What was Tenancy Tribunal case 5313627 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $3,370.28 immediately, calculated

How much money was awarded in case 5313627?

Cleaning: $500.00 awarded to landlord; Compensation: clothesline reimbursem…: $100.00 awarded to tenant; Property Damage: $800.00 awarded to tenant; Property Damage: $500.00 awarded to landlord; Cleaning: $1,500.00 awarded to landlord; Property Damage: $793.16 awarded to landlord; Property Damage: $444.28 awarded to landlord; Property Damage: $888.56 awarded to landlord; Property Damage: $444.28 awarded to landlord

What type of tenancy dispute was case 5313627?

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

Where can I read the official tribunal order for case 5313627?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12793804-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5313627 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $3,370.28 immediately, calculated

How much money was awarded in case 5313627?

Cleaning: $500.00 awarded to landlord; Compensation: clothesline reimbursem…: $100.00 awarded to tenant; Property Damage: $800.00 awarded to tenant; Property Damage: $500.00 awarded to landlord; Cleaning: $1,500.00 awarded to landlord; Property Damage: $793.16 awarded to landlord; Property Damage: $444.28 awarded to landlord; Property Damage: $888.56 awarded to landlord; Property Damage: $444.28 awarded to landlord

What type of tenancy dispute was case 5313627?

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

Where can I read the official tribunal order for case 5313627?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12793804-Tribunal_Order.pdf.

42 Matai Street, Waiuku, Auckland 2123 Tenancy Tribunal Case 5313627 — Property damage

Claims and awards in Tenancy Tribunal application 5313627 — net $3,370.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Lock/key replacement	$500.00		Lock/key replacement
Cleaning	$500.00		Cleaning
Repairs: carpet replacement and carpet cleaning, limited to insurance excess only, less depreciation	$1,500.00		Repairs: carpet replacement and carpet cleaning, limited to insurance excess only, less depreciation
Repairs: kitchen damage to cabinetry and walls	$888.56		Repairs: kitchen damage to cabinetry and walls
Repairs: hallway damage to wall at top of stairs (adjacent to bedroom 2	$444.28		Repairs: hallway damage to wall at top of stairs (adjacent to bedroom 2
Repairs: damage to front door	$793.16		Repairs: damage to front door
Repairs: laundry wall damage	$444.28		Repairs: laundry wall damage
Compensation: clothesline reimbursement		$100.00	clothesline reimbursement
Exemplary damages: failure to lodge the bond until after the tenancy had already ended		$800.00	failure to lodge the bond until after the tenancy had already ended
Total award	$5,070.28	$900.00
Net award	$3,370.28
Total payable by Tenant to Landlord	$3,370.28

Claims and awards in Tenancy Tribunal application 5313627 — net $3,370.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Lock/key replacement

$500.00

Lock/key replacement

Cleaning

$500.00

Cleaning

Repairs: carpet replacement and carpet cleaning, limited to insurance excess only, less depreciation

$1,500.00

Repairs: carpet replacement and carpet cleaning, limited to insurance excess only, less depreciation

Repairs: kitchen damage to cabinetry and walls

$888.56

Repairs: kitchen damage to cabinetry and walls

Repairs: hallway damage to wall at top of stairs (adjacent to bedroom 2

$444.28

Repairs: hallway damage to wall at top of stairs (adjacent to bedroom 2

Repairs: damage to front door

$793.16

Repairs: damage to front door

Repairs: laundry wall damage

$444.28

Repairs: laundry wall damage

Compensation: clothesline reimbursement

$100.00

clothesline reimbursement

Exemplary damages: failure to lodge the bond until after the tenancy had already ended

$800.00

failure to lodge the bond until after the tenancy had already ended

Total award

$5,070.28

$900.00

Net award

$3,370.28

Total payable by Tenant to Landlord

$3,370.28

Reasons

Both parties attended the hearing on 14 October 2025.

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

The tenant has applied for reimbursement of the clothesline costs and exemplary damages for failure by the landlord to lodge the bond within the allocated time.

At the conclusion of the hearing on 14 October 2025 I awarded the tenant $100.00 and $800.00 for reimbursement of the clothesline costs and exemplary damages for failure to lodge the bond until after the tenancy had already ended respectively.

I also considered and allowed the landlord’s claim for lock and key replacement of $500.00 and $500.00 cleaning costs.

I adjourned the remaining of the landlord’s claims to today.

The landlord attended today’s hearing but there was no appearance by the tenant.

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 did not leave the premises reasonably clean and tidy.

The tenant did not return the keys.

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 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: carpets, walls, kitchen cabinetry and the front door.

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

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.

I consider that generally, carpets have a lifespan of 15 years. Here, the existing carpet was about 9 years old. Factoring depreciation, I have reduced the landlord’s claim for uninsured loss of $3,450.00 to $1,500.00.

The amounts ordered in the table above are proved.

The bond will now be disbursed to the landlord accordingly.

Claims and awards in Tenancy Tribunal application 5313627 — net $3,370.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Lock/key replacement	$500.00		Lock/key replacement
Cleaning	$500.00		Cleaning
Repairs: carpet replacement and carpet cleaning, limited to insurance excess only, less depreciation	$1,500.00		Repairs: carpet replacement and carpet cleaning, limited to insurance excess only, less depreciation
Repairs: kitchen damage to cabinetry and walls	$888.56		Repairs: kitchen damage to cabinetry and walls
Repairs: hallway damage to wall at top of stairs (adjacent to bedroom 2	$444.28		Repairs: hallway damage to wall at top of stairs (adjacent to bedroom 2
Repairs: damage to front door	$793.16		Repairs: damage to front door
Repairs: laundry wall damage	$444.28		Repairs: laundry wall damage
Compensation: clothesline reimbursement		$100.00	clothesline reimbursement
Exemplary damages: failure to lodge the bond until after the tenancy had already ended		$800.00	failure to lodge the bond until after the tenancy had already ended
Total award	$5,070.28	$900.00
Net award	$3,370.28
Total payable by Tenant to Landlord	$3,370.28

Claims and awards in Tenancy Tribunal application 5313627 — net $3,370.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Lock/key replacement

$500.00

Lock/key replacement

Cleaning

$500.00

Cleaning

Repairs: carpet replacement and carpet cleaning, limited to insurance excess only, less depreciation

$1,500.00

Repairs: carpet replacement and carpet cleaning, limited to insurance excess only, less depreciation

Repairs: kitchen damage to cabinetry and walls

$888.56

Repairs: kitchen damage to cabinetry and walls

Repairs: hallway damage to wall at top of stairs (adjacent to bedroom 2

$444.28

Repairs: hallway damage to wall at top of stairs (adjacent to bedroom 2

Repairs: damage to front door

$793.16

Repairs: damage to front door

Repairs: laundry wall damage

$444.28

Repairs: laundry wall damage

Compensation: clothesline reimbursement

$100.00

clothesline reimbursement

Exemplary damages: failure to lodge the bond until after the tenancy had already ended

$800.00

failure to lodge the bond until after the tenancy had already ended

Total award

$5,070.28

$900.00

Net award

$3,370.28

Total payable by Tenant to Landlord

$3,370.28

Order

[The tenant/s] must pay [The landlord/s] $3,370.28 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $800.00 (BN-00076270) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing on 14 October 2025.
The landlord has applied for compensation, and refund of the bond following the end of the tenancy.
The tenant has applied for reimbursement of the clothesline costs and exemplary damages for failure by the landlord to lodge the bond within the allocated time.
At the conclusion of the hearing on 14 October 2025 I awarded the tenant $100.00 and $800.00 for reimbursement of the clothesline costs and exemplary damages for failure to lodge the bond until after the tenancy had already ended respectively.
I also considered and allowed the landlord’s claim for lock and key replacement of $500.00 and $500.00 cleaning costs.
I adjourned the remaining of the landlord’s claims to today.
The landlord attended today’s hearing but there was no appearance by the tenant.

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 did not leave the premises reasonably clean and tidy.
The tenant did not return the keys.
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 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: carpets, walls, kitchen cabinetry and the front door.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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.
I consider that generally, carpets have a lifespan of 15 years. Here, the existing carpet was about 9 years old. Factoring depreciation, I have reduced the landlord’s claim for uninsured loss of $3,450.00 to $1,500.00.
The amounts ordered in the table above are proved.
The bond will now be disbursed to the landlord accordingly.

Tenancy Tribunal case 5313627 — Property damage at 42 Matai Street, Waiuku, Auckland 2123

At a glance

Tenancy Tribunal case 5313627 — Property damage at 42 Matai Street, Waiuku, Auckland 2123

At a glance

Award balance

Claims & awards

Order

Reasons

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

Order

Reasons

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