How much money was awarded in case 5295520?

Cleaning: $287.50 awarded to landlord; Cleaning: $201.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5194075 D…: $398.74 awarded to landlord; Property Damage: $500.00 awarded to landlord

What type of tenancy dispute was case 5295520?

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

Where can I read the official tribunal order for case 5295520?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12553400-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5295520?

Cleaning: $287.50 awarded to landlord; Cleaning: $201.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 5194075 D…: $398.74 awarded to landlord; Property Damage: $500.00 awarded to landlord

What type of tenancy dispute was case 5295520?

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

Where can I read the official tribunal order for case 5295520?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12553400-Tenancy_Tribunal_Order.pdf.

23 Ennis Avenue, Pakuranga Heights, Auckland 2010 Tenancy Tribunal Case 5295520 — Property damage

Q: What was Tenancy Tribunal case 5295520 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Reforma P.M. Limited As Agent For Julie Kirsop (Webber

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5295520 — net $1,414.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5194075 dated 09/05/2025	$398.74	Previous order application 5194075 dated 09/05/2025
Carpet Cleaning	$287.50	Carpet Cleaning
Cleaning	$201.25	Cleaning
Repairs: Insurance excess	$500.00	Repairs: Insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,414.49
Total payable by Tenant to Landlord	$1,414.49

[The tenant/s] tenant/s] must pay Reforma P.M. Limited As Agent For Julie Kirsop (Webber Enterprise Ltd) $1,414.49 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 9 May 2025 under application 5194075. DescriptionLandlord Previous order application 5194075 dated 09/05/2025$398.74 Carpet Cleaning$287.50 Cleaning$201.25 Repairs: Insurance excess$500.00 Filing fee reimbursement$27.00 Total award$1,414.49 Total payable by Tenant to Landlord$1,414.49

Reasons

Only the applicant landlord attended the hearing.

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

On 9 May 2025 the Tribunal made an order relating to this tenancy, for rent and water arrears to the end of the tenancy and refund of the bond. The amount owed after the bond refund to the landlord is $398.74. The amount owed under the previous order is incorporated into this order for enforcement purposes.

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

This tenancy ended in April 2025. 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 claimed that the tenant did not leave the premises reasonably clean and tidy and sought reimbursement of $287.50 for carpet cleaning and $402.50 for cleaning. The landlord provided end of tenancy photographs and copies of the invoices. Having considered the evidence I am satisfied that the landlord has proved on the balance of probabilities that the carpet in bedrooms 1 and 2 was stained and required cleaning and the amount sought in the invoices is ordered. I am satisfied that the landlord has proved on the balance of probabilities that the kitchen in particular the stove and oven required cleaning and bedroom 1 and the laundry, however, there is insufficient evidence that the bathroom, and other two bedrooms were not left reasonably clean and tidy. As the invoice is for a full house clean I order the tenants to reimburse half of the invoice being $101.25.

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.

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 landlord claims that the following damage was caused during the tenancy: the heated towel rail came off the wall and was not properly refixed, a crack in the kitchen wall, a hole in a kitchen cupboard door and damage to paintwork in living room. I find that the damage was beyond fair wear and tear and was carelessly caused. The landlord sought the sum of $1000 for two insurance excesses charged by the insurance company for damage. The landlord provided an entry inspection report and exit inspection and a copy of a letter regarding the insurance. The cost on the insurance letter for the damages claimed by the landlord was a Counties Property Maintenance invoice of $628.19 plus GST. This amount is less than the insurance excesses claimed. At the hearing the landlord sought an order reimbursing one insurance excess of $500.00. This amount is ordered as sought.

Because Reforma P.M. Limited As Agent For Julie Kirsop (Webber Enterprise Ltd) has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5295520 — net $1,414.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5194075 dated 09/05/2025	$398.74	Previous order application 5194075 dated 09/05/2025
Carpet Cleaning	$287.50	Carpet Cleaning
Cleaning	$201.25	Cleaning
Repairs: Insurance excess	$500.00	Repairs: Insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,414.49
Total payable by Tenant to Landlord	$1,414.49

[The tenant/s] tenant/s] must pay Reforma P.M. Limited As Agent For Julie Kirsop (Webber Enterprise Ltd) $1,414.49 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing.

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

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

Is the tenant responsible for the damage to the premises?

Because Reforma P.M. Limited As Agent For Julie Kirsop (Webber Enterprise Ltd) has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5295520 — Property damage at 23 Ennis Avenue, Pakuranga Heights, Auckland 2010

At a glance

Tenancy Tribunal case 5295520 — Property damage at 23 Ennis Avenue, Pakuranga Heights, Auckland 2010

At a glance

Award balance

Claims & awards

Order

Reasons

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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.