What was the outcome of Tenancy Tribunal case 5260602?

The tribunal order states: Jodie Bowdler must pay Jdl Premier Asset Management Limited As Agent For

How much money was awarded in case 5260602?

Cleaning: $747.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $340.00 awarded to landlord; Property Damage: $239.76 awarded to landlord

What type of tenancy dispute was case 5260602?

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

Where can I read the official tribunal order for case 5260602?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12087069-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5260602?

The tribunal order states: Jodie Bowdler must pay Jdl Premier Asset Management Limited As Agent For

How much money was awarded in case 5260602?

Cleaning: $747.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $340.00 awarded to landlord; Property Damage: $239.76 awarded to landlord

What type of tenancy dispute was case 5260602?

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

Where can I read the official tribunal order for case 5260602?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12087069-Tenancy_Tribunal_Order.pdf.

27 Glenfern Road, Mellons Bay, Auckland 2014 Tenancy Tribunal Case 5260602 — Cleanliness

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Reasons

Claims and awards in Tenancy Tribunal application 5260602 — net $1,754.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11.3.2025	$340.00	Rent arrears to 11.3.2025
Window repairs: part payment of total cost	$239.76	Window repairs: part payment of total cost
Cleaning	$747.50	Cleaning
Replace damaged wallpaper	$400.00	Replace damaged wallpaper
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,754.26
Total payable by Tenant to Landlord	$1,754.26

Ms Schoeman, representing the landlord, attended the teleconference hearing. The phone number for the tenant, the last three digits being 823, was called twice, without any response. As the tenant was served, the hearing proceeded in her absence.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. During the hearing the landlord withdrew the claim for refund of the bond, as the bond had already been refunded to the landlord in full.

The landlord itemised the costs that were covered by the full bond of $3,120.00 refunded to them. From this itemisation, I am satisfied that the only relevant claim in this application to what was covered from the bond, is that $137.71 from the cost of reglazing the windows, which had a total cost of $377.47 according to the landlord, was covered by the bond. The balance of the window reglazing cost is claimed by the landlord as per the below claim.

How much is owed for rent?

The tenancy ended on 11 March 2025. The landlord provided rent records which prove the amount owing on 11 March 2025, the end of the tenancy, which is $340.00.

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 landlord said the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord already dealt with rubbish removal as part of what the bond covered. However, the landlord claimed the cost of cleaning here, which they said was $747.50.

The landlord provided photographs of the condition of the property at the end of the tenancy, and invoices in relation to their claims. The photographs provided showed many dirty areas around the property, including a dirty oven and stove, untidy and dirty kitchen, cupboards and drawers, a dirty toilet, bathroom and walls. From the photographs provided, I am satisfied that the tenant did not leave the property reasonably clean and tidy at the end of the tenancy. I find the cost claimed by the landlord for cleaning to be reasonable, given the extent of the cleaning required from the evidence. I award the landlord $747.50 for cleaning at the end of the tenancy.

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 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 following damage was caused during the tenancy: Broken windows a. The landlord said that 4 small windows in the lounge were broken and had to be reglazed. The landlord said the total cost of reglazing these windows was $377.47 but that $137.71 of that had been covered from the bond, and so they claimed the remaining $239.76 of this reglazing cost. The landlord provided photographs of the broken windows, which were partly boarded up in the photographs. I find the landlord has proved the tenant broke the windows and that the cost claimed to repair the windows was reasonable. Therefore, I award the landlord $239.76 as the balance of the cost to reglaze the 4 broken windows in the lounge. Damaged wallpaper b. The landlord said that the tenant had damaged the wallpaper on 2 or 3 walls in the lounge. The landlord provided photographs of the damage, which showed stripped off wallpaper on the walls in several places, some with large patches stripped off. The landlord said they happened to have spare rolls of the same wallpaper that had been originally used and so were only claiming for the labour cost of replacing the wallpaper, which was $400.00. The landlord provided an invoice for this labour, which showed it took 5 hours @ $80/hour to replace the wallpaper, which I find to be reasonable. Therefore, I award the landlord $400.00 to replace damaged wallpaper in the lounge at the end of the tenancy. c. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Filing fee

As the landlord has been successful with the claim, I must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5260602 — net $1,754.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11.3.2025	$340.00	Rent arrears to 11.3.2025
Window repairs: part payment of total cost	$239.76	Window repairs: part payment of total cost
Cleaning	$747.50	Cleaning
Replace damaged wallpaper	$400.00	Replace damaged wallpaper
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,754.26
Total payable by Tenant to Landlord	$1,754.26

How much is owed for rent?

The tenancy ended on 11 March 2025. The landlord provided rent records which prove the amount owing on 11 March 2025, the end of the tenancy, which is $340.00.

Did the tenant comply with their obligations at the end of the tenancy?

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved. Filing fee

As the landlord has been successful with the claim, I must reimburse the filing fee.

Tenancy Tribunal case 5260602 — Cleanliness at 27 Glenfern Road, Mellons Bay, Auckland 2014

At a glance

Tenancy Tribunal case 5260602 — Cleanliness at 27 Glenfern Road, Mellons Bay, Auckland 2014

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

Property management

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

Property management

Frequently asked questions