What was Tenancy Tribunal case 5298582 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 5298582?

Cleaning: $200.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $40.00 awarded to landlord; Rent Arrears: $2,500.00 awarded to landlord; Ceramic Cooktop: $488.75 awarded to landlord; Shower Glass: $488.75 awarded to landlord; Water Rates: $516.32 awarded to landlord

What type of tenancy dispute was case 5298582?

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

Where can I read the official tribunal order for case 5298582?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12530722-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5298582 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 5298582?

Cleaning: $200.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $40.00 awarded to landlord; Rent Arrears: $2,500.00 awarded to landlord; Ceramic Cooktop: $488.75 awarded to landlord; Shower Glass: $488.75 awarded to landlord; Water Rates: $516.32 awarded to landlord

What type of tenancy dispute was case 5298582?

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

Where can I read the official tribunal order for case 5298582?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12530722-Tribunal_Order_Redacted.pdf.

Unit/Flat A, 2 Awatere Street, Clover Park, Auckland 2023 Tenancy Tribunal Case 5298582 — Rent arrears

Claims and awards in Tenancy Tribunal application 5298582 — net $1,561.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 June 2024	$2,500.00	Rent arrears to 9 June 2024
Water rates 11/10/2024 – 12/06/2025	$516.32	Water rates 11/10/2024 – 12/06/2025
Repairs: Shower glass	$488.75	Repairs: Shower glass
Repairs: Ceramic cooktop	$488.75	Repairs: Ceramic cooktop
Cleaning	$200.00	Cleaning
Lawns and Garden work	$40.00	Lawns and Garden work
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,561.82
Total payable by Tenant to Landlord	$1,561.82

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Tamara Moses and Iritana Wikitoria Conney rose Selwyn-Atama must pay [The landlord/s] $1,561.82 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,700.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing on 8 October 2025. The tenant did not.
The landlord has applied for rent arrears, outgoings, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much does the tenant owe in rent arrears?

The tenancy ended on 9 June 2025. The landlord submitted a rent summary, which records rent arrears as being $2,500.00 up to this date.
I accept the landlord’s rent summary as accurate and grant their claim for rent arrears for $2,500.00.

How much does the tenant owe in outstanding water rates invoices?

The landlord claims the tenant owes $516.32 in outstanding water rates invoices. The landlord submitted original copies of invoices from Watercare, together with an invoice summary. These documents prove the tenant owes $526.32 in outstanding water rates invoices.

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

The law

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. 1
“Reasonably” clean means clean to the standard an average, reasonable bystander would consider reasonable. 2 It does not mean commercially clean, 3 spotless 4 or to a hotel or motel standard. 5 The better the premises and the higher the rent payable, the higher the standard expected. 6
The term “premises” includes “any land and appurtenances, other than facilities.” Therefore, the obligation to leave the premises reasonably clean and tidy relates to the inside and outside of the property. 1 Residential Tenancies Act 1986, section 40(1)(e)(ii) – (v). 2 Housing New Zealand v Holloway NZTT Auckland TT215/93, 8 February 1993 at [8]. 3 Mills v Kiwi Property Care Ltd NZTT Auckland TT215/93, 8 February 1993 at [8]. 4 Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 5 Richards v Scully NZTT Christchurch TT858/97, 8 May 1997 at [3]; Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 6 Westwood v Western [1994] DCR 759 at [770]. Analysis
The landlord submitted photographs taken at the end of the tenancy. Overall, the premises appear reasonably clean and tidy however, the oven is dirty, and some small items have been left in the kitchen shelves. The outdoor rubbish bins are full, and some miscellaneous items have been left next to them. The lawns are also overgrown.
I find the tenant did not leave the oven or kitchen shelves reasonably clean and tidy. I also find the tenant did not remove all rubbish or leave the lawns reasonably clean and tidy.
The landlord submitted an invoice for $402.00 to clean the premises. The invoice includes removing the rubbish and cleaning the entire house, including the kitchen, oven, ceilings and walls. I have only found that the tenant did not leave the kitchen shelves and oven reasonably clean and tidy. The rest of the inside of the premises is reasonably clean and tidy. I have also found the tenant did not remove all rubbish. Therefore, the landlord’s claim for compensation is granted for a portion of the invoice. I consider $200.00 to be reasonable.
The landlord submitted an invoice for $40.00 to mow the lawns, which I grant in full.

Is the tenant responsible for damaging the premises?

The law

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 the did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. 7
Fair wear and tear has been defined as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant. 8
The landlord claims the tenant is responsible for damaging the shower glass and ceramic cooktop. 7 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. 8 See discussion in Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403. Analysis
The landlord submitted photographs taken at the beginning of the tenancy. The shower glass and ceramic cooktop are fully intact. In contrast, the photographs taken at the end of the tenancy show a glass panel in the shower is missing and a large chunk has been taken out of the ceramic cooktop.
A comparison of the photographs taken at the beginning and end of the tenancy, convince me on the balance of probabilities that the shower and ceramic cooktop were damaged during the tenancy. The damage is beyond fair wear and tear, and the tenant has not disproved liability.
The landlord submitted an invoice for $488.75 to replace the shower glass and $522.00 to replace the ceramic cooktop.
The landlord did not file a claim with their insurer, because their excess is $550.00.
The landlord gave evidence the premises were newly built before the tenancy began. I accept the landlord’s evidence on this point. The photographs taken at the beginning of the tenancy show the house is in good condition. The interior is new and modern.
The ceramic cooktop was one and a half years old at the end of the tenancy. This means any reduction for betterment and depreciation should be kept at a minimum. The landlord should be returned to the same position they would have been in had the tenant not breached their obligations and must not be any better or worse off. Considering the age of the ceramic cooktop, I find a reduction of $50.00 to be reasonable.
The landlord’s claim for compensation to replace the ceramic cooktop is granted for $472.00.
The landlord’s claim for compensation to repair the shower glass is granted for $488.75.
The amounts ordered are proved. Filing fee & name suppression
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason, I must grant their request for name suppression.

Claims and awards in Tenancy Tribunal application 5298582 — net $1,561.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 June 2024	$2,500.00	Rent arrears to 9 June 2024
Water rates 11/10/2024 – 12/06/2025	$516.32	Water rates 11/10/2024 – 12/06/2025
Repairs: Shower glass	$488.75	Repairs: Shower glass
Repairs: Ceramic cooktop	$488.75	Repairs: Ceramic cooktop
Cleaning	$200.00	Cleaning
Lawns and Garden work	$40.00	Lawns and Garden work
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,561.82
Total payable by Tenant to Landlord	$1,561.82

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Tamara Moses and Iritana Wikitoria Conney rose Selwyn-Atama must pay [The landlord/s] $1,561.82 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,700.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing on 8 October 2025. The tenant did not.
The landlord has applied for rent arrears, outgoings, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much does the tenant owe in rent arrears?

The tenancy ended on 9 June 2025. The landlord submitted a rent summary, which records rent arrears as being $2,500.00 up to this date.
I accept the landlord’s rent summary as accurate and grant their claim for rent arrears for $2,500.00.

How much does the tenant owe in outstanding water rates invoices?

The landlord claims the tenant owes $516.32 in outstanding water rates invoices. The landlord submitted original copies of invoices from Watercare, together with an invoice summary. These documents prove the tenant owes $526.32 in outstanding water rates invoices.

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

The law

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. 1
“Reasonably” clean means clean to the standard an average, reasonable bystander would consider reasonable. 2 It does not mean commercially clean, 3 spotless 4 or to a hotel or motel standard. 5 The better the premises and the higher the rent payable, the higher the standard expected. 6
The term “premises” includes “any land and appurtenances, other than facilities.” Therefore, the obligation to leave the premises reasonably clean and tidy relates to the inside and outside of the property. 1 Residential Tenancies Act 1986, section 40(1)(e)(ii) – (v). 2 Housing New Zealand v Holloway NZTT Auckland TT215/93, 8 February 1993 at [8]. 3 Mills v Kiwi Property Care Ltd NZTT Auckland TT215/93, 8 February 1993 at [8]. 4 Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 5 Richards v Scully NZTT Christchurch TT858/97, 8 May 1997 at [3]; Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 6 Westwood v Western [1994] DCR 759 at [770]. Analysis
The landlord submitted photographs taken at the end of the tenancy. Overall, the premises appear reasonably clean and tidy however, the oven is dirty, and some small items have been left in the kitchen shelves. The outdoor rubbish bins are full, and some miscellaneous items have been left next to them. The lawns are also overgrown.
I find the tenant did not leave the oven or kitchen shelves reasonably clean and tidy. I also find the tenant did not remove all rubbish or leave the lawns reasonably clean and tidy.
The landlord submitted an invoice for $402.00 to clean the premises. The invoice includes removing the rubbish and cleaning the entire house, including the kitchen, oven, ceilings and walls. I have only found that the tenant did not leave the kitchen shelves and oven reasonably clean and tidy. The rest of the inside of the premises is reasonably clean and tidy. I have also found the tenant did not remove all rubbish. Therefore, the landlord’s claim for compensation is granted for a portion of the invoice. I consider $200.00 to be reasonable.
The landlord submitted an invoice for $40.00 to mow the lawns, which I grant in full.

Is the tenant responsible for damaging the premises?

The law

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 the did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. 7
Fair wear and tear has been defined as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant. 8
The landlord claims the tenant is responsible for damaging the shower glass and ceramic cooktop. 7 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. 8 See discussion in Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403. Analysis
The landlord submitted photographs taken at the beginning of the tenancy. The shower glass and ceramic cooktop are fully intact. In contrast, the photographs taken at the end of the tenancy show a glass panel in the shower is missing and a large chunk has been taken out of the ceramic cooktop.
A comparison of the photographs taken at the beginning and end of the tenancy, convince me on the balance of probabilities that the shower and ceramic cooktop were damaged during the tenancy. The damage is beyond fair wear and tear, and the tenant has not disproved liability.
The landlord submitted an invoice for $488.75 to replace the shower glass and $522.00 to replace the ceramic cooktop.
The landlord did not file a claim with their insurer, because their excess is $550.00.
The landlord gave evidence the premises were newly built before the tenancy began. I accept the landlord’s evidence on this point. The photographs taken at the beginning of the tenancy show the house is in good condition. The interior is new and modern.
The ceramic cooktop was one and a half years old at the end of the tenancy. This means any reduction for betterment and depreciation should be kept at a minimum. The landlord should be returned to the same position they would have been in had the tenant not breached their obligations and must not be any better or worse off. Considering the age of the ceramic cooktop, I find a reduction of $50.00 to be reasonable.
The landlord’s claim for compensation to replace the ceramic cooktop is granted for $472.00.
The landlord’s claim for compensation to repair the shower glass is granted for $488.75.
The amounts ordered are proved. Filing fee & name suppression
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason, I must grant their request for name suppression.

Tenancy Tribunal case 5298582 — Rent arrears at Unit/Flat A, 2 Awatere Street, Clover Park, Auckland 2023

At a glance

Tenancy Tribunal case 5298582 — Rent arrears at Unit/Flat A, 2 Awatere Street, Clover Park, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe in rent arrears?

How much does the tenant owe in outstanding water rates invoices?

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

Is the tenant responsible for damaging the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe in rent arrears?

How much does the tenant owe in outstanding water rates invoices?

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

Is the tenant responsible for damaging the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions