What was Tenancy Tribunal case 5327420 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Earth Connections Limited As Agent For

How much money was awarded in case 5327420?

Cleaning: $290.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $253.00 awarded to landlord; Water Rates: $106.43 awarded to landlord

What type of tenancy dispute was case 5327420?

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

Where can I read the official tribunal order for case 5327420?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12787607-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5327420 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Earth Connections Limited As Agent For

How much money was awarded in case 5327420?

Cleaning: $290.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $253.00 awarded to landlord; Water Rates: $106.43 awarded to landlord

What type of tenancy dispute was case 5327420?

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

Where can I read the official tribunal order for case 5327420?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12787607-Tenancy_Tribunal_Order.pdf.

55 Herschel Street, Ngaruawahia, Waikato 3720 Tenancy Tribunal Case 5327420 — Cleanliness

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5327420 — net $677.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to end of tenancy	$106.43	Water rates to end of tenancy
Cleaning: and lawns	$290.00	Cleaning: and lawns
Window repairs	$253.00	Window repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$677.43
Total payable by Tenant to Landlord	$677.43

The landlord attended the hearing by video call.

The tenant did not connect to the hearing and was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.

The landlord has applied for water rates, compensation and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations

The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).

With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood.

The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

As noted by the District Court in Kaipo v Clarke & McCarthy 1 , in practical terms this means that: ... “[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.”

The Tribunal may award compensation to a party for losses arising from a proven breach or breaches by the other party of their statutory responsibilities under the RTA. Compensation is generally awarded for actual losses and sometimes for less tangible effects of proven breaches such as a loss of enjoyment of the tenancy and the accompanying stress and anxiety.

How much is owed for water rates?

The tenant is responsible for water consumption charges. 2

The landlord provided a water rates invoice which proves the amount owing at the end of the tenancy: 7 January 2025 to 8 July 2025 - $106.43. I note that the tenancy ended on 16 June 2025 however the landlord confirmed the premises was vacant until 14 July 2025.

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

At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) 1 Kaipo v Clarke & McCarthy (DC) TT233/02 2 See section 39 RTA. reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 3 Cleaning and lawns

There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean. The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly with paint work).

The tenant did not leave the premises reasonably clean and tidy and did not mow the lawns. In particular the bathroom, toilet and oven required cleaning. The amount ordered is proved with oral evidence, photographs and an invoice.

Is the tenant responsible for the damage to the premises?

A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 4 Where a landlord is claiming compensation for damage 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. 5

Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 6

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). 7

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). 8 Where 3 See section 40(1)(e) of the RTA. 4 See s 40 (2)(a) of the RTA. 5 See sections 40(2)(a), 41 and 49B RTA. 6 See Taylor v Webb [1937] 2KB 283 (CA). 7 See section 49B(3)(a) RTA. 8 See section 49B(3)(b) RTA. insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 9

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. 10

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. 11

In assessing a claim for compensation, I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

The following damage was caused during the tenancy: a. The bathroom window was damaged. The landlord said this was intentional as the tenants had locked themselves out of the home and broke the window to enter the home.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved with oral evidence, a photograph of the damage and an invoice. Filing Fee and Suppression

As the landlord has succeeded with the claim, I have reimbursed the filing fee. 12 The landlord did not seek name suppression.

Reasons

Claims and awards in Tenancy Tribunal application 5327420 — net $677.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to end of tenancy	$106.43	Water rates to end of tenancy
Cleaning: and lawns	$290.00	Cleaning: and lawns
Window repairs	$253.00	Window repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$677.43
Total payable by Tenant to Landlord	$677.43

The landlord attended the hearing by video call.

The landlord has applied for water rates, compensation and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations

The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).

How much is owed for water rates?

The tenant is responsible for water consumption charges. 2

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

Is the tenant responsible for the damage to the premises?

Tenants are liable for the actions of people at the premises with their permission. 5

Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 6

As the landlord has succeeded with the claim, I have reimbursed the filing fee. 12 The landlord did not seek name suppression.

Tenancy Tribunal case 5327420 — Cleanliness at 55 Herschel Street, Ngaruawahia, Waikato 3720

At a glance

Tenancy Tribunal case 5327420 — Cleanliness at 55 Herschel Street, Ngaruawahia, Waikato 3720

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.