Published tribunal order
Tenancy Tribunal case 5303618 — Tenancy dispute at 58 Hillcrest Road, Papatoetoe, Auckland 2025
Decided 18 Nov 2025 · Published 18 Nov 2025 · Application 5303618
- Carpet Cleaning
- Filing Fee
- Mould & damp
- Property damage
Order
- [The tenant/s] and [The tenant/s] must pay [The landlord/s] $1,470.10 immediately, calculated as shown in the table below.
- The Bond Centre is to pay the bond of $2,860.00 (5936901-001) to [The landlord/s] immediately.
Reasons
- The landlord attended the hearing today by telephone (with permission). The hearing had been scheduled for an in-person hearing. The tenants did not attend.
- The landlord applied for outgoings, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Outgoings, Lights, Hedge
- 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.
- At the end of the tenancy there were several halogen light bulbs missing and four standard lightbulbs were not working. There were two missing door stops. I award the amount claimed ($64.00).
- A large truck tyre had to be disposed of ($80.00).
- The February 2025 water bill was outstanding ($40.54 after deduction of fixed wastewater charges of $22.93).
- The hedge had not been trimmed by the tenants at the end of the tenancy. The hedge was the tenants’ responsibility under the tenancy agreement. The landlord said the photographs showed the hedge was taller and longer than it had been at the start of the tenancy and was putting pressure on the fence. The landlord claimed the quoted cost of $879.75 to trim the hedge. I award this cost. Compensation for damage
- 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.
- 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. The insurance excess was $2,500.00. The weekly rent was $750.00.
- 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.
- There was damage to the walls of the premises during the tenancy. The landlord said there were holes and dents in the walls throughout the house. The tenant performed some patch repairs, however, the landlord said that the plastering was visible, and the areas of repainting were very noticeable. This is consistent with the photographs provided, which show areas of repairs and small dents.
- The landlord did the work themselves because they couldn’t afford to have someone else do it at the time. They received a quote for $1,725.00. The landlord has claimed $487.14 for materials and 32 hours for their labour at $40.00 per hour, a total of $1,767.14. I consider the landlord is entitled to recover the actual and reasonable costs, even though, with hindsight, the work could have been done for slightly less.
- The polyurethane on the timber floor in the toilet had stripped away due to a damp matt being left on the floor. The landlord claimed $64.77 for materials and $320.00 for 8 hours labour at $40.00 per hour for repairs. I award the amount claimed ($384.77).
- There were stains on the carpets in two rooms that could not be removed. Because replacement carpet could not be matched, the landlord replaced the carpet in all three rooms. The landlord claimed 50% of the supply and installation cost, noting that they obtained very competitive pricing. The total cost of replacement was $1,805.60. The landlord claims $902.80. The carpet was about 8 years old, so this reflects an appropriate discount for the age of the carpet and the need to replace the carpet in a room which was not stained.
- The kitchen bench had been stained. The polyurethane had to be removed to get rid of the stain, the bench sanded back, and the coating reapplied. I award $183.17 as claimed.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing Fee
- The landlord has been successful and is awarded the filing fee.