What was the outcome of Tenancy Tribunal case 5357121?

The tribunal order states: Shantell Moa must pay Nzpro Property Management Limited As Agent For

How much money was awarded in case 5357121?

Cleaning: $678.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Painting: $4,080.00 awarded to landlord; Property Damage: $250.70 awarded to landlord; Property Damage: $4,485.00 awarded to landlord; Remove Cabin: $920.00 awarded to landlord; Rent: $2,168.57 awarded to landlord; Replace Flooring: $1,500.00 awarded to landlord; Rubbish Removal: $1,207.50 awarded to landlord; Water Charges To End Of Tenancy: $582.61 awarded to landlord

What type of tenancy dispute was case 5357121?

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

Where can I read the official tribunal order for case 5357121?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13416490-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5357121?

The tribunal order states: Shantell Moa must pay Nzpro Property Management Limited As Agent For

How much money was awarded in case 5357121?

Cleaning: $678.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Painting: $4,080.00 awarded to landlord; Property Damage: $250.70 awarded to landlord; Property Damage: $4,485.00 awarded to landlord; Remove Cabin: $920.00 awarded to landlord; Rent: $2,168.57 awarded to landlord; Replace Flooring: $1,500.00 awarded to landlord; Rubbish Removal: $1,207.50 awarded to landlord; Water Charges To End Of Tenancy: $582.61 awarded to landlord

What type of tenancy dispute was case 5357121?

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

Where can I read the official tribunal order for case 5357121?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13416490-Tenancy_Tribunal_Order.pdf.

11 Hooks Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5357121 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5357121 — net $13,340.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 16 July 2025	$2,168.57	Rent to 16 July 2025
Water charges to end of tenancy	$582.61	Water charges to end of tenancy
Cleaning	$678.50	Cleaning
Remove cabin	$920.00	Remove cabin
Rubbish removal - internal and external	$1,207.50	Rubbish removal - internal and external
Lock/key replacement	$250.70	Lock/key replacement
Replace flooring	$1,500.00	Replace flooring
Repairs to walls, doors, windows, oven	$4,485.00	Repairs to walls, doors, windows, oven
Painting	$4,080.00	Painting
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$13,340.88
Total payable by Tenant to Landlord	$13,340.88

The landlord attended the hearing today.

The landlord has applied for rent arrears, outgoings, compensation, refund of the bond, and reimbursement of the filing fee.

The application relates to a tenancy which commenced on 13 January 2021. Rent and Water

The tenancy ended on 16 July 2025. The landlord provided rent records and water invoices/calculations which prove the amount owing at the end of the tenancy. Cleaning, Rubbish Removal, Locks

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.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. A “whole house” clean was performed after the tenant’s personal possessions were removed ($678.50). A moveable cabin was not removed by the tenant when they vacated, and the landlord paid for disposal ($920.00). I also understood there was significant rubbish under the house, which explains the high rubbish removal costs ($977.50 + $230.00).

The tenant did not return the keys. The locks had to be changed to secure the property ($250.70). Damage

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.

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. The insurance excess was $1,000.00. The weekly rent was $640.00.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent.

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.

There was damage to walls, doors, kitchen flooring, and the oven (which was missing a door). A window was broken during the tenancy. The carpet was stained.

The landlord obtained a quote for repairs in the sum of $26,622.50. The landlord claimed $1,500.00 for replacement carpet, $450.00 for replacing broken glass, $1,200.00 for installing a new stove, and $750.00 for repairs to doors plus GST (a total of $4,485.00). I accept that these amounts reflect the damage caused by the tenant and are reasonable.

The landlord claimed $1,500.00 for repairs to the kitchen laminate flooring. The photographs show thick tape had been stuck to the floor, which presumably caused damage when removed. The quoted cost of flooring repair was $4,500.00. Again, I accept the landlord’s apportionment as being reflective of the cost of repairing damage caused by the tenant.

The landlord claimed $6,800.00 for painting. The landlord referred to a Healthy Homes report dated 7 January 2021, which showed renovation work including painting was being performed at the premises prior to the tenancy. The landlord said that it was necessary to repaint the premises. Limiting repairs to painting over areas of damage (mainly to the hallway, dining room and bedrooms) would result in mismatched paint. The tenancy ran for more than 4 years. I depreciate the amount claimed by 40% and award $4,080.00 for painting.

The damage is more than fair wear and tear, and the tenant has not disproved intentional or careless liability for the damage. Filing Fee

The landlord’s application has been successful. I award the filing fee.

Claims and awards in Tenancy Tribunal application 5357121 — net $13,340.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 16 July 2025	$2,168.57	Rent to 16 July 2025
Water charges to end of tenancy	$582.61	Water charges to end of tenancy
Cleaning	$678.50	Cleaning
Remove cabin	$920.00	Remove cabin
Rubbish removal - internal and external	$1,207.50	Rubbish removal - internal and external
Lock/key replacement	$250.70	Lock/key replacement
Replace flooring	$1,500.00	Replace flooring
Repairs to walls, doors, windows, oven	$4,485.00	Repairs to walls, doors, windows, oven
Painting	$4,080.00	Painting
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$13,340.88
Total payable by Tenant to Landlord	$13,340.88

Order

Shantell Moa must pay Nzpro Property Management Limited As Agent For Melissa Kit & Ryan Sam $13,340.88 immediately, calculated as shown in the table below.
The Bond Centre must pay the bond to Nzpro Property Management Limited As agent for Melissa Kit & Ryan Sam immediately.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, outgoings, compensation, refund of the bond, and reimbursement of the filing fee.
The application relates to a tenancy which commenced on 13 January 2021. Rent and Water
The tenancy ended on 16 July 2025. The landlord provided rent records and water invoices/calculations which prove the amount owing at the end of the tenancy. Cleaning, Rubbish Removal, Locks
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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. A “whole house” clean was performed after the tenant’s personal possessions were removed ($678.50). A moveable cabin was not removed by the tenant when they vacated, and the landlord paid for disposal ($920.00). I also understood there was significant rubbish under the house, which explains the high rubbish removal costs ($977.50 + $230.00).
The tenant did not return the keys. The locks had to be changed to secure the property ($250.70). Damage
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.
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. The insurance excess was $1,000.00. The weekly rent was $640.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent.
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.
There was damage to walls, doors, kitchen flooring, and the oven (which was missing a door). A window was broken during the tenancy. The carpet was stained.
The landlord obtained a quote for repairs in the sum of $26,622.50. The landlord claimed $1,500.00 for replacement carpet, $450.00 for replacing broken glass, $1,200.00 for installing a new stove, and $750.00 for repairs to doors plus GST (a total of $4,485.00). I accept that these amounts reflect the damage caused by the tenant and are reasonable.
The landlord claimed $1,500.00 for repairs to the kitchen laminate flooring. The photographs show thick tape had been stuck to the floor, which presumably caused damage when removed. The quoted cost of flooring repair was $4,500.00. Again, I accept the landlord’s apportionment as being reflective of the cost of repairing damage caused by the tenant.
The landlord claimed $6,800.00 for painting. The landlord referred to a Healthy Homes report dated 7 January 2021, which showed renovation work including painting was being performed at the premises prior to the tenancy. The landlord said that it was necessary to repaint the premises. Limiting repairs to painting over areas of damage (mainly to the hallway, dining room and bedrooms) would result in mismatched paint. The tenancy ran for more than 4 years. I depreciate the amount claimed by 40% and award $4,080.00 for painting.
The damage is more than fair wear and tear, and the tenant has not disproved intentional or careless liability for the damage. Filing Fee
The landlord’s application has been successful. I award the filing fee.

Tenancy Tribunal case 5357121 — Property damage at 11 Hooks Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5357121 — Property damage at 11 Hooks Road, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions