it was removed. The exit report also referred to some damage in another room.

No receipt was provided for the paint or consumables. The landlord has not established that $184.00 worth of paint was required for repairs.

The property managers were unable to adequately explain the cost of the wood, paint or consumables.

I order a total of $100 including GST for the painting and labour.

A further three hours labour is ordered for hanging the doors and curtains.

The amounts ordered are proved.

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.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

The landlord is reminded to provide fully itemised accounts and receipts for all expenditure and descriptions of the work required.

Reasons

Claims and awards in Tenancy Tribunal application 5258226 — net $14,946.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5001350 dated 20/12/2025	$9,824.14	Previous order application 5001350 dated 20/12/2025
Carpet Cleaning	$276.00	Carpet Cleaning
Cleaning	$1,725.00	Cleaning
Lock/key replacement	$586.00	Lock/key replacement
Rubbish removal	$1,196.00	Rubbish removal
Repairs: window	$537.71	Repairs: window
Repairs: Doors, handles and hinges	$307.05	Repairs: Doors, handles and hinges
Replacement lampshades, lightbulbs and door stops	$60.95	Replacement lampshades, lightbulbs and door stops
Curtains	$100.00	Curtains
Painting incl labour	$100.00	Painting incl labour
Labour: 3 hours plus GST	$207.00	Labour: 3 hours plus GST
Filing fee	$27.00	Filing fee
Net award	$14,946.85
Total payable by Tenant to Landlord	$14,946.85

The landlord attended the hearing, represented by Ms Parry and Mr Burger. There was no appearance for the tenant.

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

In fact, on 20 December 2024 an order had been made for termination and rent arrears.

The onus is on the landlord to establish their claims. The standard of proof is on the balance of probabilities.

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. See section 40(1)(e) Residential Tenancies Act 1986.

The tenant did not return the keys to the house or garage.

The landlord provided invoices for the cleaning, carpet cleaning, rubbish removal and lock replacement. The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for the following damage: Window

The door stops, light bulbs and lamp shades were missing at the end of the tenancy. The amounts claimed are ordered. That is $53.00 plus GST, which is $60.95.

No receipt was provided for the paint or consumables. The landlord has not established that $184.00 worth of paint was required for repairs.

The property managers were unable to adequately explain the cost of the wood, paint or consumables.

I order a total of $100 including GST for the painting and labour.

A further three hours labour is ordered for hanging the doors and curtains.

The amounts ordered are proved.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

The landlord is reminded to provide fully itemised accounts and receipts for all expenditure and descriptions of the work required.

Tenancy Tribunal case 5258226 — Cleanliness

At a glance

Tenancy Tribunal case 5258226 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

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

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