Published tribunal order
Tenancy Tribunal case 5319939 — Cleanliness
Decided 14 Nov 2025 · Published 14 Nov 2025 · Application 5319939
- Cleanliness
- Property damage
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
- [The tenant/s] must pay Tauranga Rentals Limited As Agent For ZZZ Investments Limited and Kelvin O'Hara $2,991.00 immediately, as calculated in the table below:
Reasons
- The landlord attended the hearing. The tenant’s representative attended on behalf of the tenant.
- The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
- The total amount claimed was $5,318.00 however, the bond has now been refunded to the landlord and the remaining amount being sought for all claims is $4,283.00.
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 (RTA).
- The landlord claims that the property was not left in a reasonably clean condition, and they were required to engage cleaners at a total cost of $2,070.00. Photographs and an invoice have been provided.
- On review of the evidence, I am satisfied that the premises were not left in a reasonably clean and tidy condition.
- The amount ordered is 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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
- 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 landlord claims for replacing lights and light fittings at a cost of $128.00. This included replacing eight lights and two light sockets.
- The landlord also claims for repairs to the exterior weatherboards and has provided photographs and an invoice in support. According to the invoice, 48 weatherboards required repair, and the landlord says that these had been damaged around the property however it was not clear how the damage had been caused or whether it was intentional or careless. The total amount being claimed for this repair is $3,120.00. Photographs and invoices have been provided in support of the claimed amounts.
- The tenant’s representative says that none of the damage was deliberate.
- The damage likely occurred during the tenancy however I consider that the landlord has not proven that it was more likely than not that this damage was intentional, and I have therefore reduced the starting amount awarded to four weeks rent, being $2,620.00. I also consider that there should be a reduction for consideration of fair wear and tear. The tenancy was almost 10 years long and it is reasonable that the weatherboards would have required some maintenance during that time. The total amount awarded towards careless damage of the exterior weatherboards is $1,800.00. See section 49B(3)(b) RTA.
- The following damage was caused during the tenancy: Damaged exterior weatherboards and damaged lights/light fittings. The damage awarded is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- Because Tauranga Rentals Limited As Agent For ZZZ Investments Limited, Kelvin O'Hara has substantially succeeded with the claim I have also reimbursed the filing fee.
- The landlord did not seek name suppression. I have, however, determined that the tenant should have name suppression due to the circumstances in which these claims have occurred which I consider outweighs any public interest in publication. See section 95A of the RTA. R Harvey-Lane 14 November 2025