What was Tenancy Tribunal case 5312406 about?

The tribunal order states: 2. 2. This tenancy commenced on 8 May 2024 and concluded on 7 May 2025.

How much money was awarded in case 5312406?

Cleaning: $241.50 awarded to landlord; Rent Arrears: $845.71 awarded to landlord; Rubbish Removal: $132.25 awarded to landlord; Water Rates: $1,746.55 awarded to landlord

What type of tenancy dispute was case 5312406?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5312406?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12570669-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5312406 about?

The tribunal order states: 2. 2. This tenancy commenced on 8 May 2024 and concluded on 7 May 2025.

How much money was awarded in case 5312406?

Cleaning: $241.50 awarded to landlord; Rent Arrears: $845.71 awarded to landlord; Rubbish Removal: $132.25 awarded to landlord; Water Rates: $1,746.55 awarded to landlord

What type of tenancy dispute was case 5312406?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5312406?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12570669-Tenancy_Tribunal_Order.pdf.

14B Puriri Avenue, Orewa, Orewa 0931 Tenancy Tribunal Case 5312406 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5312406 — net $2,966.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 07/05/2025	$845.71	Rent arrears to 07/05/2025
Water rates to /07/05/2025	$1,746.55	Water rates to /07/05/2025
Rubbish removal	$132.25	Rubbish removal
Cleaning	$241.50	Cleaning
Net award	$2,966.01
Total payable by Tenant to Landlord	$2,966.01

2. This tenancy commenced on 8 May 2024 and concluded on 7 May 2025. The applicant has filed a claim seeking compensation for the following amounts: a) Rent arrears: $845.71 b) Full house cleaning and rubbish removal: $989.00 c) Carpet replacement: $2,729.00 d) Water charges: $1,746.55

During the hearing, the applicant advised that she had only recently assumed management of this file and was not fully familiar with the case details. As a result, it was initially difficult to ascertain the basis of the application. Subsequently, the applicant has provided further information, which has offered some additional clarity.

However, as with any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. The onus rests upon the party bringing the application to prove their claim on the balance of probabilities, that is, to establish that their version of events is more likely than not. This is commonly referred to as the burden of proof.

In Kaipo v Clark and McCarthy [DC, TT233/02], the District Court observed that, as with any proceeding before a tribunal or court, it is incumbent upon the applicant to provide sufficient evidence to substantiate their claim. If the applicant fails to do so, the application must be dismissed, regardless of its apparent merit, because it is not the role of the respondent or the Tribunal to obtain or infer the necessary evidence.

While I am not required to be completely certain in reaching a decision, I must be more certain than uncertain when determining any particular claim. I am therefore required to consider and weigh all of the evidence presented before making a finding.

Is the tenant liable for the rent and water rates arrears?

The applicant has provided rent and water account summaries showing that the amounts claimed are outstanding, and I am satisfied that these figures are accurate. However, it is not entirely clear to which period the water charges apply, as the documentation only indicates that the bill was issued on 8 April, which was prior to the end of the tenancy.

In practical terms, I am satisfied that the amount shown is owing. Nevertheless, because the landlord has not provided complete information confirming the period covered by the water charges, I have determined that the amount payable applies up to the end of the tenancy. This means that if any additional water charges were incurred after that date, they cannot be recovered from the tenant. 9.

Is the tenant liable for the carpet replacement?

The applicant has made a claim for the replacement of the carpet at the property. No explanation or supporting evidence was provided for this claim, and the applicant stated that they were unaware of the details as they had only recently taken over management of the file. From the information and photographs available, it appears that the carpet was more than eight years old which is the lifetime of carpet according to the IRD depreciation guide. Even if the landlord had established that the tenant caused damage, the carpet would likely be regarded as fully depreciated, meaning the cost of replacement would not fall to the tenant. In any event, I do not consider that such liability would have been established. Accordingly, the claim for carpet replacement is dismissed.

Is the tenant liable for the cleaning and rubbish Removal?

Section 40(1)(e)(iii) of the Residential Tenancies Act requires the tenant, at the conclusion of the tenancy, to leave the premises in a reasonably clean and tidy condition and to remove all rubbish.

The invoice for cleaning and rubbish removal helpfully provides a breakdown, showing that $264.50 was charged for rubbish removal and $724.50 for cleaning. While the photographs indicate that some cleaning was required, the property looks in a reasonable state and there is insufficient evidence or explanation to satisfy me that the premises were not left in a reasonably clean and tidy condition at the end of the tenancy. Accordingly, I award one-third of the cleaning cost sought.

In relation to the rubbish removal, there is evidence that some rubbish was left at the property. However, the invoice indicates that this charge also included removal of the carpet. As the carpet is unlikely to have been the tenant’s liability, and there was no supporting evidence or submission on this point. As such, I consider it appropriate to award only half of the rubbish removal cost. The filing fee and suppression:

The applicant has had some success in this application, though I do not consider it to be substantially successful. Accordingly, I decline to award reimbursement of the application filing fee or to grant the request for suppression. In reaching this decision, I have taken into account that the applicant is a professional property manager. There are concerns regarding both the nature of the claims advanced and the manner in which the application has been presented. It consider the public interest in the publication of this order outweigh the interests of the applicant. H Ben Fayed 16 October 2025

Order

Claims and awards in Tenancy Tribunal application 5312406 — net $2,966.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 07/05/2025	$845.71	Rent arrears to 07/05/2025
Water rates to /07/05/2025	$1,746.55	Water rates to /07/05/2025
Rubbish removal	$132.25	Rubbish removal
Cleaning	$241.50	Cleaning
Net award	$2,966.01
Total payable by Tenant to Landlord	$2,966.01

Is the tenant liable for the rent and water rates arrears?

Is the tenant liable for the carpet replacement?

Is the tenant liable for the cleaning and rubbish Removal?

Section 40(1)(e)(iii) of the Residential Tenancies Act requires the tenant, at the conclusion of the tenancy, to leave the premises in a reasonably clean and tidy condition and to remove all rubbish.

Tenancy Tribunal case 5312406 — Rent arrears at 14B Puriri Avenue, Orewa, Orewa 0931

At a glance

Tenancy Tribunal case 5312406 — Rent arrears at 14B Puriri Avenue, Orewa, Orewa 0931

At a glance

Award balance

Claims & awards

Order

Is the tenant liable for the rent and water rates arrears?

Is the tenant liable for the carpet replacement?

Is the tenant liable for the cleaning and rubbish Removal?

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

Is the tenant liable for the rent and water rates arrears?

Is the tenant liable for the carpet replacement?

Is the tenant liable for the cleaning and rubbish Removal?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.