How much money was awarded in case 5260702?

Balance Of Previous Order Applicatio…: $3,010.71 awarded to landlord; Cleaning: $241.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $419.75 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord

What type of tenancy dispute was case 5260702?

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

Where can I read the official tribunal order for case 5260702?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12466541-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5260702?

Balance Of Previous Order Applicatio…: $3,010.71 awarded to landlord; Cleaning: $241.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $419.75 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord

What type of tenancy dispute was case 5260702?

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

Where can I read the official tribunal order for case 5260702?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12466541-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5260702 — Property damage

Q: What was Tenancy Tribunal case 5260702 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5260702 — net $4,158.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Balance of previous order application 5260702 dated 05/08/2025	$3,010.71	Balance of previous order application 5260702 dated 05/08/2025
Rubbish removal	$460.00	evidence. The landlord has proven its claim and the tenants are ordered to pay $460.00.
Cleaning: Curtain	$241.50	Cleaning: Curtain
Window repairs	$419.75	nant has not disproved liability for the damage. The tenants are ordered to pay $419.75.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,158.96
Total payable by Tenant to Landlord	$4,158.96

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

George Paulsen Paulsen, Wade Matthew Sears and Shannon Tim Wiki must pay [The landlord/s] $4,158.96 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 5 August 2025 under this application number.

Reasons

The landlord attended the video hearing.

The tenants George Paulson and Wade Sears attended the hearing. The tenant Shannon Wiki did not attend the hearing. A telephone call was made to Shannon Wiki on the number provided at the allocated hearing time. There was no response to the call. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to Shannon Wiki.

This matter was part heard by the Tribunal on 5 August 2025. The hearing was adjourned for consideration of the landlord’s compensation claims.

The landlord has applied for compensation and reimbursement of the filing fee following 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986

The landlord says that the premises were not left reasonably clean and tidy. Both parties provided photos of the premises at the end of the tenancy. The landlord provided an invoice for $300.00 for cleaning.

In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.

The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable; not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.

The cleaning charged for is the only cleaning carried out at the premises between the end of this tenancy and the commencement of a new tenancy. The Tribunal generally considers that the standard of cleanliness required at the commencement of a new tenancy is higher than that of a tenant at the expiry of a tenancy. The tenants were required to leave premises reasonably clean and tidy. Having reviewed the photos and considered the evidence, I find that the premises were left reasonably clean and tidy and the claim for cleaning is dismissed.

The landlord seeks compensation for rubbish removal. The landlord provided photos of the rubbish and an invoice for $460.00. The tenant said that the rubbish belonged to previous tenants, but was unable to provide any support in evidence. The landlord has proven its claim and the tenants are ordered to pay $460.00.

The landlord says that the curtains were not cleaned. The landlord provided photos of the curtains and an invoice for $241.50. The photos provided show that the curtains had been in a reasonable condition at these commencement of the tenancy, but that they were not reasonably clean and tidy in the photos provided from the end of the tenancy. The landlord’s claim is proven and the tenants are ordered to pay $241.50 to the landlord.

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. The landlord is insured. The landlord’s policy of insurance carries an excess of $650.00 on each and every claim.

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 said that two windows were damaged during the tenancy. The landlord provided photos of the windows and an invoice for repairs of $419.75.

The tenants said that they had not been aware of the damage and suggested that it may have occurred after the tenancy had ended. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenants are ordered to pay $419.75.

On 5 August 2025 the Tribunal made an order relating to this tenancy, for rent arrears to 21 June 2025 and release of the bond. This left a balance owing by the tenants of $3,010.71. The previous order is incorporated into this order for enforcement purposes.

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

Both parties applied for name suppression. The landlord has been substantially successful in this hearing. Suppression of the landlord’s name and details is ordered. The tenants have not been wholly or substantially successful in this hearing and the tenants’ application for name suppression is dismissed.

Order

Claims and awards in Tenancy Tribunal application 5260702 — net $4,158.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Balance of previous order application 5260702 dated 05/08/2025	$3,010.71	Balance of previous order application 5260702 dated 05/08/2025
Rubbish removal	$460.00	evidence. The landlord has proven its claim and the tenants are ordered to pay $460.00.
Cleaning: Curtain	$241.50	Cleaning: Curtain
Window repairs	$419.75	nant has not disproved liability for the damage. The tenants are ordered to pay $419.75.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,158.96
Total payable by Tenant to Landlord	$4,158.96

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

George Paulsen Paulsen, Wade Matthew Sears and Shannon Tim Wiki must pay [The landlord/s] $4,158.96 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 5 August 2025 under this application number.

Reasons

The landlord attended the video hearing.

This matter was part heard by the Tribunal on 5 August 2025. The hearing was adjourned for consideration of the landlord’s compensation claims.

The landlord has applied for compensation and reimbursement of the filing fee following 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord said that two windows were damaged during the tenancy. The landlord provided photos of the windows and an invoice for repairs of $419.75.

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

Tenancy Tribunal case 5260702 — Property damage

At a glance

Tenancy Tribunal case 5260702 — Property damage

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