What was Tenancy Tribunal case 5358361 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Nzpro Property Management

How much money was awarded in case 5358361?

Cleaning: $632.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,610.00 awarded to landlord; Property Damage: $920.00 awarded to landlord; Rent: $925.00 awarded to landlord; Rubbish Removal: $138.00 awarded to landlord; Water Charges To End Of Tenancy: $580.79 awarded to landlord

What type of tenancy dispute was case 5358361?

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

Where can I read the official tribunal order for case 5358361?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13136664-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5358361 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Nzpro Property Management

How much money was awarded in case 5358361?

Cleaning: $632.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,610.00 awarded to landlord; Property Damage: $920.00 awarded to landlord; Rent: $925.00 awarded to landlord; Rubbish Removal: $138.00 awarded to landlord; Water Charges To End Of Tenancy: $580.79 awarded to landlord

What type of tenancy dispute was case 5358361?

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

Where can I read the official tribunal order for case 5358361?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13136664-Tenancy_Tribunal_Order.pdf.

54 Muir Avenue, Mangere Bridge, Auckland 2022 Tenancy Tribunal Case 5358361 — Property damage

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Reasons

Claims and awards in Tenancy Tribunal application 5358361 — net $2,434.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 6 August 2025	$925.00	Rent to 6 August 2025
Water charges to end of tenancy	$580.79	Water charges to end of tenancy
Cleaning	$632.50	Cleaning
Rubbish removal	$138.00	Rubbish removal
Replacement carpet	$1,610.00	Replacement carpet
Repairs to walls	$920.00	Repairs to walls
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,434.29
Total payable by Tenant to Landlord	$2,434.29

Both parties attended the hearing yesterday, 17 February 2026.

On 7 November 2025 the landlord applied to the Tribunal for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee.

The tenancy started on 13 November 2021 and ended on 6 August 2025. Rent and Water

The landlord provided rent records and water invoices which prove the amounts owing at the end of the tenancy ($925.00 for rent and $580.79 for water). The tenant did not provide any evidence to suggest that the rent and water summaries were wrong. Cleaning and Rubbish

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 landlord said there was a need for cleaning in the kitchen, the bathroom, and to the walls and skirting, for example. The tenant accepted the cleaning charges claimed of $632.50.

The landlord claimed rubbish removal costs of $138.00. The landlord referred to photographs of exterior rubbish at the end of the tenancy. The tenant said the rubbish was there when they moved in and explained that they were unable to use the garage for storage because it was full. The grounds look neat and tidy at the start of the tenancy, with no obvious rubbish. I award the rubbish removal costs claimed. 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.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent. In this case, there was no insurance, and based on a weekly rent of $665.00, liability is limited to $2,660.00 for each act or omission causing damage.

The landlord claimed the cost of replacing carpet ($3,220.00) replacing curtains ($1,495.00) and repairing walls ($3,680.00). The landlord said that while there was carpet and wall damage at the start of the tenancy, there was further damage caused by the tenant.

After reviewing both the ingoing and outgoing inspection reports, I am satisfied that there was additional staining to the carpets. The landlord said the main issue was with the smell from a pet dog. The tenant said they did not allow the dog in the house. I note that according to the tenancy agreement, the tenant was not allowed to have pets.

I find that the carpet was damaged during the tenancy and had to be replaced. However, the carpet was at least 4 years old, and probably several years older at least. I award 50% of the amount claimed for carpet to make allowance for depreciation ($1,610.00).

I also find that there was some additional damage to the walls, although it is difficult to assess. The patches to the lounge walls in the exit inspection report (photographs 41 and 42) appear to be the same damage in the ingoing report (photograph 882). There is damage in bedroom 2 (exit photographs 93-98) which I cannot identify in the entry inspection. There is a large wall patch in bedroom 3 (exit photograph 110) which is not shown in the entry pictures. The ingoing report does refer to “One big paint damage on the left wall. Another small minor damage to the left of the big mark.” This description is consistent with photograph 110 in the exit report.

Performing a summary assessment after considering the evidence as discussed, I award 25% of the claimed amount for wall repairs, an award of $920.00.

The landlord said the curtains were stained. The tenant said that the original curtains did not keep the house warm and so she replaced them with her own curtains. The original curtains were disposed of. The exit report shows curtains in the lounge, hallway, and bedrooms 1 and 3. They do not look to be in poor condition, although the report describes them as mouldy.

I find it has not been established that the curtains needed replacing or that the landlord has suffered loss by reason of disposal of the original curtains and their replacement. The premises still have curtains.

The landlord claimed $470.00 for damage to the window and door sills. I cannot see this damage in the landlord’s photographs. I dismiss this claim.

The claims for damage to the kitchen and laundry floors, the kitchen bench and taps and wall painting, door stoppers, window latches, downpipe repair and repairs to the deck were withdrawn at the hearing. Other Matters

The tenant spoke about not being able to use the garage and about maintenance issues with the deck and the stove. The tenant referred to work they had done to improve the premises without compensation from the landlord.

Without an application from the tenant, it was not possible to address these issues properly and the landlord had no notice of them prior to the hearing. I make no findings. Filing Fee

The landlord’s application has been partly successful. I exercise my discretion to award the filing fee to the landlord.

Reasons

Claims and awards in Tenancy Tribunal application 5358361 — net $2,434.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 6 August 2025	$925.00	Rent to 6 August 2025
Water charges to end of tenancy	$580.79	Water charges to end of tenancy
Cleaning	$632.50	Cleaning
Rubbish removal	$138.00	Rubbish removal
Replacement carpet	$1,610.00	Replacement carpet
Repairs to walls	$920.00	Repairs to walls
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,434.29
Total payable by Tenant to Landlord	$2,434.29