What was Tenancy Tribunal case 5285739 about?

The tribunal order states: [The tenant/s] and [The tenant/s] to pay A1 Property Managers Limited

How much money was awarded in case 5285739?

Cleaning: $90.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Laminated kitchen bench & remove sta…: $713.00 awarded to landlord; Paint 4 Walls And 3 Doors: $609.50 awarded to landlord

What type of tenancy dispute was case 5285739?

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

Where can I read the official tribunal order for case 5285739?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12454836-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5285739 about?

The tribunal order states: [The tenant/s] and [The tenant/s] to pay A1 Property Managers Limited

How much money was awarded in case 5285739?

Cleaning: $90.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Laminated kitchen bench & remove sta…: $713.00 awarded to landlord; Paint 4 Walls And 3 Doors: $609.50 awarded to landlord

What type of tenancy dispute was case 5285739?

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

Where can I read the official tribunal order for case 5285739?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12454836-Tenancy_Tribunal_Order.pdf.

Unit/Flat 14, 190 Lincoln Road, Addington, Christchurch Tenancy Tribunal Case 5285739 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5285739 — net $1,519.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Laminated kitchen bench & remove stains from vanity	$713.00	Repairs: Laminated kitchen bench & remove stains from vanity
Repairs: Paint 4 walls and 3 doors	$609.50	Repairs: Paint 4 walls and 3 doors
Cleaning: Spot clean	$80.00	Cleaning: Spot clean
Cleaning: Lounge curtains	$90.00	Cleaning: Lounge curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,519.50
Total payable by Tenant to Landlord	$1,519.50

The hearing was conducted via video conference.

Ms Edwards, together with Ms Van Beurten, attended the hearing on behalf of the landlord. Ms Edwards addressed me during the hearing.

Ms Edwards stated that her last communication with the tenants occurred on 31 July 2025 at a mediation hearing.

Ms Edwards confirmed that there were two telephone numbers recorded for the tenants. The first number, ending in 6359, was for Mr Gamre. I attempted to call this number. However, the call did not connect, indicating that the number was not in service.

I then attempted to call the second number, ending in 1195. This number was for Ms Saliu. Again, the call did not connect, indicating the number was not in service.

As neither tenant could be reached by telephone and neither appeared at the video conference, I determined that the hearing should proceed in their absence.

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

The tenancy ended on 04 May 2025.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenants did not leave the premises in a reasonably clean and tidy condition. Certain areas required targeted cleaning, and the curtains also required cleaning. a. Ms Edwards claimed $80 for spot cleaning. She stated that the property had not been left in a reasonably clean and tidy state, with cobwebs, dirt on walls, and marks around light switches and fittings. A cleaner was engaged to target the problem areas identified in the inspection. b. Ms Edwards claimed $90 for curtain cleaning. She explained that the curtains were heavily soiled along the edges, likely from being handled while opened and closed, and were not in the same condition as at the start of the tenancy.

The amounts ordered are proved.

Are the tenants 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.

Ms Edwards produced invoices and photographic evidence in support of the claims. The following damage was caused during the tenancy:

First, Ms Edwards claimed $609.50 for repairs and painting. This included damage to three internal doors, which had holes and required repair, and painting of several walls that had sustained large areas of damage. She noted that the tenants had already admitted responsibility for the damage to the doors.

Second, Ms Edwards claimed $713 for repairs to the kitchen bench top and bathroom vanity. She explained that the bench top had extensive cuts, scratches, and staining, consistent with it having been used as a chopping board, and the bathroom vanity had severe staining. She submitted that these were not considered fair wear and tear. Her client arranged professional repairs, which restored the items to an acceptable standard but not to new condition.

I am satisfied that the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Filing fee

Because A1 Property Managers Limited has wholly succeeded with the claims, I must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5285739 — net $1,519.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Laminated kitchen bench & remove stains from vanity	$713.00	Repairs: Laminated kitchen bench & remove stains from vanity
Repairs: Paint 4 walls and 3 doors	$609.50	Repairs: Paint 4 walls and 3 doors
Cleaning: Spot clean	$80.00	Cleaning: Spot clean
Cleaning: Lounge curtains	$90.00	Cleaning: Lounge curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,519.50
Total payable by Tenant to Landlord	$1,519.50

The hearing was conducted via video conference.

Ms Edwards, together with Ms Van Beurten, attended the hearing on behalf of the landlord. Ms Edwards addressed me during the hearing.

Ms Edwards stated that her last communication with the tenants occurred on 31 July 2025 at a mediation hearing.

I then attempted to call the second number, ending in 1195. This number was for Ms Saliu. Again, the call did not connect, indicating the number was not in service.

As neither tenant could be reached by telephone and neither appeared at the video conference, I determined that the hearing should proceed in their absence.

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

The tenancy ended on 04 May 2025.

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

The amounts ordered are proved.

Are the tenants responsible for the damage to the premises?

Ms Edwards produced invoices and photographic evidence in support of the claims. The following damage was caused during the tenancy:

I am satisfied that the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Filing fee

Because A1 Property Managers Limited has wholly succeeded with the claims, I must reimburse the filing fee.

Tenancy Tribunal case 5285739 — Property damage at Unit/Flat 14, 190 Lincoln Road, Addington, Christchurch

At a glance

Tenancy Tribunal case 5285739 — Property damage at Unit/Flat 14, 190 Lincoln Road, Addington, Christchurch

At a glance

Award balance

Claims & awards

Order

Reasons

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

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions