How much money was awarded in case 5263699?

Carpet: $3,000.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $270.00 awarded to landlord; Rent Arrears: $107.14 awarded to landlord

What type of tenancy dispute was case 5263699?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5263699?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12182407-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5263699?

Carpet: $3,000.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $270.00 awarded to landlord; Rent Arrears: $107.14 awarded to landlord

What type of tenancy dispute was case 5263699?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5263699?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12182407-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 2, 75 Harper Road, Waimarama, Waimarama Tenancy Tribunal Case 5263699 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 5263699?

The tribunal order states: Jonathan Maitai Cooper and Lisa Mei Pritchard must pay Twin City Properties

Order

Claims and awards in Tenancy Tribunal application 5263699 — net $854.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$107.14	Rent arrears
Carpet	$3,000.00	Carpet
Cleaning	$450.00	Cleaning
Lawns and Garden work	$270.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$854.14
Total payable by Tenant to Landlord	$854.14

Jonathan Maitai Cooper and Lisa Mei Pritchard must pay Twin City Properties Limited T/A Pukeko Rental Managers As Agent For Philippa Cavanagh $854.14 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,000.00 (6535588-001) to Twin City Properties Limited T/A Pukeko Rental Managers As Agent For Philippa Cavanagh immediately.

Reasons

Both parties attended the video hearing.

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 17 April 2025. The landlord provided rent records which prove the amount 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986

The tenant did not leave the premises reasonably clean and tidy. Photos were provided by the landlord of the interior and exterior of the premises. The interior photos indicate that the premises had not been left reasonably clean and tidy by the tenant. The claim for cleaning of $450.00 is reasonable. The exterior gardens were not reasonably tidy. The tenant had previously been advised by the landlord of the need for further work. The claim for $270.00 is reasonable.

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. The landlord is insured. The landlord’s policy of insurance carries an excess of $900.00 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 following damage was caused during the tenancy: The carpet was damaged by stains. The carpet was damaged in six separate and individual areas. Photos were provided by the landlord. The tenant did not dispute that the damage had been caused carelessly during the course of the tendency. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord seeks compensation of $5,400.00 being the total of the six separate excesses applied by the insurer. 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. Four weeks rent amounts to $3,000.00 which is less than the insurance excess. The tenant is ordered to pay compensation of $3,000.00.

The amounts ordered are proven.

As Twin City Properties Limited T/A Pukeko Rental Managers As Agent For Philippa Cavanagh has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5263699 — net $854.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$107.14	Rent arrears
Carpet	$3,000.00	Carpet
Cleaning	$450.00	Cleaning
Lawns and Garden work	$270.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$854.14
Total payable by Tenant to Landlord	$854.14

Order

Jonathan Maitai Cooper and Lisa Mei Pritchard must pay Twin City Properties Limited T/A Pukeko Rental Managers As Agent For Philippa Cavanagh $854.14 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 (6535588-001) to Twin City Properties Limited T/A Pukeko Rental Managers As Agent For Philippa Cavanagh immediately.

Reasons

Both parties attended the video hearing.
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 17 April 2025. The landlord provided rent records which prove the amount 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986
The tenant did not leave the premises reasonably clean and tidy. Photos were provided by the landlord of the interior and exterior of the premises. The interior photos indicate that the premises had not been left reasonably clean and tidy by the tenant. The claim for cleaning of $450.00 is reasonable. The exterior gardens were not reasonably tidy. The tenant had previously been advised by the landlord of the need for further work. The claim for $270.00 is reasonable.
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. The landlord is insured. The landlord’s policy of insurance carries an excess of $900.00 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 following damage was caused during the tenancy: The carpet was damaged by stains. The carpet was damaged in six separate and individual areas. Photos were provided by the landlord. The tenant did not dispute that the damage had been caused carelessly during the course of the tendency. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord seeks compensation of $5,400.00 being the total of the six separate excesses applied by the insurer. 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. Four weeks rent amounts to $3,000.00 which is less than the insurance excess. The tenant is ordered to pay compensation of $3,000.00.
The amounts ordered are proven.
As Twin City Properties Limited T/A Pukeko Rental Managers As Agent For Philippa Cavanagh has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Tenancy Tribunal case 5263699 — Cleanliness at Unit/Flat Unit 2, 75 Harper Road, Waimarama, Waimarama

At a glance

Tenancy Tribunal case 5263699 — Cleanliness at Unit/Flat Unit 2, 75 Harper Road, Waimarama, Waimarama

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