What was Tenancy Tribunal case 5275699 about?

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

How much money was awarded in case 5275699?

Cleaning: $185.00 awarded to landlord; Cleaning: $631.06 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Hole In Wall: $230.00 awarded to landlord; Rubbish Removal: $611.80 awarded to landlord; Water Rates: $70.39 awarded to landlord

What type of tenancy dispute was case 5275699?

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

Where can I read the official tribunal order for case 5275699?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12514223-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5275699 about?

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

How much money was awarded in case 5275699?

Cleaning: $185.00 awarded to landlord; Cleaning: $631.06 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Hole In Wall: $230.00 awarded to landlord; Rubbish Removal: $611.80 awarded to landlord; Water Rates: $70.39 awarded to landlord

What type of tenancy dispute was case 5275699?

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

Where can I read the official tribunal order for case 5275699?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12514223-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5275699 — Cleanliness

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Reasons

Claims and awards in Tenancy Tribunal application 5275699 — net $1,755.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$70.39	Water rates
Carpet Cleaning	$185.00	Carpet Cleaning
Repairs: Hole in wall	$230.00	Repairs: Hole in wall
Cleaning	$631.06	Cleaning
Rubbish removal	$611.80	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,755.25
Total payable by Tenant to Landlord	$1,755.25

Both parties attended the hearing, set down for a video conference. The landlord joined the conference. The tenant was joined by a telephone out after not entering the conference.

This was a continuation hearing after an adjournment on 6 August 2025. At that hearing, the tenant claimed she has been trying to have the matter adjourned via a number of calls to an unspecified number. She disputed the claims and wanted to be able to respond. She was provided the opportunity.

The landlord has applied for water rates, compensation and reimbursement of the filing fee following the end of the tenancy.

A previous sealed Mediated order was made for the tenancy to end, rent arrears and the bond.

How much is owed water rates?

The tenancy ended on 13 April 2025. The landlord provided a water rates summary and calculation for the final water rates. This proves the amount owing at the end of the tenancy was $70.39.

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 landlord claims the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It claims the carpet was stained and required profession treatment.

The claims were supported by photos and invoices. The tenant accepted she had not left the premises reasonably clean and tidy, and that rubbish required removal. The costs of the rubbish removal were challenged.

Having considered both submissions and evidence, I consider the efforts and costs incurred are proven as tenant liabilities and are reasonable. The cleaning and rubbish removal costs are awarded. There is a possibility some rubbish was dumped by others, as submitted by the tenant, but I have further considered the exit photos of the driveway rubbish and conclude it was more than likely a tenant liability.

The cost of carpet cleaning for $185.00 was accepted by the tenant.

The tenant raised some prior tenancy issues, namely cleaning required at commencement and a tree trimming arranged by her and at her expense. The landlord at commencement acknowledged issues, agreeing in one message:

The waiving of costs related to the previous vacated tenancy of the tenant, managed by the same agency. The tenant claims there was a later verbal agreement for further cleaning that did not eventuate. I had no evidence to support that and the message provided appears to read as the final set-off.

A tree to the front of the premises had grown and the tenant arranged for it to be trimmed at a cost of $150.00 (November 2024). Despite prior request for trimming, I have no evidence of any landlord acceptance of the need for the trimming, not any cost as incurred. I do not have any proven basis to apply a set-off of this cost against the debt in this order.

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.

A small hole in the lounge wall occurred during the tenancy. The tenant did not dispute it as she had seen it happened (carelessly by her son). The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The cost of $230.00 as invoiced for the repair was challenged by the tenant. The invoice tasks appear consistent with the steps and effort required to repair and then spot paint. The invoice is awarded.

The amounts ordered are proved. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered. Filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5275699 — net $1,755.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$70.39	Water rates
Carpet Cleaning	$185.00	Carpet Cleaning
Repairs: Hole in wall	$230.00	Repairs: Hole in wall
Cleaning	$631.06	Cleaning
Rubbish removal	$611.80	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,755.25
Total payable by Tenant to Landlord	$1,755.25

Both parties attended the hearing, set down for a video conference. The landlord joined the conference. The tenant was joined by a telephone out after not entering the conference.

The landlord has applied for water rates, compensation and reimbursement of the filing fee following the end of the tenancy.

A previous sealed Mediated order was made for the tenancy to end, rent arrears and the bond.

How much is owed water rates?

The tenancy ended on 13 April 2025. The landlord provided a water rates summary and calculation for the final water rates. This proves the amount owing at the end of the tenancy was $70.39.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord claims the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It claims the carpet was stained and required profession treatment.

The cost of carpet cleaning for $185.00 was accepted by the tenant.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved. Suppression

The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered. Filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5275699 — Cleanliness

At a glance

Tenancy Tribunal case 5275699 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed 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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed 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

Frequently asked questions