What was Tenancy Tribunal case 5319320 about?

The tribunal order states: The landlord is awarded the rent in credit of $3,250.00 to reduce the amount

How much money was awarded in case 5319320?

Cleaning: $287.50 awarded to landlord; Cleaning: $762.45 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lightbulbs: $263.08 awarded to landlord; Property Damage: $489.97 awarded to landlord; Lost Rent: $650.00 awarded to landlord; Pest Control: $380.00 awarded to landlord; Rent In Credit: $3,250.00 awarded to tenant; garage side doors and various minor…: $500.00 awarded to landlord; patch plaster and paint wall in kitc…: $161.00 awarded to landlord; Kitchen Vinyl: $233.60 awarded to landlord; Replace furnishings: curtains at 45%…: $842.50 awarded to landlord; Replace furnishings: replace carpet…: $1,140.23 awarded to landlord; Rubbish Removal: $980.00 awarded to landlord

What type of tenancy dispute was case 5319320?

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

Where can I read the official tribunal order for case 5319320?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12545989-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5319320 about?

The tribunal order states: The landlord is awarded the rent in credit of $3,250.00 to reduce the amount

How much money was awarded in case 5319320?

Cleaning: $287.50 awarded to landlord; Cleaning: $762.45 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lightbulbs: $263.08 awarded to landlord; Property Damage: $489.97 awarded to landlord; Lost Rent: $650.00 awarded to landlord; Pest Control: $380.00 awarded to landlord; Rent In Credit: $3,250.00 awarded to tenant; garage side doors and various minor…: $500.00 awarded to landlord; patch plaster and paint wall in kitc…: $161.00 awarded to landlord; Kitchen Vinyl: $233.60 awarded to landlord; Replace furnishings: curtains at 45%…: $842.50 awarded to landlord; Replace furnishings: replace carpet…: $1,140.23 awarded to landlord; Rubbish Removal: $980.00 awarded to landlord

What type of tenancy dispute was case 5319320?

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

Where can I read the official tribunal order for case 5319320?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12545989-Tenancy_Tribunal_Order.pdf.

150 Masters Avenue, Silverdale, Hamilton 3216 Tenancy Tribunal Case 5319320 — Property damage

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 5319320 — net $1,646.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Carpet Cleaning	$287.50		17. The landlord has proven that the below damage occurred during the tenancy and is more than wear and tear:- a.
Rubbish removal	$980.00		Rubbish removal
Cleaning	$762.45		17. The landlord has proven that the below damage occurred during the tenancy and is more than wear and tear:- a.
Pest control	$380.00		Pest control
Light bulbs/batteries: and replace light batten fittings	$263.08		Light bulbs/batteries: and replace light batten fittings
Lock/key replacement: and reinstating doorknobs	$489.97		Lock/key replacement: and reinstating doorknobs
Repairs: patch plaster and paint wall in kitchen	$161.00		Repairs: patch plaster and paint wall in kitchen
Repairs: garage side doors and various minor indoor	$500.00		Repairs: garage side doors and various minor indoor
Replace furnishings: curtains at 45% of total cost	$842.50		Replace furnishings: curtains at 45% of total cost
Replace furnishings: contribution to laundry vinyl at 50	$233.60		Replace furnishings: contribution to laundry vinyl at 50
Replace furnishings: replace carpet lounge and 2 bedrooms at 50	$1,140.23		Replace furnishings: replace carpet lounge and 2 bedrooms at 50
Compensation for lost rent	$650.00		Compensation for lost rent
Filing fee reimbursement	$28.00		Filing fee reimbursement
Rent in credit		$3,250.00	Rent in credit
Total award	$6,718.33	$3,250.00
Net award	$1,646.40
Total payable by Tenant to Landlord	$1,646.40

Claims and awards in Tenancy Tribunal application 5319320 — net $1,646.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Carpet Cleaning

$287.50

17. The landlord has proven that the below damage occurred during the tenancy and is more than wear and tear:- a.

Rubbish removal

$980.00

Rubbish removal

Cleaning

$762.45

17. The landlord has proven that the below damage occurred during the tenancy and is more than wear and tear:- a.

Pest control

$380.00

Pest control

Light bulbs/batteries: and replace light batten fittings

$263.08

Light bulbs/batteries: and replace light batten fittings

Lock/key replacement: and reinstating doorknobs

$489.97

Lock/key replacement: and reinstating doorknobs

Repairs: patch plaster and paint wall in kitchen

$161.00

Repairs: patch plaster and paint wall in kitchen

Repairs: garage side doors and various minor indoor

$500.00

Repairs: garage side doors and various minor indoor

Replace furnishings: curtains at 45% of total cost

$842.50

Replace furnishings: curtains at 45% of total cost

Replace furnishings: contribution to laundry vinyl at 50

$233.60

Replace furnishings: contribution to laundry vinyl at 50

Replace furnishings: replace carpet lounge and 2 bedrooms at 50

$1,140.23

Replace furnishings: replace carpet lounge and 2 bedrooms at 50

Compensation for lost rent

$650.00

Compensation for lost rent

Filing fee reimbursement

$28.00

Filing fee reimbursement

Rent in credit

$3,250.00

Rent in credit

Total award

$6,718.33

$3,250.00

Net award

$1,646.40

Total payable by Tenant to Landlord

$1,646.40

Order

The landlord is awarded the rent in credit of $3,250.00 to reduce the amount owing by the tenant.

[The tenant/s] tenant/s] must pay Lodge City Rentals Limited As Agent For Arun Gone & Harika Mandala $1,646.40 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,821.93 (3184833-018) to Lodge City Rentals Limited As Agent For Arun Gone & Harika Mandala immediately.

Reasons

The landlords’ representatives attended the hearing. I telephoned the tenant twice on her mobile number (from which she had contacted the landlord on 24 September 2025) but an automated message said the phone was out of a service area. I continued the hearing in her absence as she has been emailed the application to her original address for service and been texted reminders of the hearing date and time. Background

The tenancy ended on 30 June 2025 after the tenant gave notice.

The Tribunal then made an order for possession and awarded rent owing to 18 July 2025.

The landlord has now applied for compensation for costs related to the ending of the tenancy. All claims were quantified with invoices. I address the claims below. End of tenancy costs

Carpet cleaning: the carpet was stained and dirty so the landlord arranged professional cleaning in the hope this would avoid the need for partial replacement. This was a reasonable thing to do so I award the claim.

Rubbish removal: Unwanted belongings and rubbish were left mostly in the garage and in a pile outside with some items throughout the house. I award the claim as it is very reasonable for the quantity involved.

House cleaning: the house needed cleaning after all items were removed. The invoice includes a second unsuccessful attempt at carpet cleaning to remove stains. Again, this is reasonable as is the invoice which is awarded.

Pest control: the landlord reports that the tenant and her family had vacated the house several weeks before possession was returned but that food had been left inside which attracted mice (seen by the agent). I accept that pest control was needed due to the food left behind unattended and award the claim.

Light bulbs and light battens: all light bulbs were missing as were several batten fittings. Some of the attachment points were damaged. I award the claim for replacement and repair of these items but deduct the cost to service the heatpump (also on the invoice) as this is a landlord cost.

Lock and key replacement and reinstating doorknobs: the tenant did not return any keys and had vacated earlier so the landlord chose to change the locks. I find this was reasonable in the circumstances and award the cost. I also award the cost to reinstate doorknobs which had been removed (most of these were found in a kitchen cupboard so were reused). I deduct the cost of a new towel rail from the invoice as the landlord did not prove this was damaged beyond normal wear and tear. The amount payable by the tenant is $489.97. Repairing damage and replacing curtains

The law requires that a landlord must prove that any 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 damage is caused carelessly, the tenant's liability is limited to the lesser of the insurance excess (if the damage is covered by insurance) 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.

The insurance excess in this case is $2,500.00.

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. See section 49B(1) RTA.

If a tenant is liable for damage, 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. If items are replaced with new, the Tribunal may take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan and depreciate the amount claimed.

The landlord supplied photos taken at an ingoing inspection on 14 December 2021 and at outgoing inspections on 21 and 28 July 2025. All invoices were supplied.

The landlord has proven that the below damage occurred during the tenancy and is more than wear and tear:- a. A section of wall low-down in the kitchen was left patched but not fully finished or repainted. I award the invoiced cost to finish of $161.00. b. The two single access doors into the garage had been damaged, perhaps by forcing them open when they were locked. The lock mechanisms and doors were bent and splintered. c. Other relatively minor repairs were needed to the lounge window seat (broken hinges), one hole in the laundry wall, and one hole in the back of the lounge door. I award the invoiced amount of $500.00 for these and the garage doors (above in b). d. The three bedrooms and lounge had a total of ten matching curtains at the start of the tenancy. Five curtains were missing at the end of the tenancy: two from the lounge bay-window, one full-length from a bedroom, and two from another bedroom where replacement pink/purple curtains were used instead. None of the missing curtains were found anywhere in the house. One other pair of curtains (in another bedroom) were damaged as they had been melted/burnt in two places. A total of seven curtains were damaged or missing. One curtain rail (lounge window) was broken during the tenancy. The landlord chose to replace all curtains and rails in the house. The invoice for the full replacement cost is $1,872.20. I award 45% of this as a fair contribution by the tenant. This is $842.50. The reason it is fair that the landlord meets the rest of the cost is because some of it relates to net curtains and rails not damaged by the tenant and because the curtains would have been about halfway through their expected life 1 if they had all been in place. The landlord now has new curtains so the cost should be depreciated to recognise this. e. Part of the laundry vinyl was stained by something red and yellow over about a two square meter area. The landlord has not yet replaced this. I accept there is a loss of value and award 50% of the quoted cost to replace which is $233.60. f. The carpet in the lounge shows multiple yellowy-coloured stains in several areas and the agent reports an unpleasant odour even after carpet cleaning. The carpet in the master bedroom was similarly affected plus additional bright red marks, and another bedroom had less staining, but three patches of melted glue or silicon could not be removed. The landlord has replaced the carpet in these three rooms. I award 50% of the replacement cost which is $1,140.23 depreciated by half because the carpet and vinyl are about halfway through their expected life of eight years. 2 1 The Inland Revenue Department IR265 depreciation schedule for residential tenancy chattels estimates that curtains have a useful life of about eight years. This was a 4-year tenancy and the curtains were in good condition at the start of the tenancy. 2 The IRD depreciation schedule estimates an eight year life for carpet. Tenant delay in vacating by the end date of the tenancy

The landlord has applied for a financial penalty to be awarded because the tenant did not move all her belongings out and did not return keys or return possession of the property to the landlord by the date that had been agreed by both parties as the end date of the tenancy. Texts and emails were provided which verify this.

The landlord explained that the tenant was in contact and had asked for extra time to remove goods and do cleaning but that this dragged on. In the end the landlord obtained a Tribunal order for possession.

It is an unlawful act for a tenant not to vacate tenancy premises on the termination of a tenancy. See section 40(1)(e)(i) of the RTA. Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages (like a fine) may be awarded up to a maximum of $1,500.00. See section 40(3A)(a) and Schedule 1A RTA.

My decision is that the tenant did vacate in that she was not living at the premises. She has not breached the section above.

Her failure was that she was not able to organise removal of goods and rubbish. Her requests for extra time and the cleaning, rubbish removal, and damage repairs have taken the landlord several weeks to remedy and caused it to lose rent. It could not rent the property out until these issues were fixed. I award one week of lost rent in compensation. Filing fee, rent in credit, suppression of name

I award the filing fee as the landlord’s claims are substantially successful.

The landlord provided rent records which prove that rent was paid for several weeks after the tenancy ended. The landlord holds rent in credit of $3,250.00.

I award the rent in credit to the landlord to reduce the debt owed by the tenant. 3

The balance of the bond is refunded to the landlord in full (part of the bond was refunded to the landlord on the previous order).

The balance left to pay by the tenant is $1,646.40. She may be able to avoid more costs by contacting the landlord to make a payment plan. 3 An application can be made for recovery of money paid by one party to the other party by mistake; section 135 Residential Tenancies Act 1986. It would be unfair for the landlord to keep this money unless it has a proven claim to it. The landlord has proven these claims for compensation so it is fair that the rent credit is used to reduce the debt now owed by the tenant.

The landlord has been substantially successful with its claims so is entitled to suppression of its name but does not seek this.

I do not suppress the tenant’s name because the claims are proven.

Claims and awards in Tenancy Tribunal application 5319320 — net $1,646.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Carpet Cleaning	$287.50		17. The landlord has proven that the below damage occurred during the tenancy and is more than wear and tear:- a.
Rubbish removal	$980.00		Rubbish removal
Cleaning	$762.45		17. The landlord has proven that the below damage occurred during the tenancy and is more than wear and tear:- a.
Pest control	$380.00		Pest control
Light bulbs/batteries: and replace light batten fittings	$263.08		Light bulbs/batteries: and replace light batten fittings
Lock/key replacement: and reinstating doorknobs	$489.97		Lock/key replacement: and reinstating doorknobs
Repairs: patch plaster and paint wall in kitchen	$161.00		Repairs: patch plaster and paint wall in kitchen
Repairs: garage side doors and various minor indoor	$500.00		Repairs: garage side doors and various minor indoor
Replace furnishings: curtains at 45% of total cost	$842.50		Replace furnishings: curtains at 45% of total cost
Replace furnishings: contribution to laundry vinyl at 50	$233.60		Replace furnishings: contribution to laundry vinyl at 50
Replace furnishings: replace carpet lounge and 2 bedrooms at 50	$1,140.23		Replace furnishings: replace carpet lounge and 2 bedrooms at 50
Compensation for lost rent	$650.00		Compensation for lost rent
Filing fee reimbursement	$28.00		Filing fee reimbursement
Rent in credit		$3,250.00	Rent in credit
Total award	$6,718.33	$3,250.00
Net award	$1,646.40
Total payable by Tenant to Landlord	$1,646.40