What was Tenancy Tribunal case 5342586 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Central West Property

How much money was awarded in case 5342586?

Cleaning: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Pest Control: $161.00 awarded to landlord; Floor And Carpet: $7,706.87 awarded to landlord; Paint: $287.90 awarded to landlord; Rollerblinds: $603.74 awarded to landlord; Water Rates: $484.23 awarded to landlord

What type of tenancy dispute was case 5342586?

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

Where can I read the official tribunal order for case 5342586?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12724762-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5342586 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Central West Property

How much money was awarded in case 5342586?

Cleaning: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Pest Control: $161.00 awarded to landlord; Floor And Carpet: $7,706.87 awarded to landlord; Paint: $287.90 awarded to landlord; Rollerblinds: $603.74 awarded to landlord; Water Rates: $484.23 awarded to landlord

What type of tenancy dispute was case 5342586?

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

Where can I read the official tribunal order for case 5342586?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12724762-Tenancy_Tribunal_Order.pdf.

Unit/Flat 40, 124 Taylors Road, Mount Albert, Auckland Tenancy Tribunal Case 5342586 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5342586 — net $6,771.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$484.23		Water rates
Repairs: floor and carpet	$7,706.87		Repairs: floor and carpet
Repairs: paint	$287.90		Repairs: paint
Repairs: rollerblinds	$603.74		Repairs: rollerblinds
Pest control	$161.00		Pest control
Cleaning	$500.00		Cleaning
Filing fee reimbursement	$28.00		Filing fee reimbursement
Bond reimbursement		$3,000.00	Bond reimbursement
Total award	$9,771.74	$3,000.00
Net award	$6,771.74
Total payable by Tenant to Landlord	$6,771.74

Both parties attended the hearing. Mr Hickey represented the landlord.

The landlord has applied for compensation, damages and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 25 June 2025. The parties agree that at the end of the tenancy, the last three water rates invoices were due, amounting to $484.23.

This claim is proved by consent.

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 claims the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord says the tenant left the premises with dog urine stains on the walls, chewing gum and food in the drains, dog hair in the bi-folding door tracks, and fly-dirt on the ceilings and around the lights. The landlord provided a vast amount of photographs which show the state of the premises at the end of the tenancy.

The landlord is claiming $2,139.00 for 31 hours of cleaning at $60.00 per hour plus GST.

The tenant says that she and her sister conducted an end of tenancy clean and she believes she left the premises reasonably clean and tidy.

I am persuaded by the landlord’s information that the premises did need a further clean at the end of the tenancy, to return them to a reasonably clean and tidy standard. However I am not persuaded that to reach a reasonably clean and tidy standard would have taken 31 hours of cleaning. Between tenancies, responsible landlords usually undertake a deep clean. However this is not the standard required of a tenant. Nor am I persuaded that $60.00 plus GST per hour is a reasonable fee to be charging a tenant for cleaning.

I determine twelve and a half hours of cleaning is a reasonable amount to award to return the premises to a reasonably clean and tidy state, and that $40.00 per hour including GST is a reasonable amount based to pay for a cleaner.

This amount 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.

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 that during the tenancy the flooring and the carpet were damaged by urine stains and scratch marks from the tenant’s pet dog.

The tenant said the scratch marks were from moving furniture. However, the tenant accepts causing the damage to the flooring and accepts that the flooring needed to be replaced.

The landlord is claiming $8,807.85 to replace the flooring and the carpet.

The landlord is claiming $329.02 to repaint walls that were damaged by dog urine, dog scratches and furniture marks. The landlord says the amount claimed is only for the cost of the materials, and that the landlord did the painting himself and has not charged for his time.

The tenant accepts liability for the damage to the paint and the cost of repairs.

This claim is proved by consent.

The landlord claims that at the end of the tenancy two roller blinds were damaged, one in the lounge and one in the bedroom. The damage consisted of a dent in the weight bar, and broken pulleys. The landlord is claiming $960.00 to replace the two roller blinds.

The tenant does not dispute this claim. It is proved by consent.

The landlord is claiming $161.00 for pest control for cockroaches and flies at the end of the tenancy. The tenant says that she didn’t have a problem with either during the tenancy, but she does not dispute the claim.

This claim is proved by consent.

The amounts ordered are proved.

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 have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

At the beginning of the tenancy, the tenant paid a bond of $3,000.00 to the property manager. Today the landlord accepted that the previous property manager embezzled the tenant’s bond, and accept that the landlord owes that amount to the tenant. Therefore I have deducted $3,000.00 from the total of the claim awarded to the landlord.

Because Central West Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5342586 — net $6,771.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$484.23		Water rates
Repairs: floor and carpet	$7,706.87		Repairs: floor and carpet
Repairs: paint	$287.90		Repairs: paint
Repairs: rollerblinds	$603.74		Repairs: rollerblinds
Pest control	$161.00		Pest control
Cleaning	$500.00		Cleaning
Filing fee reimbursement	$28.00		Filing fee reimbursement
Bond reimbursement		$3,000.00	Bond reimbursement
Total award	$9,771.74	$3,000.00
Net award	$6,771.74
Total payable by Tenant to Landlord	$6,771.74

Both parties attended the hearing. Mr Hickey represented the landlord.

The landlord has applied for compensation, damages and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 25 June 2025. The parties agree that at the end of the tenancy, the last three water rates invoices were due, amounting to $484.23.

This claim is proved by consent.

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 is claiming $2,139.00 for 31 hours of cleaning at $60.00 per hour plus GST.

The tenant says that she and her sister conducted an end of tenancy clean and she believes she left the premises reasonably clean and tidy.

This amount is proved.

Is the tenant responsible for the damage to the premises?

The landlord claims that during the tenancy the flooring and the carpet were damaged by urine stains and scratch marks from the tenant’s pet dog.

The tenant said the scratch marks were from moving furniture. However, the tenant accepts causing the damage to the flooring and accepts that the flooring needed to be replaced.

The landlord is claiming $8,807.85 to replace the flooring and the carpet.

The tenant accepts liability for the damage to the paint and the cost of repairs.

This claim is proved by consent.

The tenant does not dispute this claim. It is proved by consent.

This claim is proved by consent.

The amounts ordered are proved.

Because Central West Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5342586 — Property damage at Unit/Flat 40, 124 Taylors Road, Mount Albert, Auckland

At a glance

Tenancy Tribunal case 5342586 — Property damage at Unit/Flat 40, 124 Taylors Road, Mount Albert, Auckland

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.