How much money was awarded in case 5299901?

Cleaning: $626.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5239054 D…: $3,977.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Dryer Door: $163.82 awarded to landlord; Property Damage: $360.00 awarded to landlord; Rubbish Removal: $1,304.30 awarded to landlord

What type of tenancy dispute was case 5299901?

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

Where can I read the official tribunal order for case 5299901?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12291189-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5299901?

Cleaning: $626.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5239054 D…: $3,977.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Dryer Door: $163.82 awarded to landlord; Property Damage: $360.00 awarded to landlord; Rubbish Removal: $1,304.30 awarded to landlord

What type of tenancy dispute was case 5299901?

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

Where can I read the official tribunal order for case 5299901?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12291189-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5299901 — Cleanliness

Q: What was Tenancy Tribunal case 5299901 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 5299901 — net $6,559.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5239054 dated 05/06/2025	$3,977.00	Previous order application 5239054 dated 05/06/2025
Cleaning	$626.75	Cleaning
Rubbish removal	$1,304.30	Rubbish removal
Compensation carpet damage	$100.00	Compensation carpet damage
Repairs: Dryer door	$163.82	Repairs: Dryer door
Repairs: Hole in bedroom door & damaged kitchen bench top	$360.00	Repairs: Hole in bedroom door & damaged kitchen bench top
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$6,559.87
Total payable by Tenant to Landlord	$6,559.87

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

Ryan David Peat and Sky Rees Kiddle must pay [The landlord/s] $6,559.87 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 5 June 2025 under application 5239054.

All other claims are dismissed.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.

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

The tenancy ended by mutual agreement on 6 June 2025 as recorded in a mediated order under application 5239054. The order also recorded rent arrears and the filing fee owed at the termination date after refund of the bond. The previous order is incorporated into this order for enforcement purposes.

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 (RTA).

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish as shown in the photos produced in evidence.

The landlord obtained a quote for cleaning the premises but then did the work himself with the assistance of family and friends. However, he seeks the quoted amount as compensation for their time. A landlord is not automatically entitled to recover an amount based on a quote from a contractor who does not actually do the work. However, a landlord can charge their time for cleaning and repairs provided the costs sought are reasonable and justified. In this case, based on the photo evidence and the amount of work required, I accept that the quoted amount is a reasonable award.

The amount claimed for rubbish removal is also proved.

The landlord says that the tenant did not return all the keys and he had to replace one of the barrels. However, he did not provide any evidence such as a receipt for the costs incurred. Therefore, the claim is dismissed.

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.

The following damage was caused during the tenancy: Cigarette burns on the carpet throughout the house; Damaged dryer door; hole in bedroom door; damage to kitchen bench top. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered for the repairs are proved.

In relation to the carpet, the landlord noted that it was about 10 years old and he has since replaced the carpet throughout the house. He does not seek full replacement costs but a nominal contribution towards compensation for the damage of $100 which I consider reasonable and justified. Is the tenant liable for loss of rent

The landlord seeks two weeks loss of rent as compensation for the time that the house could not be rented while cleaning and repairs were completed.

The landlord says that the has in fact lost much more because the premises are still not re-rented. However, he has taken the opportunity to refurbish the premises by re-carpeting and painting throughout. He says that the cleaning and repair work claimed against the tenants would have taken about 3 weeks to complete. The invoices submitted for claims against the tenants are dated more than a month after the tenancy ended which indicates that the landlord has perhaps addressed other refurbishment work first.

The general law provides that if an applicant has suffered damage that is not too remote, then they must, so far as money can do it, be restored to the position they would have been in had the breach not occurred. However, compensation cannot be recovered for all types of damage and a line must be drawn somewhere. Therefore, the law does not provide for compensation where the damage is considered too remote, Recovery is limited to actual loss resulting from the breach that was reasonably foreseeable when the contract was made.

I am satisfied in this case that a reasonable person would foresee that the premises may not be able to be re-let immediately where this type of damage occurred requiring cleaning and repairs. In addition, a landlord cannot expect that premises will always be re-let immediately after the end of a tenancy. A reasonable landlord would foresee in the ordinary course that there will be periods during which the premises are not available to be let for a variety of reasons, including maintenance and repairs, even if caused by the actions of a tenant. In this case the landlord has taken the opportunity to significantly refurbish the premises. I consider this is part of a normal program of long-term maintenance required from time to time. In those circumstances, I am not satisfied that the landlord is entitled to claim loss of rent from the tenants and the claim is dismissed.

The landlord has substantially succeeded with the claims and is entitled to suppression of their name and identifying details, as requested, and to reimbursement of the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5299901 — net $6,559.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5239054 dated 05/06/2025	$3,977.00	Previous order application 5239054 dated 05/06/2025
Cleaning	$626.75	Cleaning
Rubbish removal	$1,304.30	Rubbish removal
Compensation carpet damage	$100.00	Compensation carpet damage
Repairs: Dryer door	$163.82	Repairs: Dryer door
Repairs: Hole in bedroom door & damaged kitchen bench top	$360.00	Repairs: Hole in bedroom door & damaged kitchen bench top
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$6,559.87
Total payable by Tenant to Landlord	$6,559.87

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

Ryan David Peat and Sky Rees Kiddle must pay [The landlord/s] $6,559.87 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 5 June 2025 under application 5239054.

All other claims are dismissed.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.

The landlord has applied for rent arrears, compensation, refund of the bond, 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?

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish as shown in the photos produced in evidence.

The amount claimed for rubbish removal is also proved.

Is the tenant responsible for the damage to the premises?

The amounts ordered for the repairs are proved.

The landlord seeks two weeks loss of rent as compensation for the time that the house could not be rented while cleaning and repairs were completed.

The landlord has substantially succeeded with the claims and is entitled to suppression of their name and identifying details, as requested, and to reimbursement of the filing fee.

Tenancy Tribunal case 5299901 — Cleanliness

At a glance

Tenancy Tribunal case 5299901 — Cleanliness

At a glance

Award balance

Claims & awards

Dismissed claims

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

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

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

Frequently asked questions