What was Tenancy Tribunal case 5356241 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Accessible Properties New Zealand Limited

How much money was awarded in case 5356241?

Cleaning: $730.63 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Credit: $940.69 awarded to tenant; Walls and Doors: $3,524.00 awarded to landlord; Replace Carpet In 3 Bedrooms And Liv…: $2,764.04 awarded to landlord; Rubbish Removal: $470.20 awarded to landlord; Rubbish Removal: $2,206.26 awarded to landlord

What type of tenancy dispute was case 5356241?

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

Where can I read the official tribunal order for case 5356241?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12798901-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5356241 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Accessible Properties New Zealand Limited

How much money was awarded in case 5356241?

Cleaning: $730.63 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Credit: $940.69 awarded to tenant; Walls and Doors: $3,524.00 awarded to landlord; Replace Carpet In 3 Bedrooms And Liv…: $2,764.04 awarded to landlord; Rubbish Removal: $470.20 awarded to landlord; Rubbish Removal: $2,206.26 awarded to landlord

What type of tenancy dispute was case 5356241?

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

Where can I read the official tribunal order for case 5356241?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12798901-Tenancy_Tribunal_Order.pdf.

22B Opal Drive, Papamoa Beach, Papamoa 3118 Tenancy Tribunal Case 5356241 — Property damage

Tenantcheck Insights

22B Opal Drive, Papamoa Beach, Papamoa 3118 Tenancy Tribunal Case 5356241 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5356241 — net $8,594.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal: from garage including removing tenant fixtures	$470.20		Rubbish removal: from garage including removing tenant fixtures
Rubbish removal: from section and removal of paving stones	$2,206.26		Rubbish removal: from section and removal of paving stones
Cleaning: including oven and stove	$730.63		Cleaning: including oven and stove
Replace carpet in 3 bedrooms and living area	$2,764.04		Replace carpet in 3 bedrooms and living area
Repairs: to walls and doors including paintwork required	$3,524.00		Repairs: to walls and doors including paintwork required
Filing fee reimbursement	$28.00		Filing fee reimbursement
Rent credit		$940.69	Rent credit
Total award	$9,723.13	$940.69
Net award	$8,594.44
Total payable by Tenant to Landlord	$8,594.44

Claims and awards for application 5356241 — net $8,594.44 NZD. Verify on MoJ.

Rubbish removal: from garage including removing tenant fixtures

Amount: $470.20
Awarded to: Landlord
Reason: Rubbish removal: from garage including removing tenant fixtures

Rubbish removal: from section and removal of paving stones

Amount: $2,206.26
Awarded to: Landlord
Reason: Rubbish removal: from section and removal of paving stones

Cleaning: including oven and stove

Amount: $730.63
Awarded to: Landlord
Reason: Cleaning: including oven and stove

Replace carpet in 3 bedrooms and living area

Amount: $2,764.04
Awarded to: Landlord
Reason: Replace carpet in 3 bedrooms and living area

Repairs: to walls and doors including paintwork required

Amount: $3,524.00
Awarded to

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Accessible Properties New Zealand Limited $8,594.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $188.00 (5180970-003) to Accessible Properties New Zealand Limited immediately.

Reasons

Only the landlord attended the hearing. The tenant could not be contacted.
The landlord has applied for 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 5/9/2025 at which time there was a rent credit, subsequently the tenant has made some payments towards the debt and a rent credit has been applied. The landlord provided rent records which confirm the credit owing to the tenant 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, 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. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove extensive rubbish, fixtures from the garage and paving stones.
The carpets were so extensively stained and damaged they required replacement.
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 following damage was caused during the tenancy: walls and doors throughout the property were damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation when assessing the claim for carpet replacement. 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 at 30%, I have taken into account the age and condition of the carpet at the end of the tenancy and its likely useful lifespan given that it was new three years ago. The claim for repairs is not depreciated as the actual costs of repairing damaged surfaces only was claimed.
Because Accessible Properties New Zealand Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5356241 — net $8,594.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal: from garage including removing tenant fixtures	$470.20		Rubbish removal: from garage including removing tenant fixtures
Rubbish removal: from section and removal of paving stones	$2,206.26		Rubbish removal: from section and removal of paving stones
Cleaning: including oven and stove	$730.63		Cleaning: including oven and stove
Replace carpet in 3 bedrooms and living area	$2,764.04		Replace carpet in 3 bedrooms and living area
Repairs: to walls and doors including paintwork required	$3,524.00		Repairs: to walls and doors including paintwork required
Filing fee reimbursement	$28.00		Filing fee reimbursement
Rent credit		$940.69	Rent credit
Total award	$9,723.13	$940.69
Net award	$8,594.44
Total payable by Tenant to Landlord	$8,594.44

Claims and awards for application 5356241 — net $8,594.44 NZD. Verify on MoJ.

Rubbish removal: from garage including removing tenant fixtures

Amount: $470.20
Awarded to: Landlord
Reason: Rubbish removal: from garage including removing tenant fixtures

Rubbish removal: from section and removal of paving stones

Amount: $2,206.26
Awarded to: Landlord
Reason: Rubbish removal: from section and removal of paving stones

Cleaning: including oven and stove

Amount: $730.63
Awarded to: Landlord
Reason: Cleaning: including oven and stove

Replace carpet in 3 bedrooms and living area

Amount: $2,764.04
Awarded to: Landlord
Reason: Replace carpet in 3 bedrooms and living area

Repairs: to walls and doors including paintwork required

Amount: $3,524.00
Awarded to

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Accessible Properties New Zealand Limited $8,594.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $188.00 (5180970-003) to Accessible Properties New Zealand Limited immediately.

Reasons

Only the landlord attended the hearing. The tenant could not be contacted.
The landlord has applied for 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 5/9/2025 at which time there was a rent credit, subsequently the tenant has made some payments towards the debt and a rent credit has been applied. The landlord provided rent records which confirm the credit owing to the tenant 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, 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. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove extensive rubbish, fixtures from the garage and paving stones.
The carpets were so extensively stained and damaged they required replacement.
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 following damage was caused during the tenancy: walls and doors throughout the property were damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation when assessing the claim for carpet replacement. 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 at 30%, I have taken into account the age and condition of the carpet at the end of the tenancy and its likely useful lifespan given that it was new three years ago. The claim for repairs is not depreciated as the actual costs of repairing damaged surfaces only was claimed.
Because Accessible Properties New Zealand Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5356241 — Property damage at 22B Opal Drive, Papamoa Beach, Papamoa 3118

At a glance

Tenancy Tribunal case 5356241 — Property damage at 22B Opal Drive, Papamoa Beach, Papamoa 3118

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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 rent?

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.