Published tribunal order
Tenancy Tribunal case 5350002 — Tenancy dispute at Unit/Flat 1, 474 West Coast Road, Glen Eden, Auckland
Decided 12 Mar 2026 · Published 12 Mar 2026 · Application 5350002
- Cleanliness
- Property damage
Order
- [The tenant/s] must pay Barfoot & Thompson Limited As Agent For Cpm 2019 Limited $989.82 immediately, calculated as shown in table below:
Reasons
- Both parties attended the hearing.
- This tenancy ended on 25 June 2025 at the conclusion of the fixed term. The tenant vacated the property and the applicant has made this application seeking recovery of costs for cleaning and repairs.
- The repairs were arranged by the applicant’s insurance company, and the applicant says they were charged 10 separate insurance excesses of $750.
- It is the responsibility of the applicant to prove their claim on the balance of probabilities.
- The landlord has provided photographs showing that the property was well short of the reasonably clean and tidy standard required of a tenant on vacating the premises under section 40(1)(e)(iii). The evidence also shows that the tenant left behind a significant amount of rubbish and belongings.
- Photographs were also provided indicating that there was staining on the carpet in several areas.
- The applicant’s insurance company accepted the claim and undertook works including replacement of the entire carpet throughout the house, painting and repair of a number of walls, and other repairs, at a total cost of $17,687.
- The applicant did not record the insurance excess on the tenancy agreement, and therefore the tenant was not in a position to make any assessment about this potential cost at the commencement of the tenancy. While this has not factored in the outcome of the claim, it is a matter I note.
- The second issue with the application is that the applicant relies heavily on the fact that the insurance company accepted the claim and undertook the work. However, the Tribunal’s task is not to determine whether the insurer properly accepted the claim. Rather, the Tribunal must determine whether the tenant has liability for the costs incurred based on the following assessment: a) whether the damage was intentional, careless, or fair wear and tear b) whether the remedial work undertaken was appropriate, and c) whether the cost claimed is reasonable and was actually incurred.
- I accept that the tenant was in breach of section 40(1)(e)(iii) in that they failed to leave the property reasonably clean and tidy and left behind a significant amount of rubbish and belongings.
- I also accept that there were several areas of staining on the carpet, and that some walls were marked. The nature of the damage suggests accelerated wear and tear, indicating that it is most likely careless damage, and therefore some award is warranted. However there is nothing that suggests the extent of work that was undertaken was reasonable or necessary.
- In particular, there is nothing in the evidence that proves on the balnce of probabilities that the replacement of the entire carpet was necessary or that a complete repaint of the property was required. The landlord advised that professional cleaners attempted to clean the carpet, but no evidence of this was provided.
- The landlord also told me there was a red stain across the carpet. However, upon reviewing the electronic evidence, the red tinge visible on the printed photographs appears to be a printing contrast issue, and no such stain is evident in the original images. Further, the landlord referred to damage to the walls, but no holes were apparent in the photographic evidence provided.
- For these reasons, I give very little weight to the extent of the repair works actually undertaken, and instead make an assessment of what is a reasonable contribution for the tenant to make, given: a) the breach of section 40(1)(e)(iii) in failing to leave the property reasonably clean and tidy, and b) the presence of careless damage to the carpets and walls, contrary to section 40(2)(a), which prohibits a tenant from intentionally or carelessly damaging the premises and requires them to take reasonable care of the landlord’s property.
- Taking all of these matters into account, I assess a reasonable contribution by the tenant at $2,000.
- The applicant has advised that the tenant currently holds a credit of $1,010.18 with them. This amount is credited against the total award.