What was Tenancy Tribunal case 5369766 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5369766?

Cleaning: $495.00 awarded to landlord; Cleaning: $489.44 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $324.51 awarded to landlord; Replacing Carpet In Bedroom 1: $669.00 awarded to landlord; Rubbish Removal: $199.63 awarded to landlord

What type of tenancy dispute was case 5369766?

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

Where can I read the official tribunal order for case 5369766?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12838331-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5369766 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5369766?

Cleaning: $495.00 awarded to landlord; Cleaning: $489.44 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $324.51 awarded to landlord; Replacing Carpet In Bedroom 1: $669.00 awarded to landlord; Rubbish Removal: $199.63 awarded to landlord

What type of tenancy dispute was case 5369766?

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

Where can I read the official tribunal order for case 5369766?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12838331-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5369766 — Cleanliness

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New Zealand Tenancy Tribunal Case 5369766 — Cleanliness | 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 5369766 — net $2,205.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$489.44	Cleaning
Carpet Cleaning	$495.00	Carpet Cleaning
Rubbish removal	$199.63	Rubbish removal
Replacing carpet in bedroom 1	$669.00	Replacing carpet in bedroom 1
Repair, plaster and paint damaged walls and skirtings	$324.51	Repair, plaster and paint damaged walls and skirtings
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,205.58
Total payable by Tenant to Landlord	$2,205.58

Claims and awards for application 5369766 — net $2,205.58 NZD. Verify on MoJ.

Cleaning

Amount: $489.44
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $495.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $199.63
Awarded to: Landlord
Reason: Rubbish removal

Replacing carpet in bedroom 1

Amount: $669.00
Awarded to: Landlord
Reason: Replacing carpet in bedroom 1

Repair, plaster and paint damaged walls and skirtings

Amount: $324.51
Awarded to: Landlord
Reason: Repair, plaster and paint damaged walls and skirtings

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Nikita Nola Sarah Liverton must pay [The landlord/s] $2,205.58 immediately, calculated as shown in the table below.

Reasons

The landlord attended the video hearing.
The tenant did not join the video link and calls to her cell phone number provided in the application diverted to voicemail. I am satisfied that she received notice of the hearing and did not attend.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The tenancy was terminated by a previous order of the Tribunal with effect on 29 September 2025.

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 (RTA).
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish as shown in the photos produced in evidence. In respect of work carried out by the landlord, I have awarded the amounts sought less fees charged for travel, and health and safety, which may not be passed onto the tenant.
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.
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: The carpet in bedroom was damaged because the tenant was keeping a rabbit hutch in the bedroom and the rabbit was soiling directly onto the carpeted floor which damaged the carpet, the underlay and floorboards beneath. The landlord had to replace the carpet and underlay. The tenant was also keeping a kitten. Either the kitten or the rabbit chewed on various parts of the walls in the stairwell and lounge. The skirting in bedroom 2 was also damaged. These areas required plastering and repainting. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which I find was likely intentional.
The amounts ordered are proved.
I have taken into account betterment and depreciation. 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, I must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. I note that the premises were brand new and this was the first tenancy. Therefore, I consider the costs of carpet replacement should not be depreciated.
As the landlord has substantially succeeded with their claims, they are entitled to suppression of their names and identifying details as requested and reimbursement of 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 5369766 — net $2,205.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$489.44	Cleaning
Carpet Cleaning	$495.00	Carpet Cleaning
Rubbish removal	$199.63	Rubbish removal
Replacing carpet in bedroom 1	$669.00	Replacing carpet in bedroom 1
Repair, plaster and paint damaged walls and skirtings	$324.51	Repair, plaster and paint damaged walls and skirtings
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,205.58
Total payable by Tenant to Landlord	$2,205.58

Claims and awards for application 5369766 — net $2,205.58 NZD. Verify on MoJ.

Cleaning

Amount: $489.44
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $495.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $199.63
Awarded to: Landlord
Reason: Rubbish removal

Replacing carpet in bedroom 1

Amount: $669.00
Awarded to: Landlord
Reason: Replacing carpet in bedroom 1

Repair, plaster and paint damaged walls and skirtings

Amount: $324.51
Awarded to: Landlord
Reason: Repair, plaster and paint damaged walls and skirtings

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Nikita Nola Sarah Liverton must pay [The landlord/s] $2,205.58 immediately, calculated as shown in the table below.

Reasons

The landlord attended the video hearing.
The tenant did not join the video link and calls to her cell phone number provided in the application diverted to voicemail. I am satisfied that she received notice of the hearing and did not attend.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The tenancy was terminated by a previous order of the Tribunal with effect on 29 September 2025.

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 (RTA).
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish as shown in the photos produced in evidence. In respect of work carried out by the landlord, I have awarded the amounts sought less fees charged for travel, and health and safety, which may not be passed onto the tenant.
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.
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: The carpet in bedroom was damaged because the tenant was keeping a rabbit hutch in the bedroom and the rabbit was soiling directly onto the carpeted floor which damaged the carpet, the underlay and floorboards beneath. The landlord had to replace the carpet and underlay. The tenant was also keeping a kitten. Either the kitten or the rabbit chewed on various parts of the walls in the stairwell and lounge. The skirting in bedroom 2 was also damaged. These areas required plastering and repainting. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which I find was likely intentional.
The amounts ordered are proved.
I have taken into account betterment and depreciation. 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, I must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. I note that the premises were brand new and this was the first tenancy. Therefore, I consider the costs of carpet replacement should not be depreciated.
As the landlord has substantially succeeded with their claims, they are entitled to suppression of their names and identifying details as requested and reimbursement of the filing fee.

Tenancy Tribunal case 5369766 — Cleanliness

At a glance

Tenancy Tribunal case 5369766 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Frequently asked questions