What was Tenancy Tribunal case 5320580 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5320580?

Cleaning: $148.93 awarded to landlord; Cleaning: $50.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $57.50 awarded to landlord; Property Damage: $253.00 awarded to landlord; Rent Arrears: $788.57 awarded to landlord; Water Rates: $87.28 awarded to landlord

What type of tenancy dispute was case 5320580?

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

Where can I read the official tribunal order for case 5320580?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12910195-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5320580 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5320580?

Cleaning: $148.93 awarded to landlord; Cleaning: $50.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $57.50 awarded to landlord; Property Damage: $253.00 awarded to landlord; Rent Arrears: $788.57 awarded to landlord; Water Rates: $87.28 awarded to landlord

What type of tenancy dispute was case 5320580?

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

Where can I read the official tribunal order for case 5320580?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12910195-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5320580 — Rent arrears

Claims and awards in Tenancy Tribunal application 5320580 — net $1,413.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23.6.2025	$788.57	Rent arrears to 23.6.2025
Water rates	$87.28	Water rates
Cleaning	$50.00	Cleaning
Carpet cleaning	$148.93	Carpet cleaning
Repair of blinds	$57.50	Repair of blinds
Repairs to wall	$253.00	Repairs to wall
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,413.28
Total payable by Tenant to Landlord	$1,413.28

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Jamie Adriana Marion Wilson must pay [The landlord/s] $1,413.28 immediately, calculated as shown in the table below.

Reasons

The landlord, represented by [The landlord’s representative], attended the hearing. There was no appearance by the tenant at the scheduled time. The start of the hearing was delayed, and the tenant still did not attend. As the tenant has been notified, the hearing proceeded.
The landlord has applied for rent arrears, water charges and compensation, following the end of the tenancy. The total bond is $2,760.00 but is no longer held at the Bond Centre and has been released to the tenant.
The parties have previously attended two Tribunal hearings. On 22 July 2025 the Tribunal ordered that the uncontested portion of the bond, being $1,054.45, be awarded to the tenant and the balance of $1,705.55 remain at the Bond Centre. The hearing was adjourned, and the Tribunal issued further directions for the next hearing.
Following the second hearing the Tribunal noted, in the order dated 7 August 2025, that the landlord was directed to file any claim it wanted considered within 7 days. The landlord advised that an application had been filed, but it was not visible to the Tribunal within the system. The Tribunal found that because the landlord had not filed any counter claim as directed, the balance of the bond of $1,705.55 was awarded to the tenant.
Therefore, as the current application (number 5320580) was not before the Tribunal in August 2025, the bond has been released in full to the tenant. The question arises as to whether the landlord is now precluded from making further claims following the end of the tenancy. While the landlord is now no longer able to make claims against the bond, since it has been released, the landlord is still able to file its own application for claims arising following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 23 June 2025, after the tenant gave notice, as shown in the email correspondence provided at the hearing. The landlord provided rent records and water rates information to establish the amount owing at the end of the tenancy. These amounts are awarded above.

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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims cleaning ($194.35) and carpet cleaning costs ($297.85). The landlord has provided evidence, including an invoice and inspection reports, with photographs showing the condition of the premises at the end of the tenancy. The landlord states the house is brand new.
The tenant’s obligation is to leave the premises in a reasonably clean and reasonably tidy condition. This is not necessarily pristine, or to the standard a landlord considers acceptable for a new tenant. 1 The standard does not equate to being commercially clean 2 , spotless 3 , or hotel/motel standard of cleanliness. 4 Therefore, a landlord may have some additional work to bring the premises up to standard for a new tenant 5 and cannot claim excessive time to clean and tidy the premises. 6
The property inspection report completed after the tenancy ended shows that, for the most part, the tenant did leave the premises in a reasonably clean and reasonably tidy condition. However, there were some areas that required further cleaning. For this additional cleaning, the landlord is to be compensated, in the amount of $50.00 for cleaning costs. The balance of these costs is not the responsibility of the tenant.
In terms of the carpet cleaning costs claimed, I acknowledge the email correspondence indicating the tenant may have previously arranged for the carpet to be professionally cleaned. Having viewed the photographs, I consider it reasonable for the tenant to contribute to some of the professional cleaning of the carpet. In the circumstances, a 50% contribution is considered reasonable. Therefore, the tenant is to pay the landlord $148.93 for carpet cleaning.
The amounts ordered are proved. General principles regarding responsibility for damage
The landlord seeks compensation for tenant damage. Where compensation for damage is being claimed, 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the RTA. 1 Ace Property Management Ltd v Owens DC Wellington CIV-2008-085-1441, 17 Dec 2008. 2 Mills v Kiwi Property Care Ltd TT Hamilton 09/01418/HN, 27 July 2009 3 Reardon v Fahey Property Management Ltd [2016] NZTT Auckland 3149 at 6. 4 Richards v Scally TT Christchurch TT 2043/98, 21 July 1998 5 Richards v Scally (above) 6 Falwasser v Armstrong [2011] NZTT Whakatane 523.
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) of the RTA.
In this case, the landlord advises that the owner is insured for tenant damage and the insurance excess is $1,400.00.
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. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) of the 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.
When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. The landlord’s claim for compensation for tenant damage
On the basis of the landlord’s evidence, I am satisfied that the following damage was caused during the tenancy: • Damage to blinds: the landlord’s photographic evidence shows the blinds in bedroom 3 needed to be repaired. The cost is $57.50 • Wall damage: there was damage to the wall, after removal of a child safety gate. The landlord has provided an email from the tenant indicating that she accepts responsibility for this damage. The cost incurred, as shown on the invoice, is $253.00, which is awarded above.
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee and name suppression
As the landlord has been successful, the tenant is to pay the landlord’s filing fee.
The landlord’s request for name suppression is also granted, in view of the landlord being successful in the proceedings.

Claims and awards in Tenancy Tribunal application 5320580 — net $1,413.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23.6.2025	$788.57	Rent arrears to 23.6.2025
Water rates	$87.28	Water rates
Cleaning	$50.00	Cleaning
Carpet cleaning	$148.93	Carpet cleaning
Repair of blinds	$57.50	Repair of blinds
Repairs to wall	$253.00	Repairs to wall
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,413.28
Total payable by Tenant to Landlord	$1,413.28

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Jamie Adriana Marion Wilson must pay [The landlord/s] $1,413.28 immediately, calculated as shown in the table below.

Reasons

The landlord, represented by [The landlord’s representative], attended the hearing. There was no appearance by the tenant at the scheduled time. The start of the hearing was delayed, and the tenant still did not attend. As the tenant has been notified, the hearing proceeded.
The landlord has applied for rent arrears, water charges and compensation, following the end of the tenancy. The total bond is $2,760.00 but is no longer held at the Bond Centre and has been released to the tenant.
The parties have previously attended two Tribunal hearings. On 22 July 2025 the Tribunal ordered that the uncontested portion of the bond, being $1,054.45, be awarded to the tenant and the balance of $1,705.55 remain at the Bond Centre. The hearing was adjourned, and the Tribunal issued further directions for the next hearing.
Following the second hearing the Tribunal noted, in the order dated 7 August 2025, that the landlord was directed to file any claim it wanted considered within 7 days. The landlord advised that an application had been filed, but it was not visible to the Tribunal within the system. The Tribunal found that because the landlord had not filed any counter claim as directed, the balance of the bond of $1,705.55 was awarded to the tenant.
Therefore, as the current application (number 5320580) was not before the Tribunal in August 2025, the bond has been released in full to the tenant. The question arises as to whether the landlord is now precluded from making further claims following the end of the tenancy. While the landlord is now no longer able to make claims against the bond, since it has been released, the landlord is still able to file its own application for claims arising following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 23 June 2025, after the tenant gave notice, as shown in the email correspondence provided at the hearing. The landlord provided rent records and water rates information to establish the amount owing at the end of the tenancy. These amounts are awarded above.

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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims cleaning ($194.35) and carpet cleaning costs ($297.85). The landlord has provided evidence, including an invoice and inspection reports, with photographs showing the condition of the premises at the end of the tenancy. The landlord states the house is brand new.
The tenant’s obligation is to leave the premises in a reasonably clean and reasonably tidy condition. This is not necessarily pristine, or to the standard a landlord considers acceptable for a new tenant. 1 The standard does not equate to being commercially clean 2 , spotless 3 , or hotel/motel standard of cleanliness. 4 Therefore, a landlord may have some additional work to bring the premises up to standard for a new tenant 5 and cannot claim excessive time to clean and tidy the premises. 6
The property inspection report completed after the tenancy ended shows that, for the most part, the tenant did leave the premises in a reasonably clean and reasonably tidy condition. However, there were some areas that required further cleaning. For this additional cleaning, the landlord is to be compensated, in the amount of $50.00 for cleaning costs. The balance of these costs is not the responsibility of the tenant.
In terms of the carpet cleaning costs claimed, I acknowledge the email correspondence indicating the tenant may have previously arranged for the carpet to be professionally cleaned. Having viewed the photographs, I consider it reasonable for the tenant to contribute to some of the professional cleaning of the carpet. In the circumstances, a 50% contribution is considered reasonable. Therefore, the tenant is to pay the landlord $148.93 for carpet cleaning.
The amounts ordered are proved. General principles regarding responsibility for damage
The landlord seeks compensation for tenant damage. Where compensation for damage is being claimed, 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the RTA. 1 Ace Property Management Ltd v Owens DC Wellington CIV-2008-085-1441, 17 Dec 2008. 2 Mills v Kiwi Property Care Ltd TT Hamilton 09/01418/HN, 27 July 2009 3 Reardon v Fahey Property Management Ltd [2016] NZTT Auckland 3149 at 6. 4 Richards v Scally TT Christchurch TT 2043/98, 21 July 1998 5 Richards v Scally (above) 6 Falwasser v Armstrong [2011] NZTT Whakatane 523.
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) of the RTA.
In this case, the landlord advises that the owner is insured for tenant damage and the insurance excess is $1,400.00.
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. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) of the 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.
When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered. The landlord’s claim for compensation for tenant damage
On the basis of the landlord’s evidence, I am satisfied that the following damage was caused during the tenancy: • Damage to blinds: the landlord’s photographic evidence shows the blinds in bedroom 3 needed to be repaired. The cost is $57.50 • Wall damage: there was damage to the wall, after removal of a child safety gate. The landlord has provided an email from the tenant indicating that she accepts responsibility for this damage. The cost incurred, as shown on the invoice, is $253.00, which is awarded above.
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee and name suppression
As the landlord has been successful, the tenant is to pay the landlord’s filing fee.
The landlord’s request for name suppression is also granted, in view of the landlord being successful in the proceedings.

Tenancy Tribunal case 5320580 — Rent arrears

At a glance

Tenancy Tribunal case 5320580 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions