What was the outcome of Tenancy Tribunal case 5268240?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5268240?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5268240?

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

Where can I read the official tribunal order for case 5268240?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12195685-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5268240?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5268240?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5268240?

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

Where can I read the official tribunal order for case 5268240?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12195685-Tenancy_Tribunal_Order.pdf.

Unit/Flat 7, 62 Spenmoor Street, Newlands, Wellington Tenancy Tribunal Case 5268240 — Cleanliness

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Reasons

A representative of the landlord attended the hearing. The tenants did not attend by the video link provided in the notice of hearing and calls to their mobil phone numbers were not answered.

The landlord has applied for an insurance excess for carpet replacement.

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.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

This tenancy ended in September 2024. The carpet had been cleaned in October 2024 and the landlord was awarded carpet cleaning costs by the Tribunal in March 2025. The landlord as now applied for an insurance excess to replace the carpet. The carpet was replaced recently, months after the tenancy ended and months after it was cleaned.

The landlord claims that the carpet cleaning was not as effective as they had hoped. Any residual damage should have been evident by the time the previous application was filed. The landlord provided photographs dated December 2024 (approximately two months after the carpet was cleaned). Those photographs do not establish that the cleaning was not effective or that the carpet needed to be replaced.

The applicant has not satisfied me that it is more likely than not that damage occurred during this tenancy to the extent that carpet had to be replaced. The application is dismissed.

As the landlord was not successful, I have not awarded reimbursement of the Tribunal application fee or granted the landlord’s request for suppression of its details.

Reasons

A representative of the landlord attended the hearing. The tenants did not attend by the video link provided in the notice of hearing and calls to their mobil phone numbers were not answered.

The landlord has applied for an insurance excess for carpet replacement.

Is the tenant responsible for the damage to the premises?

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

The applicant has not satisfied me that it is more likely than not that damage occurred during this tenancy to the extent that carpet had to be replaced. The application is dismissed.

As the landlord was not successful, I have not awarded reimbursement of the Tribunal application fee or granted the landlord’s request for suppression of its details.

Tenancy Tribunal case 5268240 — Cleanliness at Unit/Flat 7, 62 Spenmoor Street, Newlands, Wellington

At a glance

Tenancy Tribunal case 5268240 — Cleanliness at Unit/Flat 7, 62 Spenmoor Street, Newlands, Wellington

At a glance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions