What was Tenancy Tribunal case 5306224 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Oxygen.Co.Nz Limited As Agent For John Whittaker

How much money was awarded in case 5306224?

Cleaning: $630.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5193171 D…: $27.00 awarded to landlord; Property Damage: $318.65 awarded to landlord; Rent Arrears: $905.71 awarded to landlord

What type of tenancy dispute was case 5306224?

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

Where can I read the official tribunal order for case 5306224?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12427192-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5306224 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Oxygen.Co.Nz Limited As Agent For John Whittaker

How much money was awarded in case 5306224?

Cleaning: $630.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5193171 D…: $27.00 awarded to landlord; Property Damage: $318.65 awarded to landlord; Rent Arrears: $905.71 awarded to landlord

What type of tenancy dispute was case 5306224?

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

Where can I read the official tribunal order for case 5306224?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12427192-Tenancy_Tribunal_Order.pdf.

Unit/Flat Apartment 203, 169 The Terrace, Wellington Tenancy Tribunal Case 5306224 — Rent arrears

Tenantcheck Insights

Unit/Flat Apartment 203, 169 The Terrace, Wellington Tenancy Tribunal Case 5306224 — Rent arrears | 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 5306224 — net $629.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 14 May 2025	$905.71	Rent arrears 14 May 2025
Previous order application 5193171 dated 09/04/2025	$27.00	Previous order application 5193171 dated 09/04/2025
Cleaning	$630.00	Cleaning
Mattress replacement - depreciated	$318.65	Mattress replacement - depreciated
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$629.36
Total payable by Tenant to Landlord	$629.36

Claims and awards for application 5306224 — net $629.36 NZD. Verify on MoJ.

Rent arrears 14 May 2025

Amount: $905.71
Awarded to: Landlord
Reason: Rent arrears 14 May 2025

Previous order application 5193171 dated 09/04/2025

Amount: $27.00
Awarded to: Landlord
Reason: Previous order application 5193171 dated 09/04/2025

Cleaning

Amount: $630.00
Awarded to: Landlord
Reason: Cleaning

Mattress replacement - depreciated

Amount: $318.65
Awarded to: Landlord
Reason: Mattress replacement - depreciated

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

[The tenant/s] tenant/s] must pay Oxygen.Co.Nz Limited As Agent For John Whittaker $629.36 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,280.00 (5555327-019) to Oxygen.Co.Nz Limited As Agent For John Whittaker immediately.
This order incorporates the Tribunal order made on 9 April 2025 under application 5193171.

Reasons

The landlord’s property manager attended the hearing by video call. For ease of reference, I will refer to the property manager as the landlord.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with the application and notice of the hearing. The hearing proceeded in his absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”). Evidential burden
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations: a. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. b. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden. c. As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... “[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.” Compensation
The Tribunal may award compensation to a party for losses arising from a proven breach or breaches by the other party of their statutory responsibilities under the RTA. Compensation is generally awarded for actual losses and sometimes for less tangible effects of proven breaches such as a loss of enjoyment of the tenancy and the accompanying stress and anxiety. TENANT’S OBLIGATIONS
The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 1
At the end of the tenancy the tenant must: a. remove all his or her goods from the premises, 2 b. leave the premises (including the land provided with the premises) reasonably clean and tidy, 3 c. remove all rubbish, 4 d. return all keys and security devices, 5 e. leave all chattels provided for their benefit, 6 f. replace worn out smoke alarm batteries during the tenancy, and 7 g. replace standard light bulbs.

HOW MUCH IS OWED FOR RENT?

The tenancy ended on 14 May 2025 following the tenant not meeting the terms of a conditional termination order and having to be evicted.
The landlord provided rent records which prove the amount owing at the end of the tenancy was $905.71 and I make an order for the full amount claimed.

CLEANING AND RUBBISH REMOVAL

There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.
The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly with paint work). 1 See section 40 (1)(a) of the RTA. 2 See section 40 (1)(e) (ii) of the RTA. 3 See section 40 (1)(e) (iii) of the RTA. 4 See section 40 (1)(e) (iii) of the RTA. 5 See section 40(1)(e)(iv) of the RTA. 6 See section 40(1)(e)(v) of the RTA. 7 See section 40(1)(ca) RTA and Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord claims $630 compensation as reimbursement of the cleaner’s invoice. The invoice records that deep cleaning, chair cleaning, carpet cleaning and rubbish removal was undertaken. The landlord provided an end of tenancy inspection report which shows that the premises was not reasonably clean and tidy and there was significant rubbish that required removal. The amount ordered of $630.00 is proved. TENANT’S RESPONSIBILITY FOR DAMAGE
When considering a claim in respect of damage to the premises the following principles apply: a. A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 8 Where a landlord is claiming compensation for damage a landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. b. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. c. Tenants are liable for the actions of people at the premises with their permission. 9 d. Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 10 e. 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). 11 f. 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). 12 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 13 8 See s 40 (2)(a) of the RTA. 9 See sections 40(2)(a), 41 and 49B RTA. 10 See Taylor v Webb [1937] 2KB 283 (CA). 11 See section 49B(3)(a) RTA. 12 See section 49B(3)(b) RTA. 13 See section 49B(3A)(a) RTA. g. 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. 14 h. 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. 15 i. In assessing a claim for compensation, I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

IS THE TENANT RESPONSIBLE FOR THE DAMAGE TO THE PREMISES?

The landlord says a mattress, which was provided with the premises, was damaged during the tenancy. The landlord was unable to provide a pre- tenancy photograph of the mattress as it was covered in blankets in the pre- tenancy reports, however the property manager said at the hearing that the landlord owner is vigilant and responsible if they ask for anything, therefore I consider it likely that if the mattress required replacing at the start of the tenancy this would likely have occurred, however I accept this was not required.
The landlord provided photographs showing the mattress was stained and the landlord said it was mouldy. The landlord said the mattress was purchased in June 2023, therefore it was almost three years old at the end of the tenancy in May 2025.
The landlord claims $318.65 compensation. The landlord has provided a BigSave quote and invoice to replace the mattress which quotes the price as $538.30. This included delivery however the actual cost of the mattress was $439.30. The mattress was replaced.
The IR265 (IRD General depreciation rates guide) provides a bed has a useful lifespan of 10 years, not 3 years as I indicated at the hearing. I consider a mattress would likely have a lifespan of 7 – 10 years. In taking into account betterment and depreciation I consider the amount claimed of $318.65 is reasonable and this is the amount ordered. 14 See section 49B(1) RTA. 15 See Guo v Korck [2019] NZHC 1541.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

PREVIOUS ORDER

On 9 April 2025 the Tribunal made an order relating to this tenancy, for rent arrears to 10 April 2025 and reimbursement of the filing fee. The previous order is incorporated into this order for enforcement purposes. The rent arrears ordered is the total rent arrears at the end of the tenancy, not in addition to the amount in the previous order. Effectively it is the previous order for reimbursement of the filing fee that has been incorporated into this order.

BOND

The bond is to be paid to the landlord immediately to offset the amounts ordered.

FILING FEE

As the landlord has succeeded with the claim, I have reimbursed the filing fee of $28. 16

SUPPRESSION

The landlord did not seek name suppression.

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 5306224 — net $629.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 14 May 2025	$905.71	Rent arrears 14 May 2025
Previous order application 5193171 dated 09/04/2025	$27.00	Previous order application 5193171 dated 09/04/2025
Cleaning	$630.00	Cleaning
Mattress replacement - depreciated	$318.65	Mattress replacement - depreciated
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$629.36
Total payable by Tenant to Landlord	$629.36

Claims and awards for application 5306224 — net $629.36 NZD. Verify on MoJ.

Rent arrears 14 May 2025

Amount: $905.71
Awarded to: Landlord
Reason: Rent arrears 14 May 2025

Previous order application 5193171 dated 09/04/2025

Amount: $27.00
Awarded to: Landlord
Reason: Previous order application 5193171 dated 09/04/2025

Cleaning

Amount: $630.00
Awarded to: Landlord
Reason: Cleaning

Mattress replacement - depreciated

Amount: $318.65
Awarded to: Landlord
Reason: Mattress replacement - depreciated

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

[The tenant/s] tenant/s] must pay Oxygen.Co.Nz Limited As Agent For John Whittaker $629.36 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,280.00 (5555327-019) to Oxygen.Co.Nz Limited As Agent For John Whittaker immediately.
This order incorporates the Tribunal order made on 9 April 2025 under application 5193171.

Reasons

The landlord’s property manager attended the hearing by video call. For ease of reference, I will refer to the property manager as the landlord.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with the application and notice of the hearing. The hearing proceeded in his absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”). Evidential burden
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations: a. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. b. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden. c. As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... “[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.” Compensation
The Tribunal may award compensation to a party for losses arising from a proven breach or breaches by the other party of their statutory responsibilities under the RTA. Compensation is generally awarded for actual losses and sometimes for less tangible effects of proven breaches such as a loss of enjoyment of the tenancy and the accompanying stress and anxiety. TENANT’S OBLIGATIONS
The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 1
At the end of the tenancy the tenant must: a. remove all his or her goods from the premises, 2 b. leave the premises (including the land provided with the premises) reasonably clean and tidy, 3 c. remove all rubbish, 4 d. return all keys and security devices, 5 e. leave all chattels provided for their benefit, 6 f. replace worn out smoke alarm batteries during the tenancy, and 7 g. replace standard light bulbs.

HOW MUCH IS OWED FOR RENT?

The tenancy ended on 14 May 2025 following the tenant not meeting the terms of a conditional termination order and having to be evicted.
The landlord provided rent records which prove the amount owing at the end of the tenancy was $905.71 and I make an order for the full amount claimed.

CLEANING AND RUBBISH REMOVAL

There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.
The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly with paint work). 1 See section 40 (1)(a) of the RTA. 2 See section 40 (1)(e) (ii) of the RTA. 3 See section 40 (1)(e) (iii) of the RTA. 4 See section 40 (1)(e) (iii) of the RTA. 5 See section 40(1)(e)(iv) of the RTA. 6 See section 40(1)(e)(v) of the RTA. 7 See section 40(1)(ca) RTA and Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord claims $630 compensation as reimbursement of the cleaner’s invoice. The invoice records that deep cleaning, chair cleaning, carpet cleaning and rubbish removal was undertaken. The landlord provided an end of tenancy inspection report which shows that the premises was not reasonably clean and tidy and there was significant rubbish that required removal. The amount ordered of $630.00 is proved. TENANT’S RESPONSIBILITY FOR DAMAGE
When considering a claim in respect of damage to the premises the following principles apply: a. A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 8 Where a landlord is claiming compensation for damage a landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. b. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. c. Tenants are liable for the actions of people at the premises with their permission. 9 d. Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 10 e. 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). 11 f. 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). 12 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 13 8 See s 40 (2)(a) of the RTA. 9 See sections 40(2)(a), 41 and 49B RTA. 10 See Taylor v Webb [1937] 2KB 283 (CA). 11 See section 49B(3)(a) RTA. 12 See section 49B(3)(b) RTA. 13 See section 49B(3A)(a) RTA. g. 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. 14 h. 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. 15 i. In assessing a claim for compensation, I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

IS THE TENANT RESPONSIBLE FOR THE DAMAGE TO THE PREMISES?

The landlord says a mattress, which was provided with the premises, was damaged during the tenancy. The landlord was unable to provide a pre- tenancy photograph of the mattress as it was covered in blankets in the pre- tenancy reports, however the property manager said at the hearing that the landlord owner is vigilant and responsible if they ask for anything, therefore I consider it likely that if the mattress required replacing at the start of the tenancy this would likely have occurred, however I accept this was not required.
The landlord provided photographs showing the mattress was stained and the landlord said it was mouldy. The landlord said the mattress was purchased in June 2023, therefore it was almost three years old at the end of the tenancy in May 2025.
The landlord claims $318.65 compensation. The landlord has provided a BigSave quote and invoice to replace the mattress which quotes the price as $538.30. This included delivery however the actual cost of the mattress was $439.30. The mattress was replaced.
The IR265 (IRD General depreciation rates guide) provides a bed has a useful lifespan of 10 years, not 3 years as I indicated at the hearing. I consider a mattress would likely have a lifespan of 7 – 10 years. In taking into account betterment and depreciation I consider the amount claimed of $318.65 is reasonable and this is the amount ordered. 14 See section 49B(1) RTA. 15 See Guo v Korck [2019] NZHC 1541.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

PREVIOUS ORDER

On 9 April 2025 the Tribunal made an order relating to this tenancy, for rent arrears to 10 April 2025 and reimbursement of the filing fee. The previous order is incorporated into this order for enforcement purposes. The rent arrears ordered is the total rent arrears at the end of the tenancy, not in addition to the amount in the previous order. Effectively it is the previous order for reimbursement of the filing fee that has been incorporated into this order.

BOND

The bond is to be paid to the landlord immediately to offset the amounts ordered.

FILING FEE

As the landlord has succeeded with the claim, I have reimbursed the filing fee of $28. 16

SUPPRESSION

The landlord did not seek name suppression.

Tenancy Tribunal case 5306224 — Rent arrears at Unit/Flat Apartment 203, 169 The Terrace, Wellington

At a glance

Tenancy Tribunal case 5306224 — Rent arrears at Unit/Flat Apartment 203, 169 The Terrace, Wellington

At a glance

Award balance

Claims & awards

Order

Reasons

RELEVANT LEGAL CONSIDERATIONS

HOW MUCH IS OWED FOR RENT?

CLEANING AND RUBBISH REMOVAL

IS THE TENANT RESPONSIBLE FOR THE DAMAGE TO THE PREMISES?

PREVIOUS ORDER

BOND

FILING FEE

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

RELEVANT LEGAL CONSIDERATIONS

HOW MUCH IS OWED FOR RENT?

CLEANING AND RUBBISH REMOVAL

IS THE TENANT RESPONSIBLE FOR THE DAMAGE TO THE PREMISES?

PREVIOUS ORDER

BOND

FILING FEE

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.