What was Tenancy Tribunal case 5265780 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Barfoot & Thompson Limited As Agent For Steven

How much money was awarded in case 5265780?

Car Removal: $506.00 awarded to landlord; Cleaning: $583.05 awarded to landlord; Cleaning: $540.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Replace Two Wall Lights On First Set…: $437.00 awarded to landlord; Water Rates: $59.43 awarded to landlord

What type of tenancy dispute was case 5265780?

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

Where can I read the official tribunal order for case 5265780?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12277681-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5265780 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Barfoot & Thompson Limited As Agent For Steven

How much money was awarded in case 5265780?

Car Removal: $506.00 awarded to landlord; Cleaning: $583.05 awarded to landlord; Cleaning: $540.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Replace Two Wall Lights On First Set…: $437.00 awarded to landlord; Water Rates: $59.43 awarded to landlord

What type of tenancy dispute was case 5265780?

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

Where can I read the official tribunal order for case 5265780?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12277681-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 17, 595 Laurie Southwick Parade, Gulf Tenancy Tribunal Case 5265780 — Cleanliness

Tenantcheck Insights

Unit/Flat Flat 17, 595 Laurie Southwick Parade, Gulf Tenancy Tribunal Case 5265780 — Cleanliness | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5265780 — net $2.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to 18 March 2025	$59.43	3. The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Cleaning	$540.00	Cleaning
Carpet Cleaning	$583.05	Carpet Cleaning
Replace two wall lights on first set of stairs	$437.00	Replace two wall lights on first set of stairs
Service/repair 2 venetian blinds	$250.00	Service/repair 2 venetian blinds
Car removal	$506.00	Car removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2.48
Total payable by Tenant to Landlord	$2.48

Claims and awards for application 5265780 — net $2.48 NZD. Verify on MoJ.

Water rates to 18 March 2025

Amount: $59.43
Awarded to: Landlord
Reason: 3. The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Cleaning

Amount: $540.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $583.05
Awarded to: Landlord
Reason: Carpet Cleaning

Replace two wall lights on first set of stairs

Amount: $437.00
Awarded to: Landlord
Reason: Replace two wall lights on first set of stairs

Service/repair 2 venetian blinds

Amount: $250.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Water Rates

Order

[The tenant/s] tenant/s] must pay Barfoot & Thompson Limited As Agent For Steven Parker Matt Newton $2.48 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (3472382-005) to Barfoot & Thompson Limited As Agent For Steven Parker Matt Newton immediately.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 18 March 2025. The landlord provided water rates invoices 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, 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 has provided evidence that proves the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish and left an old vehicle on the premise that needed to be towed to the tenant’s new address.
The following chattels were missing at the end of the tenancy: a. Two wall light fittings on the first set of stairs.
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 landlord provided evidence that the tenant damaged two venetian blinds during the tenancy that needed servicing and repairs.
The landlord has proven on the balance of probabilities that this damage is more than fair wear and tear because it is not the type of damage that you would usually see resulting from fair wear and tear and is more consistent with damage that has resulted from a tenant’s careless act or omission. The tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
Because the landlord has wholly succeeded with its claim, I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5265780 — net $2.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to 18 March 2025	$59.43	3. The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Cleaning	$540.00	Cleaning
Carpet Cleaning	$583.05	Carpet Cleaning
Replace two wall lights on first set of stairs	$437.00	Replace two wall lights on first set of stairs
Service/repair 2 venetian blinds	$250.00	Service/repair 2 venetian blinds
Car removal	$506.00	Car removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2.48
Total payable by Tenant to Landlord	$2.48

Claims and awards for application 5265780 — net $2.48 NZD. Verify on MoJ.

Water rates to 18 March 2025

Amount: $59.43
Awarded to: Landlord
Reason: 3. The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Cleaning

Amount: $540.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $583.05
Awarded to: Landlord
Reason: Carpet Cleaning

Replace two wall lights on first set of stairs

Amount: $437.00
Awarded to: Landlord
Reason: Replace two wall lights on first set of stairs

Service/repair 2 venetian blinds

Amount: $250.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Water Rates

Order

[The tenant/s] tenant/s] must pay Barfoot & Thompson Limited As Agent For Steven Parker Matt Newton $2.48 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (3472382-005) to Barfoot & Thompson Limited As Agent For Steven Parker Matt Newton immediately.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 18 March 2025. The landlord provided water rates invoices 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, 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 has provided evidence that proves the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish and left an old vehicle on the premise that needed to be towed to the tenant’s new address.
The following chattels were missing at the end of the tenancy: a. Two wall light fittings on the first set of stairs.
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 landlord provided evidence that the tenant damaged two venetian blinds during the tenancy that needed servicing and repairs.
The landlord has proven on the balance of probabilities that this damage is more than fair wear and tear because it is not the type of damage that you would usually see resulting from fair wear and tear and is more consistent with damage that has resulted from a tenant’s careless act or omission. The tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
Because the landlord has wholly succeeded with its claim, I must reimburse the filing fee.

Tenancy Tribunal case 5265780 — Cleanliness at Unit/Flat Flat 17, 595 Laurie Southwick Parade, Gulf

At a glance

Tenancy Tribunal case 5265780 — Cleanliness at Unit/Flat Flat 17, 595 Laurie Southwick Parade, Gulf

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

Reduce avoidable tribunal risk with proper tenant checks.