How much money was awarded in case 5267719?

Cleaning: $977.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $427.71 awarded to landlord; Curtains: $172.50 awarded to landlord; Rubbish Removal: $402.50 awarded to landlord

What type of tenancy dispute was case 5267719?

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

Where can I read the official tribunal order for case 5267719?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12091732-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5267719?

Cleaning: $977.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $427.71 awarded to landlord; Curtains: $172.50 awarded to landlord; Rubbish Removal: $402.50 awarded to landlord

What type of tenancy dispute was case 5267719?

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

Where can I read the official tribunal order for case 5267719?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12091732-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5267719 — Cleanliness

Q: What was Tenancy Tribunal case 5267719 about?

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

Order

Claims and awards in Tenancy Tribunal application 5267719 — net $11.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 November 2024	$427.71	Rent arrears to 27 November 2024
Cleaning and repair holes	$977.50	Cleaning and repair holes
Rubbish removal	$402.50	Rubbish removal
Repairs: Curtains	$172.50	Repairs: Curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11.21
Total payable by Tenant to Landlord	$11.21

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

Dominique Frank and Phillip Rakuraku must pay [The landlord/s] $241.21 immediately, as calculated in the table below:

The Bond Centre is to pay the bond of $1,996.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenants did not attend and did not respond despite being telephoned on the numbers ending in 558 and 986.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenants provided information and photographs on the morning of the hearing, that I have reviewed. These do not appear to respond to the claims filed by the landlord, but instead appear to relate to claim(s) that have not yet been filed by the tenant.

As a result of there being no application filed by the tenants, I was unable to consider these claims however I note that the tenants are not prevented from filing an application in respect of these claim(s).

How much is owed for rent?

The tenancy ended on 27 November 2024. The landlord provided rent records which prove the amount owing of $427.71 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 (RTA).

The landlord says that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. They say that there was rubbish and belongings left inside and outside the property that required disposal. This included a lounge-suite, kids ball pit and other items left in a wardrobe and scattered around the exterior of the property. In addition, lawn mowing was required, as well as general cleaning inside the property, particularly to the fireplace, oven, and bathroom/toilet.

The landlord has provided pre and post tenancy reports and photographs and an invoice for the rubbish removal, clean-up of section and cleaning through the property.

I am satisfied on review of the evidence that the property was not left reasonably clean and tidy, and all rubbish was not removed.

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 claims for the cost to repair holes made in the walls at the property and has provided before and after tenancy photographs. The photographs show that there was an unsuccessful attempt to repair one of the holes, and repairs were still required.

In addition, the landlord claims for the cost to repair the curtains in two of the bedrooms. The photographs show that the curtain rails had to be re-fixed to the wall.

The following damage was caused during the tenancy: Walls and curtains. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 09 July 2025

Claims and awards in Tenancy Tribunal application 5267719 — net $11.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 November 2024	$427.71	Rent arrears to 27 November 2024
Cleaning and repair holes	$977.50	Cleaning and repair holes
Rubbish removal	$402.50	Rubbish removal
Repairs: Curtains	$172.50	Repairs: Curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11.21
Total payable by Tenant to Landlord	$11.21

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Dominique Frank and Phillip Rakuraku must pay [The landlord/s] $241.21 immediately, as calculated in the table below:
The Bond Centre is to pay the bond of $1,996.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenants did not attend and did not respond despite being telephoned on the numbers ending in 558 and 986.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenants provided information and photographs on the morning of the hearing, that I have reviewed. These do not appear to respond to the claims filed by the landlord, but instead appear to relate to claim(s) that have not yet been filed by the tenant.
As a result of there being no application filed by the tenants, I was unable to consider these claims however I note that the tenants are not prevented from filing an application in respect of these claim(s).

How much is owed for rent?

The tenancy ended on 27 November 2024. The landlord provided rent records which prove the amount owing of $427.71 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 (RTA).
The landlord says that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. They say that there was rubbish and belongings left inside and outside the property that required disposal. This included a lounge-suite, kids ball pit and other items left in a wardrobe and scattered around the exterior of the property. In addition, lawn mowing was required, as well as general cleaning inside the property, particularly to the fireplace, oven, and bathroom/toilet.
The landlord has provided pre and post tenancy reports and photographs and an invoice for the rubbish removal, clean-up of section and cleaning through the property.
I am satisfied on review of the evidence that the property was not left reasonably clean and tidy, and all rubbish was not removed.
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 claims for the cost to repair holes made in the walls at the property and has provided before and after tenancy photographs. The photographs show that there was an unsuccessful attempt to repair one of the holes, and repairs were still required.
In addition, the landlord claims for the cost to repair the curtains in two of the bedrooms. The photographs show that the curtain rails had to be re-fixed to the wall.
The following damage was caused during the tenancy: Walls and curtains. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 09 July 2025

Tenancy Tribunal case 5267719 — Cleanliness

At a glance

Tenancy Tribunal case 5267719 — Cleanliness

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

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

Frequently asked questions