How much money was awarded in case 5300062?

Cleaning: $920.00 awarded to landlord; Cleaning: $149.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $74.75 awarded to landlord; Carpet: $800.00 awarded to landlord; Door: $178.25 awarded to landlord; Fuses: $258.75 awarded to landlord; Insulation: $2,174.36 awarded to landlord; Painting And Sealing: $575.00 awarded to landlord; Replace furnishings: curtains and bl…: $345.00 awarded to landlord

What type of tenancy dispute was case 5300062?

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

Where can I read the official tribunal order for case 5300062?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12667922-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5300062?

Cleaning: $920.00 awarded to landlord; Cleaning: $149.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $74.75 awarded to landlord; Carpet: $800.00 awarded to landlord; Door: $178.25 awarded to landlord; Fuses: $258.75 awarded to landlord; Insulation: $2,174.36 awarded to landlord; Painting And Sealing: $575.00 awarded to landlord; Replace furnishings: curtains and bl…: $345.00 awarded to landlord

What type of tenancy dispute was case 5300062?

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

Where can I read the official tribunal order for case 5300062?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12667922-Tribunal_Order_Redacted.pdf.

[suppressed] Tenancy Tribunal Case 5300062 — Property damage

Q: What was Tenancy Tribunal case 5300062 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 5300062 — net $4,183.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$920.00	Cleaning
Lock/key replacement	$74.75	Lock/key replacement
Cleaning: waterblasting	$149.50	Cleaning: waterblasting
Repairs: carpet	$800.00	Repairs: carpet
Repairs: insulation	$2,174.36	Repairs: insulation
Repairs: painting and sealing	$575.00	Repairs: painting and sealing
Repairs: door	$178.25	Repairs: door
Replace furnishings: curtains and blinds	$345.00	Replace furnishings: curtains and blinds
Repairs: fuses	$258.75	r permission, were responsible for the damage to the fuses. I order them to pay $258.75 replacement costs.
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,183.61
Total payable by Tenant to Landlord	$4,183.61

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

Andrew Ross McKay and Tracy lee Torrey must pay [The landlord/s] $4,165.36 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,320.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing, the landlord represented by Mr N.

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

The tenancy began on 26 October 2018. Earlier this year, the tenants told the landlord they were going to vacate. There were asked to provide written notice but did not do so. The landlord rang several times, but still no written notice was received. The tenants paid rent to 15 May 2025.

The landlord did not have a spare key. They asked the tenant for the keys, and the tenants said they would drop them off, but did not do so. Eventually on 6 June 2025 had a locksmith change the locks and enable access to the property.

The landlord has treated 15 May 2025 as the end of the tenancy.

It is arguable that the landlord should have applied to the Tribunal to terminate the tenancy in order to take possession, but if they had done so, the tenants would have been liable for more rent, possibly as far as the end of June. The landlords have attempted to mitigate their loss.

During the tenancy, the tenants had 15 cats at the property. They caused considerable damage. There had been previous discussions with the tenants about this. The tenants had removed the lounge carpet and said they would replace it.

The landlord described the state of the premises at the end of the tenancy as heavily soiled with cat faeces and blood on the carpets and curtains. There was a pungent smell of cat urine.

The cats had damaged the insulation under the house where some mummified cats were also found. There were 5 or 6 live cats left behind. The tenants had been dropping off food for them.

Most of the compensation claimed by the landlord relates to soiling and the damage caused by the cats.

The landlord provided invoices and sought reimbursement for the following: Lock/key replacement$74.75 Cleaning$920.00 Waterblasting$149.50 Repairs: painting and sealing$575.00 Replacement carpet and vinyl$4,623.00 Replacement insulation$2,174.36 Replacement door$178.25 Replace furnishings: curtains and blinds$690.00 Repairs: fuses$258.75 Filing fee reimbursement$28.00 TOTAL$9,671.61

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 and remove all rubbish and return the keys. See section 40(1)(e) Residential Tenancies Act 1986.

The tenant did not return the keys.

The tenants said that they had paid someone to clean the property. It is evident from the photographs provided that no cleaning had taken place for some time. The walls and floors were all filthy.

The invoice for $920 for cleaning includes a specialist clean of cat faeces and urine on walls, and hard floors after the carpet was removed. It records that the carpet smooth edge bars were covered and saturated in cat urine.

The landlord sought a contribution to water-blasting outside the property. The tenants’ share relates to urine smells at the entrances. The amount of $149.50 is ordered.

The landlord also submitted an invoice for lock replacement at $65 plus GST, which comes to $74.75.

The amounts ordered are proved. Damage and repairs

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.

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 person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

There is no dispute that the following damage was caused during the tenancy: a. the floors and walls were damaged by cat urine and so had to be sealed and painted. b. the carpet and underlay had been damaged by cat urine and had to be replaced. c. an internal door had also been damaged with urine and scratching and had to be replaced. d. the curtains were soiled with faeces and blood and had to be replaced.

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

I accept the landlord’s submission that the damage is intentional. The tenants allowed a situation to continue where their cats were causing damage to the property.

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.

The floor coverings were not new at the start of the tenancy. Under the IRD depreciation guide, carpet in a rental property depreciates to zero over eight years. I accept that most carpet would not require replacement at the end of that period. But for the conduct of the tenants, the carpet should not have needed replacement. I have decided that they should contribute $800 to the replacement cost of the floor coverings. That represents about 20%.

I have also made some reduction for the curtains. Given the state of the premises, it was entirely reasonable that they should be replaced. Cleaning would not have been appropriate for the nature of the soiling. They were not new at the start of and so the tenants must contribute 50% of the replacement costs. That comes to $345.00.

The tenants disputed that their cats were responsible for damage to the insulation.

The landlord also claimed the underfloor insulation had been pulled down by cats and used as a bed. It had to be replaced. The landlord produced a photo of three mummified cats found amidst the insulation. An insulation assessment of August 2024 also referred to the insulation having been ripped out by cats.

I find it more likely than not that the damage caused to the insulation was cased by the cats.

The insulation should not have required replacement and should be expected to last for a lot longer. The tenants are responsible for the full replacement cost of the insulation. They must also bear the full cost of painting and sealing and the replacement door. This would not have been required if there had not been such excessive soiling and urination by the cats.

I order the full replacement cost of $2,174.36.

The final issue concerns the outdoor fuses. The landlord says they had been removed and placed inside the house. They cannot be simply put back, but have to be replaced.

The tenants denied touching the fuses.

The landlord says they must be responsible for the damage to the fuses because they were found inside the house which had been left locked by the tenants. The landlord did not have a key.

While it is difficult to understand why the tenants would have interfered with the fuses, I find it is more likely than not that they, or someone at the premises with their consent or permission, were responsible for the damage to the fuses. I order them to pay $258.75 replacement costs.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5300062 — net $4,183.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$920.00	Cleaning
Lock/key replacement	$74.75	Lock/key replacement
Cleaning: waterblasting	$149.50	Cleaning: waterblasting
Repairs: carpet	$800.00	Repairs: carpet
Repairs: insulation	$2,174.36	Repairs: insulation
Repairs: painting and sealing	$575.00	Repairs: painting and sealing
Repairs: door	$178.25	Repairs: door
Replace furnishings: curtains and blinds	$345.00	Replace furnishings: curtains and blinds
Repairs: fuses	$258.75	r permission, were responsible for the damage to the fuses. I order them to pay $258.75 replacement costs.
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,183.61
Total payable by Tenant to Landlord	$4,183.61