What was Tenancy Tribunal case 5302074 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 5302074?

Bailiff Charges: $323.00 awarded to landlord; Cleaning: $280.00 awarded to landlord; Cleaning: $621.00 awarded to landlord; Lawns and Garden Work: $322.00 awarded to landlord; Property Damage: $189.75 awarded to landlord; Bidet Hose Fix And Shelf: $103.50 awarded to landlord; Water Rates: $435.76 awarded to landlord

What type of tenancy dispute was case 5302074?

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

Where can I read the official tribunal order for case 5302074?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12683983-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5302074 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 5302074?

Bailiff Charges: $323.00 awarded to landlord; Cleaning: $280.00 awarded to landlord; Cleaning: $621.00 awarded to landlord; Lawns and Garden Work: $322.00 awarded to landlord; Property Damage: $189.75 awarded to landlord; Bidet Hose Fix And Shelf: $103.50 awarded to landlord; Water Rates: $435.76 awarded to landlord

What type of tenancy dispute was case 5302074?

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

Where can I read the official tribunal order for case 5302074?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12683983-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5302074 — Cleanliness

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New Zealand Tenancy Tribunal Case 5302074 — Cleanliness | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5302074 — net $2,275.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$435.76	Water rates
Lock/key replacement	$189.75	Lock/key replacement
Cleaning	$621.00	Cleaning
Carpet Cleaning	$280.00	Carpet Cleaning
Lawns and Garden work	$322.00	Lawns and Garden work
Repairs: Bidet hose fix and shelf	$103.50	Repairs: Bidet hose fix and shelf
Bailiff charges	$323.00	Bailiff charges
Net award	$2,275.01
Total payable by Tenant to Landlord	$2,275.01

Claims and awards for application 5302074 — net $2,275.01 NZD. Verify on MoJ.

Water rates

Amount: $435.76
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $189.75
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $621.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $280.00
Awarded to: Landlord
Reason: Carpet Cleaning

Lawns and Garden work

Amount: $322.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: Bidet hose fix and shelf

Dismissed claims

Rent Arrears

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Lawns And Garden Work Property damage Water Rates Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Reureu Tapaitau and Thomas Keat must pay [The landlord/s] $2,275.01 immediately..

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for rent arrears, water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 29 April 2025. The Tenant did not vacate until 29 April 2025. The landlord sought rent arrears from 19 March 2025 when the tenancy was terminated to 29 April 2025 however no rent summary was provided to substantiate the rent arrears for that period. The claim is dismissed.
The Landlord provided water rates invoices which prove the amount owing at the end of the tenancy.
The amounts ordered are proved.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpet also required cleaning due to staining. The garden required weeding and maintenance. Invoices were provided for the cleaning and gardening.
The tenant did not return the keys. An invoice was provided by the locksmith.
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 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.
The following damage was caused during the tenancy: Damage to the bidet hose and shelf The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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 Landlord also sought compensation for the bailiff charges.
The amounts ordered are proved.
As [The applicant/s] has substantially succeeded with the claim the tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5302074 — net $2,275.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$435.76	Water rates
Lock/key replacement	$189.75	Lock/key replacement
Cleaning	$621.00	Cleaning
Carpet Cleaning	$280.00	Carpet Cleaning
Lawns and Garden work	$322.00	Lawns and Garden work
Repairs: Bidet hose fix and shelf	$103.50	Repairs: Bidet hose fix and shelf
Bailiff charges	$323.00	Bailiff charges
Net award	$2,275.01
Total payable by Tenant to Landlord	$2,275.01

Claims and awards for application 5302074 — net $2,275.01 NZD. Verify on MoJ.

Water rates

Amount: $435.76
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $189.75
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $621.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $280.00
Awarded to: Landlord
Reason: Carpet Cleaning

Lawns and Garden work

Amount: $322.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: Bidet hose fix and shelf

Dismissed claims

Rent Arrears

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Lawns And Garden Work Property damage Water Rates Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Reureu Tapaitau and Thomas Keat must pay [The landlord/s] $2,275.01 immediately..

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for rent arrears, water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 29 April 2025. The Tenant did not vacate until 29 April 2025. The landlord sought rent arrears from 19 March 2025 when the tenancy was terminated to 29 April 2025 however no rent summary was provided to substantiate the rent arrears for that period. The claim is dismissed.
The Landlord provided water rates invoices which prove the amount owing at the end of the tenancy.
The amounts ordered are proved.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpet also required cleaning due to staining. The garden required weeding and maintenance. Invoices were provided for the cleaning and gardening.
The tenant did not return the keys. An invoice was provided by the locksmith.
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 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.
The following damage was caused during the tenancy: Damage to the bidet hose and shelf The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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 Landlord also sought compensation for the bailiff charges.
The amounts ordered are proved.
As [The applicant/s] has substantially succeeded with the claim the tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Tenancy Tribunal case 5302074 — Cleanliness

At a glance

Tenancy Tribunal case 5302074 — Cleanliness

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

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

How much is owed for rent and water rates?

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