How much money was awarded in case 5267846?

Cleaning: $875.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Chimney: $149.50 awarded to landlord; Doors: $281.95 awarded to landlord; Walls (Painting: $100.00 awarded to landlord; Rubbish Removal: $311.50 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord

What type of tenancy dispute was case 5267846?

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

Where can I read the official tribunal order for case 5267846?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12200093-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5267846?

Cleaning: $875.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Chimney: $149.50 awarded to landlord; Doors: $281.95 awarded to landlord; Walls (Painting: $100.00 awarded to landlord; Rubbish Removal: $311.50 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord

What type of tenancy dispute was case 5267846?

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

Where can I read the official tribunal order for case 5267846?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12200093-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5267846 — Cleanliness

Q: What was Tenancy Tribunal case 5267846 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 5267846 — net $1,994.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal (general	$311.50	Rubbish removal (general
Rubbish removal: Fire pit	$250.00	Rubbish removal: Fire pit
Repairs: Doors	$281.95	Repairs: Doors
Repairs: Chimney	$149.50	Repairs: Chimney
Repairs: Walls (painting	$100.00	Repairs: Walls (painting
Cleaning	$875.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,994.95
Bond	$2,240.00
Total payable by Tenant to Landlord	$1,994.95

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

Kylie Haitana to pay [The landlord/s] $1,994.95 from the bond, as calculated in the table below:

The Bond Centre is to pay the bond of $2,240.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,994.95 Kylie Haitana: $245.05

Reasons

The landlord attended the hearing. The tenant did not attend and did not respond despite being telephoned twice on the number ending in 651.

The landlord has applied for compensation, refund of the bond, 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, 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 claims for cleaning and rubbish removal at the property. This includes $875.00 for commercial cleaning including for cleaning the oven. In addition, rubbish removal costs were claimed for cleaning up general rubbish at the property (interior and exterior) of $180.00, removal and dumb fees of $131.50 and costs to remove the fire pit left at the property of $250.00.

The landlord has provided photographs and invoices in support of these claims, together with copies of correspondence between the parties.

On review of the evidence, I am satisfied that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

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 invoiced costs to repair the doors of $281.95, the cost to replace the bird mesh that was removed by the tenant of $149.50 and the cost to paint the bedroom and dining room walls of $100.00. Photographs have been provided in support.

The landlord advises that the garage door and main ranch slider doors had both been damaged and required repair. In addition, the stainless-steel bird mesh had been removed from the fireplace and could not be located so required replacement. There had also been holes made in several walls, the tenants had repaired these holes and had also replaced damaged doors however, the walls and doors both required painting.

The following damage was caused during the tenancy: Damage to doors, chimney bird mesh removed, and walls required painting. 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 substantially succeeded with the claim I have reimbursed the filing fee. R Harvey-Lane 01 August 2025

Order

Claims and awards in Tenancy Tribunal application 5267846 — net $1,994.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal (general	$311.50	Rubbish removal (general
Rubbish removal: Fire pit	$250.00	Rubbish removal: Fire pit
Repairs: Doors	$281.95	Repairs: Doors
Repairs: Chimney	$149.50	Repairs: Chimney
Repairs: Walls (painting	$100.00	Repairs: Walls (painting
Cleaning	$875.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,994.95
Bond	$2,240.00
Total payable by Tenant to Landlord	$1,994.95

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

Kylie Haitana to pay [The landlord/s] $1,994.95 from the bond, as calculated in the table below:

The Bond Centre is to pay the bond of $2,240.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,994.95 Kylie Haitana: $245.05

Reasons

The landlord attended the hearing. The tenant did not attend and did not respond despite being telephoned twice on the number ending in 651.

The landlord has applied for compensation, refund of the bond, 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?

The landlord has provided photographs and invoices in support of these claims, together with copies of correspondence between the parties.

On review of the evidence, I am satisfied that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. R Harvey-Lane 01 August 2025

Tenancy Tribunal case 5267846 — Cleanliness

At a glance

Tenancy Tribunal case 5267846 — Cleanliness

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