What was Tenancy Tribunal case 5280038 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 5280038?

Cleaning: $2,404.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $159.50 awarded to landlord; Rent Arrears: $1,072.14 awarded to landlord; Skip Hire: $575.00 awarded to landlord

What type of tenancy dispute was case 5280038?

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

Where can I read the official tribunal order for case 5280038?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12309766-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5280038 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 5280038?

Cleaning: $2,404.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $159.50 awarded to landlord; Rent Arrears: $1,072.14 awarded to landlord; Skip Hire: $575.00 awarded to landlord

What type of tenancy dispute was case 5280038?

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

Where can I read the official tribunal order for case 5280038?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12309766-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5280038 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5280038 — net $4,237.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 May 2025	$1,072.14	the claim for rent arrears in the amount of $1,072.14 is proven and awarded under section 40(1)(a) of the Residential Tenancies Act 1986 (“RTA”). Did the tenan…
lacements, cleaning, shifting tenants' belongings, paint & plaster repairs, ground maintenance, carpet cleaning, replace	$2,404.00	lacements, cleaning, shifting tenants' belongings, paint & plaster repairs, ground maintenance, carpet cleaning, replace
Skip hire	$575.00	Skip hire
Mattress replacement	$159.50	Mattress replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,237.64
Total payable by Tenant to Landlord	$4,237.64

A hearing was held by video conference on 20 August 2025. The landlord attended. The tenants did not attend. I was satisfied that adequate service of the hearing notice had been completed and therefore proceeded with the hearing in the tenants’ absence.

This matter concerns a tenancy which commenced on 4 August 2024 and ended on 10 May 2025. The landlord has filed an application seeking rent arrears and compensation for damage, cleaning, disposal of goods, and replacement of chattels following the end of the tenancy.

How much is owed for rent?

The landlord filed a rent summary in support of the claim for rent arrears. The evidence shows that at the end of the tenancy on 10 May 2025, rent arrears of $4,072.14 were owing. The landlord had confirmed that the bond of $3,000 has since been refunded to them, leaving a balance of $1,072.14 outstanding.

I am satisfied that the rent summary accurately records the arrears owed at the end of the tenancy, and that the bond has been applied correctly. Accordingly, the claim for rent arrears in the amount of $1,072.14 is proven and awarded under section 40(1)(a) of the Residential Tenancies Act 1986 (“RTA”).

Did the tenant comply with their obligations?

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) of the RTA.

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 landlord claims compensation for lock replacement, cleaning and disposal of tenant belongings, plastering and painting repairs, ground maintenance, carpet cleaning, and replacement of wardrobe doors. The landlord provided the initial inspection report, photographs of the property at the end of the tenancy, and invoices in support.

I accept the landlord’s evidence that the tenants failed to return the keys at the end of the tenancy, requiring replacement of the locks. Photographs show that significant items and belongings were left behind by the tenants, which required removal and skip hire. The carpets and blinds required professional cleaning to remove cigarette odours and staining. Bedroom one had paint damage and bedroom two had ink stains that could not be removed. Bedroom three contained offensive symbols on the walls, requiring plastering and repainting. The lawns were overgrown and had to be mowed. Two wardrobe doors in bedroom one were damaged and required replacement.

In this case, the tenants did not appear at the hearing and provided no evidence to refute the landlord’s claims.

I am satisfied, on the balance of probabilities, that the costs claimed by the landlord are necessary and reasonable to remedy damage and restore the premises to a reasonable standard. All claims for compensation are therefore proven.

The landlord also claims $319 for replacement of a mattress that was included with the tenancy. The landlord confirmed that the mattress was in the property when it was purchased in 2021 and that the mattress was damaged beyond repair during the tenancy.

The Tribunal has consistently recognised that mattresses are chattels with a limited life expectancy. The estimated useful life of a mattress is approximately five years. The purpose of compensation is not to provide a landlord with a brand-new replacement item, but to put the landlord in the position they would have been in had the damage not occurred. Compensation must therefore take account of depreciation.

Given that the mattress was already at least halfway through its expected life, I find it reasonable to allow only 50% of the claimed cost. I therefore award $159.50 for the replacement mattress.

As the landlord has substantially succeeded with the claim, I consider it reasonable to order the tenants to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Claims and awards in Tenancy Tribunal application 5280038 — net $4,237.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 May 2025	$1,072.14	the claim for rent arrears in the amount of $1,072.14 is proven and awarded under section 40(1)(a) of the Residential Tenancies Act 1986 (“RTA”). Did the tenan…
lacements, cleaning, shifting tenants' belongings, paint & plaster repairs, ground maintenance, carpet cleaning, replace	$2,404.00	lacements, cleaning, shifting tenants' belongings, paint & plaster repairs, ground maintenance, carpet cleaning, replace
Skip hire	$575.00	Skip hire
Mattress replacement	$159.50	Mattress replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,237.64
Total payable by Tenant to Landlord	$4,237.64

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Jakani Drew Witinitara and Darrin Morris must pay [The landlord/s] $4,237.64 immediately, calculated as shown in the table below.

Reasons

A hearing was held by video conference on 20 August 2025. The landlord attended. The tenants did not attend. I was satisfied that adequate service of the hearing notice had been completed and therefore proceeded with the hearing in the tenants’ absence.
This matter concerns a tenancy which commenced on 4 August 2024 and ended on 10 May 2025. The landlord has filed an application seeking rent arrears and compensation for damage, cleaning, disposal of goods, and replacement of chattels following the end of the tenancy.

How much is owed for rent?

The landlord filed a rent summary in support of the claim for rent arrears. The evidence shows that at the end of the tenancy on 10 May 2025, rent arrears of $4,072.14 were owing. The landlord had confirmed that the bond of $3,000 has since been refunded to them, leaving a balance of $1,072.14 outstanding.
I am satisfied that the rent summary accurately records the arrears owed at the end of the tenancy, and that the bond has been applied correctly. Accordingly, the claim for rent arrears in the amount of $1,072.14 is proven and awarded under section 40(1)(a) of the Residential Tenancies Act 1986 (“RTA”).

Did the tenant comply with their obligations?

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) of the RTA.
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 landlord claims compensation for lock replacement, cleaning and disposal of tenant belongings, plastering and painting repairs, ground maintenance, carpet cleaning, and replacement of wardrobe doors. The landlord provided the initial inspection report, photographs of the property at the end of the tenancy, and invoices in support.
I accept the landlord’s evidence that the tenants failed to return the keys at the end of the tenancy, requiring replacement of the locks. Photographs show that significant items and belongings were left behind by the tenants, which required removal and skip hire. The carpets and blinds required professional cleaning to remove cigarette odours and staining. Bedroom one had paint damage and bedroom two had ink stains that could not be removed. Bedroom three contained offensive symbols on the walls, requiring plastering and repainting. The lawns were overgrown and had to be mowed. Two wardrobe doors in bedroom one were damaged and required replacement.
In this case, the tenants did not appear at the hearing and provided no evidence to refute the landlord’s claims.
I am satisfied, on the balance of probabilities, that the costs claimed by the landlord are necessary and reasonable to remedy damage and restore the premises to a reasonable standard. All claims for compensation are therefore proven.
The landlord also claims $319 for replacement of a mattress that was included with the tenancy. The landlord confirmed that the mattress was in the property when it was purchased in 2021 and that the mattress was damaged beyond repair during the tenancy.
The Tribunal has consistently recognised that mattresses are chattels with a limited life expectancy. The estimated useful life of a mattress is approximately five years. The purpose of compensation is not to provide a landlord with a brand-new replacement item, but to put the landlord in the position they would have been in had the damage not occurred. Compensation must therefore take account of depreciation.
Given that the mattress was already at least halfway through its expected life, I find it reasonable to allow only 50% of the claimed cost. I therefore award $159.50 for the replacement mattress.
As the landlord has substantially succeeded with the claim, I consider it reasonable to order the tenants to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Tenancy Tribunal case 5280038 — Cleanliness

At a glance

Award balance

Tenancy Tribunal case 5280038 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions