What was Tenancy Tribunal case 5288779 about?

The tribunal order states: [The tenant/s] must pay Irelands Real Estate Limited as agent for [The party] $7,225.04 immediately, calculated as shown in the table

How much money was awarded in case 5288779?

Cleaning: $707.25 awarded to landlord; Curtains: $114.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $79.56 awarded to landlord; Property Damage: $6,988.25 awarded to landlord; Rent Arrears: $463.98 awarded to landlord; Rubbish Removal: $425.00 awarded to landlord

What type of tenancy dispute was case 5288779?

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

Where can I read the official tribunal order for case 5288779?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12643718-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5288779 about?

The tribunal order states: [The tenant/s] must pay Irelands Real Estate Limited as agent for [The party] $7,225.04 immediately, calculated as shown in the table

How much money was awarded in case 5288779?

Cleaning: $707.25 awarded to landlord; Curtains: $114.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $79.56 awarded to landlord; Property Damage: $6,988.25 awarded to landlord; Rent Arrears: $463.98 awarded to landlord; Rubbish Removal: $425.00 awarded to landlord

What type of tenancy dispute was case 5288779?

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

Where can I read the official tribunal order for case 5288779?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12643718-Tribunal_Order.pdf.

606 Gloucester Street, Linwood, Christchurch 8062 Tenancy Tribunal Case 5288779 — Property damage

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Reasons

Claims and awards in Tenancy Tribunal application 5288779 — net $7,225.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 May 2025	$463.98	Rent arrears to 28 May 2025
Carpet repair	$79.56	Carpet repair
Curtains	$114.00	Curtains
Rubbish removal	$425.00	Rubbish removal
Cleaning	$707.25	Cleaning
Damage	$6,988.25	Damage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,225.04
Total payable by Tenant to Landlord	$7,225.04

This order amends the Tribunal’s order made on 8 August 2025 by adding the landlord’s name, Eduardo Carvalho Machado, as an applicant for enforcement purposes. The order is otherwise unchanged.

The hearing was conducted by telephone. Only the landlord and his property manager attended. Calls to the tenant went straight to voicemail.

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

The tenancy ended on 28 May 2025. The landlord provided rent records to prove the amount owing at the end of the tenancy as awarded. The Tenant’s Other 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.

The tenant must not carelessly or intentionally damage 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.

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).

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).

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. Betterment

The Tribunal must consider betterment where appropriate. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, the Tribunal considers the age and condition of the damaged items at the start of the tenancy and their likely useful lifespan. Claims Curtains

The tenant removed curtains from the premises during the tenancy. The landlord claims $228 being the cost of replacing the curtains.

It is likely that the curtains were 13 years old by the end of the tenancy and so an allowance for betterment is required. They were in good condition and so I have made a reduction of 50% for betterment and awarded $114. Rubbish Removal

The tenant left a shed full of rubbish and some small items in the house. I accept the claim for $425 for the cost of removing and dumping the rubbish which was supported by an invoice. Cleaning

The premises were not left reasonably clen and tidy. I accept the claim for $707.25 for the cost of cleaning which was supported by an invoice. Damage

The premises were extensively damage during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

There was some carpet damage which the tenant had partly paid for when the tenancy ended. I have awarded the balance owed in the sum of $79.56.

There was extensive damage to walls and doors. The nature and extent of the damage leads me to conclude that the damage was intentional. It follows that the landlord’s insurance is not a relevant consideration.

The claim for the cost of repairing the damage and painting is $5,124.50. I find that to be a reasonable cost for the required work. It included replacing 6 doors, repairing 2 others, repairing and painting 9 walls, and painting the ceilings in a bedroom, lounge and entry hall.

There is also a claim for $3,041.75 for painting the remaining ceilings and walls. The landlord argued that it was necessary to do so to match the new paint on the other walls given the extent of the new painting that was needed.

There is some merit in that argument, although the conventional approach would be to award the cost of painting only those area that were damaged by the tenant. The need to match also highlights the issue of betterment. It is fair to assume that the premises had not been painted since they were built in 2013. In my view it is reasonable to assume that as a rule rented premises would be redecorated every 20 years. That is a reasonable starting point in this case.

Bearing in mind that there is a cost to the landlord when the painting is brought forward, a reduction of 50% would be appropriate for betterment in this case.

Betterment does not apply to the cost of replacing doors or repairing walls. In round figures, betterment for the remaining cost would be $2,250.

The claim for repainting the undamaged walls and ceilings is not a given and it would not be allowed in full. That would have to be assessed on a room-by- room basis.

Looking at the claim in total, I find that reasonable compensation would be achieved by awarding the claims for painting the damaged areas in full and making no award for painting the undamaged areas. That reduces the claim from $8426.05 to $5,384.30, a reduction of just over one third.

Other claims amount to $1,604.25. That includes damage to the kitchen sink, kitchen cupboards, shower door, window latches, toilet seat, door jambs, kitchen drawers and doors and the kitchen bench.

I have therefore awarded $6,988.25 for the damage excluding the carpet repair. Filing Fee

The landlord has been substantially successful and so I have awarded the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5288779 — net $7,225.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 May 2025	$463.98	Rent arrears to 28 May 2025
Carpet repair	$79.56	Carpet repair
Curtains	$114.00	Curtains
Rubbish removal	$425.00	Rubbish removal
Cleaning	$707.25	Cleaning
Damage	$6,988.25	Damage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,225.04
Total payable by Tenant to Landlord	$7,225.04