How much money was awarded in case 5298380?

Cleaning: $780.74 awarded to landlord; Property Damage: $227.06 awarded to landlord; Rent Credit: $240.00 awarded to tenant; Rubbish Removal: $1,362.33 awarded to landlord; Rubbish Removal: $1,477.08 awarded to landlord

What type of tenancy dispute was case 5298380?

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

Where can I read the official tribunal order for case 5298380?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12483581-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5298380?

Cleaning: $780.74 awarded to landlord; Property Damage: $227.06 awarded to landlord; Rent Credit: $240.00 awarded to tenant; Rubbish Removal: $1,362.33 awarded to landlord; Rubbish Removal: $1,477.08 awarded to landlord

What type of tenancy dispute was case 5298380?

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

Where can I read the official tribunal order for case 5298380?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12483581-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5298380 — Cleanliness

Q: What was Tenancy Tribunal case 5298380 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5298380 — net $3,397.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$780.74		Cleaning
Rubbish removal: exterior including grounds maintenance	$1,362.33		Rubbish removal: exterior including grounds maintenance
Rubbish removal: interior	$1,477.08		Rubbish removal: interior
Repairs	$227.06		Repairs
Rent credit		$240.00	Rent credit
Total award	$3,847.21	$240.00
Net award	$3,397.21
Total payable by Tenant to Landlord	$3,397.21

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.

[The tenant/s] must pay Kāinga Ora–Homes And Communities $3,397.21 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $210.00 ([Bond number suppressed]) to Kāinga Ora–Homes And Communities immediately.

Reasons

Mr Campbell appeared for the landlord. The tenant also appeared. Both attended the hearing by telephone.

The tenancy commenced on 12 April 2018. The tenant is a single parent residing at the property with five children and elderly relative. The tenant gave notice to move to another property managed by the landlord. The tenancy ended on 10 May 2025. On 1 July 2025, the landlord filed a claim seeking compensation for cleaning, rubbish removal, and repairs. Cleaning and rubbish removal

The landlord is claiming $780.74 for cleaning, $1,477.08 for removal of rubbish from the interior of the property, and $1,362.33 for removal of rubbish from the exterior, which includes reinstating the lawns and gardens.

The landlord is claiming $780.74 for cleaning, $1,477.08 for removal of rubbish from the interior of the property, and $1,362.33 for removal of rubbish from the exterior which includes reinstating the lawns and gardens.

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 (Act).

The Act does not require the property to be returned in spotless or immaculate condition. The reasonably clean and tidy standard is based on what an average bystander would consider reasonable, and not on the subjective opinions of the landlord and tenant. There is no precise test. Whether the tenant has failed to meet their obligations will involve an objective assessment of the evidence.

The property is modern, with four bedrooms, a family bathroom, an ensuite, a kitchen, a lounge/dining room, and an internal garage. The landlord has provided both a pre-tenancy inspection report and an end-of-tenancy report, each of which contains photographs.

The tenant stated that the end of the tenancy was rushed and that they would have liked to return the property cleaner and remove rubbish to a skip bin provided by the landlord. Unfortunately, this did not occur.

I am satisfied that the tenant has not returned the property in a reasonably clean and tidy condition, nor removed all rubbish. No cleaning was undertaken. A significant amount of old furniture and other household rubbish was left behind. There was also rubbish outside the house, and the lawns and gardens required reinstating. The amounts ordered are reasonable and have been proved. Damage

The landlord is claiming $227.06 to repair holes in the walls, which they state occurred during the tenancy and are more than fair wear and tear.

To succeed with a claim for damage the landlord must prove that damage 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. See sections 40(2)(a), 41 and 49B of the Act.

Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. See Taylor v Webb [1937] 2KB 283 (CA).

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) of the Act.

In dealing with the issue of carelessness the question is whether the tenant was exercising a degree of care and attention that a reasonable and prudent tenant would exercise in the circumstances. The test is objective and not based on the subjective opinion of the tenant or landlord.

Awarding compensation for damage the Tribunal must also consider 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 betterment and depreciation, the Tribunal must consider the age and condition of the items concerned at the start of the tenancy and their estimated useful lifespan.

A before-and-after comparison can be conducted using the pre-tenancy and end-of-tenancy inspection reports. I am satisfied that the damage occurred during the tenancy and that it is more than fair wear and tear. The tenant states that the damage was caused by the occupants. I am satisfied that the damage was likely the result of carelessness. The landlord does not have insurance for damage caused by tenants. The amount claimed per damaged area is less than four weeks’ market rent. Only the damaged areas were repaired, and I make no deduction for betterment. Name suppression.

Under section 95A of the Act, the Tribunal must, unless there are reasons not to, order suppression of the name and details of any party who has been wholly or substantially successful. Although entitled to name suppression, the landlord does not seek it. Section 95A (4) provides the Tribunal with discretion to suppress the name and details of a party who has not been wholly or substantially successful. Having considered the tenant’s personal circumstances, I am satisfied that there are grounds to exercise that discretion, and the Tribunal orders suppression of the tenant’s name.

Order

Claims and awards in Tenancy Tribunal application 5298380 — net $3,397.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$780.74		Cleaning
Rubbish removal: exterior including grounds maintenance	$1,362.33		Rubbish removal: exterior including grounds maintenance
Rubbish removal: interior	$1,477.08		Rubbish removal: interior
Repairs	$227.06		Repairs
Rent credit		$240.00	Rent credit
Total award	$3,847.21	$240.00
Net award	$3,397.21
Total payable by Tenant to Landlord	$3,397.21

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.

[The tenant/s] must pay Kāinga Ora–Homes And Communities $3,397.21 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $210.00 ([Bond number suppressed]) to Kāinga Ora–Homes And Communities immediately.

Reasons

Mr Campbell appeared for the landlord. The tenant also appeared. Both attended the hearing by telephone.

The landlord is claiming $227.06 to repair holes in the walls, which they state occurred during the tenancy and are more than fair wear and tear.

Tenancy Tribunal case 5298380 — Cleanliness

At a glance

Tenancy Tribunal case 5298380 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions