Published tribunal order
Tenancy Tribunal case 5355841 — Property damage at 50A Bellingham Crescent, Fordlands, Rotorua 3015
Decided 8 Dec 2025 · Published 8 Dec 2025 · Application 5355841
- Property damage
- Cleanliness
Order
- [The tenant/s] to pay Linkpeople Limited $6,350.00 immediately, calculated as follows: DescriptionAmount Full-house deep clean$650.00 Wardrobe door replacement$275.00 Bathroom towel rail replacement$120.00 Bedroom 1 carpet replacement (cigarette burns)$937.50 Bedroom 3 carpet replacement (rips/tears)$937.50 Kitchen blinds (1 missing, 1 damaged)$260.00 Kitchen drawer repair$195.00 Curtains replacement (lounge and bedroom 1)$700.00 Painting and plastering (BR1, BR2, general marks)$1,625.00 Rubbish removal (interior and exterior)$650.00 Total $6,350.00
Reasons
- The Landlord attended the hearing.
- The Landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
- The Landlord has provided photographs (pre and post tenancy) which it has relied upon to establish its claims.
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, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The Tenant is required to replace worn-out smoke alarm batteries during the tenancy (s 40(1)(ca) RTA) and must also replace standard light bulbs.
- 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 s 40(1)(e)(ii)-(v) RTA. The tenant must replace smoke-alarm batteries and standard light bulbs during the tenancy. Cleaning
- The Landlord claims $650.00 for full-house deep cleaning, stating the home required extensive cleaning due to smoking inside and inadequate regular cleaning.
- The evidence establishes the Tenant did not leave the premises reasonably clean and tidy. The amount claimed is reasonable and proved. Rubbish removal
- The Landlord claims $650.00 for rubbish removal inside and outside the premises. The evidence shows rubbish was left behind. The amount is reasonable and proved. Missing chattels
- One kitchen blind was missing, and another was damaged. Replacement cost claimed is $260. The amount claimed is proved.
Is the tenant responsible for the damage to the premises?
- A Landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If established, the tenant must prove they did not carelessly or intentionally cause the damage. See ss 40(2)(a), 41, and 49B RTA.
- The damage was discovered after 27 August 2019. The presumptions in s 49B apply.
- The Tribunal considers each claimed item separately: Wardrobe door replacement – $275
- The wardrobe door had holes that could not be repaired and required replacement. This is more than fair wear and tear. The tenant has not disproved liability. Amount proved. Bathroom towel rail – $120
- The towel rail was pulled off the wall and missing. This is damage beyond normal use. Amount proved. Bedroom 1 carpet replacement (cigarette burns) – $937.50
- Cigarette burns constitute careless or intentional damage and exceed fair wear and tear. The tenant has not disproved liability. Depreciation has been considered in the replacement cost provided. Amount proved. Bedroom 3 carpet replacement (tears/rips) – $937.50
- The carpet was ripped in several areas. This is damage beyond fair wear and tear. Kitchen drawer damage – $195.00
- The tenant admitted they caught themselves on the drawer, causing it to come off. This is careless damage. Amount proved. Curtains replacement (due to smoke damage) – $700
- Curtains in the lounge and bedroom 1 required replacement due to heavy smoking. The landlord apportioned the replacement cost appropriately. Amount proved. Painting and plastering – $1,625
- Bedroom 1 required full repainting due to smoke damage.
- Bedroom 2 had a hole in the wall requiring repair and painting.
- Additional general marks were present, but the landlord reduced the claim by 50% to account for fair wear and tear.
- I have considered betterment and depreciation. Amount proved.