What was Tenancy Tribunal case 5347761 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $2,049.65 immediately, calculated as

How much money was awarded in case 5347761?

Cleaning: $195.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Labour For All The Work: $500.00 awarded to landlord; Property Damage: $35.00 awarded to landlord; Property Damage: $35.00 awarded to landlord; Property Damage: $103.50 awarded to landlord; Property Damage: $300.00 awarded to landlord; Relace Missing Curtains - Bedroom 3…: $60.00 awarded to landlord; Replace Broken Door Handles And Axel: $79.00 awarded to landlord; Replace Missing Curtains - Kitchen L…: $19.00 awarded to landlord; Replace Missing Shower Door Handles: $45.00 awarded to landlord; Smoke Alarms: $9.15 awarded to landlord; Rubbish Removal: $486.00 awarded to landlord; Walls and Doors: $155.00 awarded to landlord

What type of tenancy dispute was case 5347761?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 5347761?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13356813-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5347761 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $2,049.65 immediately, calculated as

How much money was awarded in case 5347761?

Cleaning: $195.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Labour For All The Work: $500.00 awarded to landlord; Property Damage: $35.00 awarded to landlord; Property Damage: $35.00 awarded to landlord; Property Damage: $103.50 awarded to landlord; Property Damage: $300.00 awarded to landlord; Relace Missing Curtains - Bedroom 3…: $60.00 awarded to landlord; Replace Broken Door Handles And Axel: $79.00 awarded to landlord; Replace Missing Curtains - Kitchen L…: $19.00 awarded to landlord; Replace Missing Shower Door Handles: $45.00 awarded to landlord; Smoke Alarms: $9.15 awarded to landlord; Rubbish Removal: $486.00 awarded to landlord; Walls and Doors: $155.00 awarded to landlord

What type of tenancy dispute was case 5347761?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 5347761?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13356813-Tribunal_Order.pdf.

50 Gloucester Street, Cannons Creek, Porirua 5024 Tenancy Tribunal Case 5347761 — Property damage

Claims and awards in Tenancy Tribunal application 5347761 — net $2,049.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Repair balustrade

$35.00

Repair balustrade

Carpet Cleaning: and deoderising

$195.00

Carpet Cleaning: and deoderising

Replace broken door handles and axel

$79.00

Replace broken door handles and axel

Replace missing shower door handles

$45.00

Replace missing shower door handles

Replace smoke alarms: missing

$9.15

Replace smoke alarms: missing

Relace missing curtains - bedroom 3 less depreciation

$60.00

Relace missing curtains - bedroom 3 less depreciation

Replace missing curtains - kitchen less depreciation

$19.00

Replace missing curtains - kitchen less depreciation

Repairs to walls and doors throughout the house

$155.00

Repairs to walls and doors throughout the house

Repairs to the garage roller door

$35.00

Repairs to the garage roller door

Replace damaged garage door locks

$103.50

Replace damaged garage door locks

Replacement garage door remote

$300.00

Replacement garage door remote

Rubbish removal: transport and tip fees

$486.00

Rubbish removal: transport and tip fees

Labour for all the work

$500.00

Labour for all the work

Filing fee reimbursement

$28.00

Filing fee reimbursement

Net award

$2,049.65

Total payable by Tenant to Landlord

$2,049.65

Reasons

Both parties attended the hearing. The order is made in Mr Cox’s name because he is named on the tenancy agreement.

The landlord has applied for rent arrears, compensation, the reasonable expenses of finding a new tenant, and reimbursement of the filing fee following the end of the tenancy. The guarantor

At the end of the hearing the landlord asked that I make the order against the tenant and the guarantor. The guarantor signed a document in 2022 and I was provided with a copy of that at the hearing as well. The problem with this request is that the guarantor should have been served with the application and giving the opportunity to attend the hearing and defend the claim. The landlord did not complete the guarantor part of the application form and he did not provide a copy of the guarantor form to Tenancy Services. This means the guarantor has not been served, the hearing has been completed and it is too late to add her to the order now. The extra week of rent

There is a mediated order under application 5323071 which was sealed on 9 September 2025. This records 9 September 2025 as the last day of the tenancy. The landlord has claimed another week of rent but I have been provided with photos taken on 10 September 2025 and the tenant had already moved out. The claim for an extra week of rent is dismissed.

The landlord’s request that I incorporate the mediated order with this one is not possible because the tenant is paying $100 a week towards the mediated rent arrears order. The reasonable costs because the fixed term ended early

The landlord has claimed the recovery of expenses incurred by the landlord because the fixed term tenancy ended earlier than agreed. This is allowed by section 44A Residential Tenancies Act 1986 (RTA). The landlord provided an invoice and the expenses looked reasonable. However, when I had another look at the document extending the fixed term tenancy the fixed term ended on 7 February 2025. The landlord has not proved the fixed tern tenancy ended early and so the reasonable costs cannot be claimed from the tenant. This claim is dismissed.

Did the tenant comply with his 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) RTA.

This is the landlord’s claim to prove. He provided good photos showing the tenant did not leave the carpets reasonably clean, and did not remove all the rubbish.

The garage door locks were broken and the remote was not returned. The tenant also removed curtains and a smoke alarm.

The amounts ordered are proved. I have depreciated the curtains to take wear and tear into account.

The claim for replacement net curtains is dismissed because net curtains only last a year or two and this tenancy lasted two and a half years.

Is the tenant responsible for the damage to the premises?

There is a claim for damage. The 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.

The landlord has proved that the damage set out in the table was caused during the tenancy. I have seen photos and I am satisfied the damage is more than fair wear and tear. The tenant has not disproved liability for the damage. The amounts ordered are proved.

I have taken 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.

The landlord has not proved the weather board was damage during the tenancy and I am not persuaded the damage is more than fair wear and tear. This claim is dismissed.

The amount claimed for the missing door stop is not proved and the claim is dismissed.

The claims for replacement carpet in bedroom 1 and for repairs to the carpet in bedroom 2 and the hall are dismissed. The photos do not show significant damage in the bedrooms and the tenancy could have been rented again without replacing the carpet and patching. The photo for the hall repair is not clear enough for me to make a decision.

I have allowed an amount for labour that seems reasonable to me, taking the claims that I have dismissed into account. Other orders

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5347761 — net $2,049.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Repair balustrade

$35.00

Repair balustrade

Carpet Cleaning: and deoderising

$195.00

Carpet Cleaning: and deoderising

Replace broken door handles and axel

$79.00

Replace broken door handles and axel

Replace missing shower door handles

$45.00

Replace missing shower door handles

Replace smoke alarms: missing

$9.15

Replace smoke alarms: missing

Relace missing curtains - bedroom 3 less depreciation

$60.00

Relace missing curtains - bedroom 3 less depreciation

Replace missing curtains - kitchen less depreciation

$19.00

Replace missing curtains - kitchen less depreciation

Repairs to walls and doors throughout the house

$155.00

Repairs to walls and doors throughout the house

Repairs to the garage roller door

$35.00

Repairs to the garage roller door

Replace damaged garage door locks

$103.50

Replace damaged garage door locks

Replacement garage door remote

$300.00

Replacement garage door remote

Rubbish removal: transport and tip fees

$486.00

Rubbish removal: transport and tip fees

Labour for all the work

$500.00

Labour for all the work

Filing fee reimbursement

$28.00

Filing fee reimbursement

Net award

$2,049.65

Total payable by Tenant to Landlord

$2,049.65

Order

[The tenant/s] must pay [The landlord/s] $2,049.65 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

Both parties attended the hearing. The order is made in Mr Cox’s name because he is named on the tenancy agreement.
The landlord has applied for rent arrears, compensation, the reasonable expenses of finding a new tenant, and reimbursement of the filing fee following the end of the tenancy. The guarantor
At the end of the hearing the landlord asked that I make the order against the tenant and the guarantor. The guarantor signed a document in 2022 and I was provided with a copy of that at the hearing as well. The problem with this request is that the guarantor should have been served with the application and giving the opportunity to attend the hearing and defend the claim. The landlord did not complete the guarantor part of the application form and he did not provide a copy of the guarantor form to Tenancy Services. This means the guarantor has not been served, the hearing has been completed and it is too late to add her to the order now. The extra week of rent
There is a mediated order under application 5323071 which was sealed on 9 September 2025. This records 9 September 2025 as the last day of the tenancy. The landlord has claimed another week of rent but I have been provided with photos taken on 10 September 2025 and the tenant had already moved out. The claim for an extra week of rent is dismissed.
The landlord’s request that I incorporate the mediated order with this one is not possible because the tenant is paying $100 a week towards the mediated rent arrears order. The reasonable costs because the fixed term ended early
The landlord has claimed the recovery of expenses incurred by the landlord because the fixed term tenancy ended earlier than agreed. This is allowed by section 44A Residential Tenancies Act 1986 (RTA). The landlord provided an invoice and the expenses looked reasonable. However, when I had another look at the document extending the fixed term tenancy the fixed term ended on 7 February 2025. The landlord has not proved the fixed tern tenancy ended early and so the reasonable costs cannot be claimed from the tenant. This claim is dismissed.

Did the tenant comply with his 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) RTA.
This is the landlord’s claim to prove. He provided good photos showing the tenant did not leave the carpets reasonably clean, and did not remove all the rubbish.
The garage door locks were broken and the remote was not returned. The tenant also removed curtains and a smoke alarm.
The amounts ordered are proved. I have depreciated the curtains to take wear and tear into account.
The claim for replacement net curtains is dismissed because net curtains only last a year or two and this tenancy lasted two and a half years.

Is the tenant responsible for the damage to the premises?

There is a claim for damage. The 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.
The landlord has proved that the damage set out in the table was caused during the tenancy. I have seen photos and I am satisfied the damage is more than fair wear and tear. The tenant has not disproved liability for the damage. The amounts ordered are proved.
I have taken 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.
The landlord has not proved the weather board was damage during the tenancy and I am not persuaded the damage is more than fair wear and tear. This claim is dismissed.
The amount claimed for the missing door stop is not proved and the claim is dismissed.
The claims for replacement carpet in bedroom 1 and for repairs to the carpet in bedroom 2 and the hall are dismissed. The photos do not show significant damage in the bedrooms and the tenancy could have been rented again without replacing the carpet and patching. The photo for the hall repair is not clear enough for me to make a decision.
I have allowed an amount for labour that seems reasonable to me, taking the claims that I have dismissed into account. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5347761 — Property damage at 50 Gloucester Street, Cannons Creek, Porirua 5024

At a glance

Tenancy Tribunal case 5347761 — Property damage at 50 Gloucester Street, Cannons Creek, Porirua 5024

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenant comply with his 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

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenant comply with his 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

Frequently asked questions