Tenantcheck Insights · Case study
Tenancy Tribunal case 5341864 — Cleanliness at Unit/Flat Flat 21, 8 Clayton Street, Newmarket, Auckland
Decided 23 January 2026 · Published 23 January 2026 · Application 5341864
- Cleanliness
- Rent arrears
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
G Baker
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,076.49
- Bond payment as ordered
- −$1,110.00
- Total balance for Tenant to pay Landlord
- $2,966.49
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 28 June 2025 | $1,105.71 | Rent arrears to 28 June 2025 | |
| Carpet Cleaning | $184.00 | Carpet Cleaning | |
| Cleaning | $1,813.64 | Cleaning | |
| Repairs: blinds | $593.40 | Repairs: blinds | |
| Repairs: ranchslider and bathroom door | $351.74 | Repairs: ranchslider and bathroom door | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $2,966.49 | ||
| Total payable by Tenant to Landlord | $2,966.49 |
Claims and awards for application 5341864 — net $2,966.49 NZD. Verify on MoJ.
Rent arrears to 28 June 2025
- Amount
- $1,105.71
- Awarded to
- Landlord
- Reason
- Rent arrears to 28 June 2025
Carpet Cleaning
- Amount
- $184.00
- Awarded to
- Landlord
- Reason
- Carpet Cleaning
Cleaning
- Amount
- $1,813.64
- Awarded to
- Landlord
- Reason
- Cleaning
Repairs: blinds
- Amount
- $593.40
- Awarded to
- Landlord
- Reason
- Repairs: blinds
Repairs: ranchslider and bathroom door
- Amount
- $351.74
- Awarded to
- Landlord
- Reason
- Repairs: ranchslider and bathroom door
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $2,966.49
Total payable by Tenant to Landlord
Landlord $2,966.49
Claim types — money lines allowed on this order
Order
- Eve Woodham must pay RPA Limited $2,966.49 immediately, calculated as shown in the table below.
- The Bond Centre is to pay the bond of $1,110.00 (3389129-014) to RPA Limited immediately. DescriptionLandlord Rent arrears to 28 June 2025$1,105.71 Carpet Cleaning$184.00 Cleaning$1,813.64 Repairs: blinds$593.40 Repairs: ranchslider and bathroom door$351.74 Filing fee reimbursement$28.00 Total award$4,076.49 Bond$1,110.00 Total payable by Tenant to Landlord$2,966.49
Reasons
- The landlord attended the video hearing.
- The tenant was telephoned but did not answer.
- The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 28 June 2025 when the tenant gave the landlord possession. The landlord provided rent records which prove the amount owing at the end of the tenancy.
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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The evidence shows that the tenant had made no attempt to clean or remove all her possessions and rubbish. The premises required extensive cleaning and the removal of a substantial amount of rubbish.
- 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 landlord gave evidence that the ranch slider door and the bathroom door locks were damaged and that the pull cords on the blinds had also been damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- Because RPA Limited has wholly succeeded with the claim I must reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
- Dispute theme: property damage
Property management
- RPA LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5341864?
The tribunal order states: Eve Woodham must pay RPA Limited $2,966.49 immediately, calculated as
How much money was awarded in case 5341864?
Cleaning: $184.00 awarded to landlord; Cleaning: $1,813.64 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,105.71 awarded to landlord; Blinds: $593.40 awarded to landlord; Ranchslider And Bathroom Door: $351.74 awarded to landlord
What type of tenancy dispute was case 5341864?
The primary dispute was Cleanliness. Related themes: Rent arrears, Property damage.
Where can I read the official tribunal order for case 5341864?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13015914-Tenancy_Tribunal_Order.pdf.