What was Tenancy Tribunal case 5286459 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 5286459?

Cleaning: $180.00 awarded to landlord; Cleaning: $47.27 awarded to landlord; Cleaning: $464.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Kitchen Vinyl: $824.63 awarded to landlord; Property Damage: $748.88 awarded to landlord; Rent Arrears: $423.57 awarded to landlord; Rubbish Removal: $230.00 awarded to landlord; Walls and Doors: $1,811.25 awarded to landlord

What type of tenancy dispute was case 5286459?

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

Where can I read the official tribunal order for case 5286459?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12192518-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5286459 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 5286459?

Cleaning: $180.00 awarded to landlord; Cleaning: $47.27 awarded to landlord; Cleaning: $464.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Kitchen Vinyl: $824.63 awarded to landlord; Property Damage: $748.88 awarded to landlord; Rent Arrears: $423.57 awarded to landlord; Rubbish Removal: $230.00 awarded to landlord; Walls and Doors: $1,811.25 awarded to landlord

What type of tenancy dispute was case 5286459?

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

Where can I read the official tribunal order for case 5286459?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12192518-Tribunal_Order_Redacted.pdf.

17A Slim Street, Bader, Hamilton 3206 Tenancy Tribunal Case 5286459 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5286459 — net $2,876.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 May 2025	$423.57	Rent arrears to 26 May 2025
Carpet Cleaning	$180.00	Carpet Cleaning
Cleaning	$47.27	Cleaning
Cleaning: Curtains	$464.00	Cleaning: Curtains
Repairs and painting to walls and doors	$1,811.25	Repairs and painting to walls and doors
Rubbish removal: including lawn clippings	$230.00	Rubbish removal: including lawn clippings
Carpet replacement - lounge and hall	$748.88	Carpet replacement - lounge and hall
Vinyl replacement	$824.63	Vinyl replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,876.60
Total payable by Tenant to Landlord	$2,876.60

Both parties attended the hearing.

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

How much is owed for rent?

The tenancy ended on 26 June 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant’s rent had been in credit for almost all of the tenancy. A miscommunication occurred causing the last part-week’s rent not to be paid.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The carpets were cleaned in an attempt to remove stains on the carpet. There were also stains on the curtains that needed to be removed. I am satisfied that the tenant cleaned the house to the standard required except for the shower door. An award of one one’s labour is made. The remainder of the amount claimed for cleaning is dismissed. It is expected that a landlord will need to do some cleaning beyond the standard the RTA requires of the tenant before they re-let the premises.

The tenant accepts she missed removing rubbish from the shed and the lawn clippings.

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 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 following damage was caused during the tenancy: Carpet:

The tenant waived her right to reasonable notice of this claim and agreed for it be considered at today’s hearing.

Unfortunately cleaning the carpet did not remove the stains, which were mainly from the tenant’s daughter drinking juice on the carpet. The landlord claims the cost to replace the carpet in the lounge and hall with the same type of carpet (solution dyed nylon) at a cost of $1,361.60. This cost does not include new underlay. The landlord is not claiming for replacement carpet in any of the bedrooms.

To avoid betterment in favour of the landlord in ordering compensation I have taken into account the probable remaining life of the carpet. I find that carpet has a reasonable life span in a tenanted property of about 10 years. I am satisfied that the carpet was about 4.5 years old at the end of the tenancy. The carpet was around 45% through its expected economic life span, therefore the tenant is to pay 55% of the cost to replace the carpet. Repairs and painting to walls and doors

The surface of a number of walls and doors were damaged throughout the tenancy. The tenant had attempted to repair some of the damage but the product she used was not fit for the purpose and that work had to be redone. The dents, holes, scratches and other marks have occurred over a period of time and it would have been clear to the tenant damage was occurring. It is likely most of the marks were made by her children; some were made by furniture. Therefore I find the damage is carelessly caused.

However I accept that some of the damage is likely to be caused by fair wear and tear. That is, gradual deterioration that has occurred during the tenancy (which lasted around 3 years and 4 months) through normal use of the premises. I attribute 10% of the need for repair and repainting to fair wear and tear. The landlord has claimed $2,012.50, therefore the tenant is liable to pay 90% of this sum. Vinyl:

The vinyl in the kitchen and dining area was damaged by the tenant’s furniture. The landlord claims $1,499.32 to replace the vinyl. The vinyl is the same age as the carpet. I find 10 years is a reasonable life span for the vinyl. Considering betterment as set out above I award $748.88, being 55% of the cost to replace the vinyl. Other matters

As the landlord has been mainly successful in its claim I award reimbursement of the filing fee.

Name suppression is available to the substantially successful party, which in this case is the tenant. The tenant has requested name suppression therefore a suppression order is made.

Claims and awards in Tenancy Tribunal application 5286459 — net $2,876.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 May 2025	$423.57	Rent arrears to 26 May 2025
Carpet Cleaning	$180.00	Carpet Cleaning
Cleaning	$47.27	Cleaning
Cleaning: Curtains	$464.00	Cleaning: Curtains
Repairs and painting to walls and doors	$1,811.25	Repairs and painting to walls and doors
Rubbish removal: including lawn clippings	$230.00	Rubbish removal: including lawn clippings
Carpet replacement - lounge and hall	$748.88	Carpet replacement - lounge and hall
Vinyl replacement	$824.63	Vinyl replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,876.60
Total payable by Tenant to Landlord	$2,876.60

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name.
Jessica Huriata Maihi must pay [The landlord/s] $2,876.60 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 26 June 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant’s rent had been in credit for almost all of the tenancy. A miscommunication occurred causing the last part-week’s rent not to be paid.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The carpets were cleaned in an attempt to remove stains on the carpet. There were also stains on the curtains that needed to be removed. I am satisfied that the tenant cleaned the house to the standard required except for the shower door. An award of one one’s labour is made. The remainder of the amount claimed for cleaning is dismissed. It is expected that a landlord will need to do some cleaning beyond the standard the RTA requires of the tenant before they re-let the premises.
The tenant accepts she missed removing rubbish from the shed and the lawn clippings.
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 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 following damage was caused during the tenancy: Carpet:
The tenant waived her right to reasonable notice of this claim and agreed for it be considered at today’s hearing.
Unfortunately cleaning the carpet did not remove the stains, which were mainly from the tenant’s daughter drinking juice on the carpet. The landlord claims the cost to replace the carpet in the lounge and hall with the same type of carpet (solution dyed nylon) at a cost of $1,361.60. This cost does not include new underlay. The landlord is not claiming for replacement carpet in any of the bedrooms.
To avoid betterment in favour of the landlord in ordering compensation I have taken into account the probable remaining life of the carpet. I find that carpet has a reasonable life span in a tenanted property of about 10 years. I am satisfied that the carpet was about 4.5 years old at the end of the tenancy. The carpet was around 45% through its expected economic life span, therefore the tenant is to pay 55% of the cost to replace the carpet. Repairs and painting to walls and doors
The surface of a number of walls and doors were damaged throughout the tenancy. The tenant had attempted to repair some of the damage but the product she used was not fit for the purpose and that work had to be redone. The dents, holes, scratches and other marks have occurred over a period of time and it would have been clear to the tenant damage was occurring. It is likely most of the marks were made by her children; some were made by furniture. Therefore I find the damage is carelessly caused.
However I accept that some of the damage is likely to be caused by fair wear and tear. That is, gradual deterioration that has occurred during the tenancy (which lasted around 3 years and 4 months) through normal use of the premises. I attribute 10% of the need for repair and repainting to fair wear and tear. The landlord has claimed $2,012.50, therefore the tenant is liable to pay 90% of this sum. Vinyl:
The vinyl in the kitchen and dining area was damaged by the tenant’s furniture. The landlord claims $1,499.32 to replace the vinyl. The vinyl is the same age as the carpet. I find 10 years is a reasonable life span for the vinyl. Considering betterment as set out above I award $748.88, being 55% of the cost to replace the vinyl. Other matters
As the landlord has been mainly successful in its claim I award reimbursement of the filing fee.
Name suppression is available to the substantially successful party, which in this case is the tenant. The tenant has requested name suppression therefore a suppression order is made.

Tenancy Tribunal case 5286459 — Property damage at 17A Slim Street, Bader, Hamilton 3206

At a glance

Tenancy Tribunal case 5286459 — Property damage at 17A Slim Street, Bader, Hamilton 3206

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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 for rent?

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