What was Tenancy Tribunal case 5264941 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Property Brokers Limited $3,131.68

How much money was awarded in case 5264941?

Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $180.55 awarded to landlord; Property Damage: $800.00 awarded to landlord; Rent Arrears: $891.43 awarded to landlord; Replace Carpet Lounge And Bedroom: $1,800.00 awarded to landlord; Rubbish Removal: $212.70 awarded to landlord

What type of tenancy dispute was case 5264941?

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

Where can I read the official tribunal order for case 5264941?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12416153-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5264941 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Property Brokers Limited $3,131.68

How much money was awarded in case 5264941?

Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $180.55 awarded to landlord; Property Damage: $800.00 awarded to landlord; Rent Arrears: $891.43 awarded to landlord; Replace Carpet Lounge And Bedroom: $1,800.00 awarded to landlord; Rubbish Removal: $212.70 awarded to landlord

What type of tenancy dispute was case 5264941?

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

Where can I read the official tribunal order for case 5264941?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12416153-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 2, 10 Lairdvale Road, Taumarunui, Tenancy Tribunal Case 5264941 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5264941 — net $3,131.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 May 2025	$891.43	Rent arrears to 24 May 2025
Rubbish removal	$212.70	Rubbish removal
Cleaning	$500.00	Cleaning
Lock/key replacement	$180.55	Lock/key replacement
Replace carpet lounge and bedroom	$1,800.00	Replace carpet lounge and bedroom
General repairs	$800.00	General repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,131.68
Total payable by Tenant to Landlord	$3,131.68

The tenancy commenced on 22 July 2022 and was periodic. The property was sold, and as a condition of sale the landlord was required to give notice. The tenancy ended on 24 May 2025. On 15 May 2025, the landlord filed an application for rent arrears. This was later amended to include claims for cleaning, rubbish removal, failing to return the keys, and damage.

On 18 July 2025, the matter was scheduled for an in person hearing at the Taumaranui Courthouse. Ms Bishop, Property Manager, appeared for the landlord. There was no appearance by the tenant.

The landlord claims that the tenant: i. Failed to leave the property reasonably clean ($943.00), ii. Failed to remove all rubbish ($212.70), iii. Failed to return the keys ($180.55), iv. Damaged the carpet in the lounge and bedroom ($2,000.00), v. Damaged other areas ($1,135.02).

In brackets next to each claim is the compensation sought. Law

The onus of proving these claims rest with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (Act).

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) of the Act.

The Act 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, and not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy. Determining whether the tenant has failed to leave the property reasonably clean and tidy, and remove all rubbish, will involve an objective assessment. The Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.

To succeed with a claim for damage the landlord must prove that damage 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. See sections 40(2)(a), 41 and 49B of the Act.

Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. See Taylor v Webb [1937] 2KB 283 (CA).

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) of the Act.

In dealing with the issue of carelessness the question is whether the tenant was exercising a degree of care and attention that a reasonable and prudent tenant would exercise in the circumstances. The test is objective and not based on the subjective opinion of the tenant or landlord.

Awarding compensation for damage the Tribunal must also consider 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 betterment and depreciation, the Tribunal must consider the age and condition of the items concerned at the start of the tenancy and their estimated useful lifespan. Cleaning, rubbish removal, and failing to return the keys.

The property was built in the 1980s, and comprises of two bedrooms, kitchen, dining / lounge room, bathroom, toilet, and laundry. The landlord provided both pre tenancy inspection and end of tenancy reports. Each include photographs of the inside and outside of the property.

The landlord states the general cleaning claim includes carpet cleaning, although that portion of the invoice is not being sought as the carpet could not be cleaned and was replaced in two rooms. The invoice is not itemised. The landlord states based on their experience that standard carpet cleaning for a property of this size is around $150.00. The cleaning portion is based on 18 hours at the rate of $45.00 per hour. The landlord states that the balance of the claim is justified as the property was left very unclean. The landlord states that contrary to the terms of the agreement, the tenant kept cats inside. Unfortunately, the cats defecated on the carpet and vinyl flooring, causing staining and a strong odour. The photographs show that the tenant left household rubbish behind including some items of furniture.

The landlord states that at the commencement of the tenancy the tenant was provided with a key which opened the front and back door, but the key was not returned.

The landlord states that the interior of the property was redecorated, and the carpets replaced shortly before the commencement of the tenancy. The landlord has provided photographs of the carpet at the end of the tenancy which show significant staining and soiling which could not be removed. The landlord has insurance for damage with an excess of $1,000.00 per claim. The landlord made an insurance claim to replace the carpet in one of the bedrooms and the lounge / dining area. The landlord seeks the excess of $2,000.00.

The landlord has produced an invoice for general repairs which included : replacing a missing kitchen cupboard knob; repairing a sliding door between the kitchen and the lounge; rehanging and painting the bathroom door; repairing laundry cupboards; replacing the Formica strip along the kitchen bench ; repairing a small hole in the exterior near the laundry door ; repairing a hole to the lounge wall caused by a missing doorstop; and odour treatment to the vinyl flooring in the kitchen.

The landlord claims the general damage and carpet damage occurred during the tenancy and is more than fair wear and tear. Analysis and decision

I am satisfied that the tenant failed to leave the property reasonably clean, remove all rubbish, and return the keys. The amounts claimed for rubbish removal and key replacement are awarded. Regarding cleaning, while the photographs suggest little or no cleaning was undertaken by the tenant, 18 hours at $45 per hour for cleaning a two-bedroom unit is in my view not justified. I award the landlord $500.00 for cleaning.

I am satisfied that the carpet was damaged during the tenancy and that the damage is more than fair wear and tear. The damage appears to be the result of carelessness. Carpets in residential rental properties have an estimated lifespan of 10 – 12 years. In this case the carpet was approximately three years old at the end of the tenancy. Taking betterment into account, I reduce the claim by $200.00 and award the landlord $1,800.00.

Although the property was redecorated in 2022, its fixtures and fittings were not replaced. The photographs suggest that the property retains most of its original features which show signs of wear and tear relevant to their age. Having heard from the landlord, and considered the evidence, I am satisfied that replacing the missing kitchen cupboard knob, repairing the sliding door between the kitchen and lounge, rehanging and painting the bathroom door, repairing the small exterior hole, repairing the lounge wall, and the odour treatment are all repairs for damage occurring during the tenancy which is more than fair wear and tear.

Concerning the repairing of the laundry cupboards and replacing the Formica strip along the kitchen bench, I am not satisfied that this is more than fair wear and tear.

The invoice also included claims for installing a missing window latch and removal of rubbish from around the property. These claims have not been pursued.

The invoice is not itemised. I consider $800.00 to be reasonable compensation. Only the damaged areas were repaired, and there has been no betterment. Costs

Because Property Brokers Limited has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression.

Although entitled to name suppression, the landlord does not seek it and no orders are made.

Reasons

Claims and awards in Tenancy Tribunal application 5264941 — net $3,131.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 May 2025	$891.43	Rent arrears to 24 May 2025
Rubbish removal	$212.70	Rubbish removal
Cleaning	$500.00	Cleaning
Lock/key replacement	$180.55	Lock/key replacement
Replace carpet lounge and bedroom	$1,800.00	Replace carpet lounge and bedroom
General repairs	$800.00	General repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,131.68
Total payable by Tenant to Landlord	$3,131.68