What was Tenancy Tribunal case 5297030 about?

The tribunal order states: [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] and [The tenant/s] landlord/s] $1,498.18

How much money was awarded in case 5297030?

Cleaning: $264.50 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $80.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $514.29 awarded to landlord; Blind In The Kitchen: $35.00 awarded to landlord; Curtain Rail - Bedroom: $60.00 awarded to landlord; Property Damage: $1,397.00 awarded to landlord; Replace Furnishings: Curtain: $78.00 awarded to landlord; Replace furnishings: Router/ Chorus…: $150.00 awarded to landlord; Replace furnishings: Rubbish bin in…: $50.00 awarded to landlord; Rubbish Removal: $320.00 awarded to landlord; Smoke Alarms: $21.39 awarded to landlord

What type of tenancy dispute was case 5297030?

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

Where can I read the official tribunal order for case 5297030?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12711952-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5297030 about?

The tribunal order states: [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] and [The tenant/s] landlord/s] $1,498.18

How much money was awarded in case 5297030?

Cleaning: $264.50 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $80.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Rent Arrears: $514.29 awarded to landlord; Blind In The Kitchen: $35.00 awarded to landlord; Curtain Rail - Bedroom: $60.00 awarded to landlord; Property Damage: $1,397.00 awarded to landlord; Replace Furnishings: Curtain: $78.00 awarded to landlord; Replace furnishings: Router/ Chorus…: $150.00 awarded to landlord; Replace furnishings: Rubbish bin in…: $50.00 awarded to landlord; Rubbish Removal: $320.00 awarded to landlord; Smoke Alarms: $21.39 awarded to landlord

What type of tenancy dispute was case 5297030?

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

Where can I read the official tribunal order for case 5297030?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12711952-Tribunal_Order.pdf.

13A Campbell Street, Waiuku, Waiuku 2123 Tenancy Tribunal Case 5297030 — Property damage

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Reasons

Claims and awards in Tenancy Tribunal application 5297030 — net $1,498.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11/6/25	$514.29	Rent arrears to 11/6/25
Repairs: wall and windowsill repair and painting	$1,397.00	Repairs: wall and windowsill repair and painting
Lawns and Garden work	$80.00	Lawns and Garden work
Rubbish removal	$320.00	Rubbish removal
Cleaning	$500.00	Cleaning
Carpet Cleaning	$264.50	Carpet Cleaning
Replace furnishings: Curtain	$78.00	Replace furnishings: Curtain
Repairs: Curtain Rail - bedroom	$60.00	Repairs: Curtain Rail - bedroom
Repairs: Blind in the kitchen	$35.00	Repairs: Blind in the kitchen
Replace furnishings: Router/ Chorus Box	$150.00	Replace furnishings: Router/ Chorus Box
Replace smoke alarms	$21.39	Replace smoke alarms
Replace furnishings: Rubbish bin in the kitchen	$50.00	Replace furnishings: Rubbish bin in the kitchen
Carpet damage – accelerated wear	$200.00	Carpet damage – accelerated wear
Lawns and Garden work: Lawn repair	$200.00	Lawns and Garden work: Lawn repair
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,498.18
Total payable by Tenant to Landlord	$1,498.18

The landlord attended todays in person hearing. The tenant did not attend. As I am satisfied that the tenant has been given notice of today’s hearing I have proceeded in her absence.

The tenancy premises are 4 years old, having been built for the landlord’s family to live in. For the past two and half years the premises have been rented. This tenancy began on the 22 March 2024 and ended on the 11 June this year after the tenant gave notice.

Throughout the tenancy there were problems with the way the tenant lived in and kept the property. The landlord inspected the house at least every three months and gave 14-day notices for cleaning and damage to the property.

On the 12 June, the day after the tenancy ended the landlord conducted a final inspection of the property. The landlord provided that inspection report to the Tribunal along with photographs taken by her that day. The landlord also provided the written inspection reports before and during the tenancy. They describe the condition of the property at each inspection and any damage noted.

The landlord has applied for rent arrears, compensation for cleaning and damage to the property, and reimbursement of the filing fee. The tenant has signed the bond over to the landlord and the landlord seeks orders from the Tribunal so that the bond is applied to the awarded amounts.

How much is owed for rent?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount of rent owed by the tenant is $514.29

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 photographs provided by the landlord shows that the tenant has attempted to clean some areas but not all the property. The landlord acknowledged this by saying that some walls and surfaces had been wiped but not others- again some rooms were vacuumed but in other rooms it is clear that no vacuuming has occurred. The landlord had the property cleaned at a cost of the $690.00. I do not consider that all the cleaning done by the cleaners was necessary to restore the property to a reasonably clean and tidy condition, 1 and therefore I award the landlord $500.00 for cleaning.

The tenant did not remove all rubbish. There was a large pile of rubbish left outside the property. The landlord paid to have this removed and I award the landlord the costs of removal and disposal of $320.00.

The tenant did not leave the lawns and gardens in a reasonable condition. The lawns needed mowing, the garden needed weeding, and the edges needed cutting. I award the landlord the costs incurred of $80.00

The following chattels were missing at the end of the tenancy: A door stop in the master bedroom and a rubbish bin from the kitchen.

The landlord had to replace a missing smoke alarm in the hallway.

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 1 I consider that some of the cleaning would have been to bring the premises up to a higher standard than reasonably clean and tidy. 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: a. Roller blind in the kitchen that was pulled down and was dirty to the point of being unusable. b. Curtain Rail in the bedroom that was pulled away from wall. c. Curtain in the bedroom that was cut. d. Holes in the wall, gouges in the wall, scratches on the window sills – likely to be from cats, marks on the window sills from cups, paint flaking from walls (likely from removal of 3m strips). Gouge marks on skirting boards. e. Chorus Router that was damaged and not working. f. Damage to the front lawn from parking – lawn had to be levelled and reseeded, watered etc. g. Damage to carpet in the hallway- staining from slime.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The landlord sought the cost of carpet replacement for the hall, but I do not consider that the staining is to an extent that the carpet requires replacement. I do however accept that the tenant has caused damage and award the cost of $200 as a nominal award to reflect the accelerated damage to the carpet. The landlord confirmed that the carpet has not been replaced.

The landlord sought $300.00 for the lawn sowing, grass seed, topsoil and going back to the property to water etc. The landlord did this work themselves and had no invoices to support their claim for this loss. In the absence of such invoices for the topsoil and seed, I award the landlord $200.00 for this damage.

I have taken into account betterment and depreciation. 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, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Claims not proven.

The landlord’s claim for the toilet replacement is not proven. I do not consider it likely that the tenant caused the discoloration to the bowl over the tenancy, even if it was not cleaned as often or as thoroughly as it should have been. There was no evidence that supported the landlord’s proposition that the tenant’s children likely caused damage to the cistern, there was no damage to the front of the cistern, and the landlord’s proposition was speculative as to what might have occurred. I would expect a toilet that is only 4 years old not to discolour, or to break. The toilet is still functional and does not need to be replaced. The new tenants are using the toilet. The filing fee

As the landlord has been mostly successful in their claim, I award the landlord the filing fee.

On the 13 November 2025 I issued an amended order as the table in my previous order did not take into account the award made in paragraph 22 of the decision.

Reasons

Claims and awards in Tenancy Tribunal application 5297030 — net $1,498.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11/6/25	$514.29	Rent arrears to 11/6/25
Repairs: wall and windowsill repair and painting	$1,397.00	Repairs: wall and windowsill repair and painting
Lawns and Garden work	$80.00	Lawns and Garden work
Rubbish removal	$320.00	Rubbish removal
Cleaning	$500.00	Cleaning
Carpet Cleaning	$264.50	Carpet Cleaning
Replace furnishings: Curtain	$78.00	Replace furnishings: Curtain
Repairs: Curtain Rail - bedroom	$60.00	Repairs: Curtain Rail - bedroom
Repairs: Blind in the kitchen	$35.00	Repairs: Blind in the kitchen
Replace furnishings: Router/ Chorus Box	$150.00	Replace furnishings: Router/ Chorus Box
Replace smoke alarms	$21.39	Replace smoke alarms
Replace furnishings: Rubbish bin in the kitchen	$50.00	Replace furnishings: Rubbish bin in the kitchen
Carpet damage – accelerated wear	$200.00	Carpet damage – accelerated wear
Lawns and Garden work: Lawn repair	$200.00	Lawns and Garden work: Lawn repair
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,498.18
Total payable by Tenant to Landlord	$1,498.18

The landlord attended todays in person hearing. The tenant did not attend. As I am satisfied that the tenant has been given notice of today’s hearing I have proceeded in her absence.

How much is owed for rent?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount of rent owed by the tenant is $514.29

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

The following chattels were missing at the end of the tenancy: A door stop in the master bedroom and a rubbish bin from the kitchen.

The landlord had to replace a missing smoke alarm in the hallway.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

As the landlord has been mostly successful in their claim, I award the landlord the filing fee.

On the 13 November 2025 I issued an amended order as the table in my previous order did not take into account the award made in paragraph 22 of the decision.

Tenancy Tribunal case 5297030 — Property damage at 13A Campbell Street, Waiuku, Waiuku 2123

At a glance

Tenancy Tribunal case 5297030 — Property damage at 13A Campbell Street, Waiuku, Waiuku 2123

At a glance

Award balance

Claims & awards

Order

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

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

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

Reduce avoidable tribunal risk with proper tenant checks.