What was Tenancy Tribunal case 5374502 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 5374502?

Cleaning: $358.82 awarded to landlord; Cleaning: $281.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,011.43 awarded to landlord; Water Rates: $287.23 awarded to landlord

What type of tenancy dispute was case 5374502?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5374502?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12906923-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5374502 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 5374502?

Cleaning: $358.82 awarded to landlord; Cleaning: $281.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,011.43 awarded to landlord; Water Rates: $287.23 awarded to landlord

What type of tenancy dispute was case 5374502?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5374502?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12906923-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5374502 — Rent arrears

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New Zealand Tenancy Tribunal Case 5374502 — Rent arrears | 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 5374502 — net $1,967.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/10/25	$1,011.43	Rent arrears to 21/10/25
Water rates to 21/10/25	$287.23	Water rates to 21/10/25
Cleaning: Green acres invoice	$281.75	Cleaning: Green acres invoice
Cleaning, replace lights, shower curtain and repair bathroom, remove green waste	$358.82	Cleaning, replace lights, shower curtain and repair bathroom, remove green waste
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,967.23
Bond	$2,360.00
Total payable by Tenant to Landlord	$1,967.23

Claims and awards for application 5374502 — net $1,967.23 NZD. Verify on MoJ.

Rent arrears to 21/10/25

Amount: $1,011.43
Awarded to: Landlord
Reason: Rent arrears to 21/10/25

Water rates to 21/10/25

Amount: $287.23
Awarded to: Landlord
Reason: Water rates to 21/10/25

Cleaning: Green acres invoice

Amount: $281.75
Awarded to: Landlord
Reason: Cleaning: Green acres invoice

Cleaning, replace lights, shower curtain and repair bathroom, remove green waste

Amount: $358.82
Awarded to: Landlord
Reason: Cleaning, replace lights, shower curtain and repair bathroom, remove green waste

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Aimee Ward to pay [The landlord/s] $1,967.23 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,360.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,967.23 Aimee Ward: $392.77

Reasons

The landlord attended the hearing by video call.
The tenant did not join the remote hearing and was telephoned on the phone number provided but the phone call went to voice mail. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The tenancy has ended. The landlord has applied for: a. rent arrears, b. water rates, c. compensation, d. refund of the bond, e. reimbursement of the filing fee, and f. name suppression.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood.
The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy 1 , in practical terms this means that: ... “[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.”

RENT ARREARS

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 2 The tenancy ended on 21 October 2025.
The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,011.43 and this is ordered accordingly.

WATER RATES

The tenant is responsible for water consumption charges. 3
The landlord provided a water rates invoice and meter reading which prove the amount owing at the end of the tenancy was $287.23 and this amount is ordered accordingly. COMPENSATION CLAIMS: The Law - Obligations at the end of the tenancy
At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 4 The tenant must also replace standard light bulbs.
There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean. The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces 1 Kaipo v Clarke & McCarthy (DC) TT233/02 2 See section 40 (1)(a) of the RTA. 3 See section 39 RTA. 4 See section 40(1)(e) of the RTA. that are new and in a good condition will be easier to clean than older and worn surfaces, particularly with paint work). The Law - Liability for damage
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 5 Where a landlord is claiming compensation for 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. 6
Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 7
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). 8
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). 9 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 10
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. 11
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. 12
In assessing a claim for compensation, I must take 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 5 See s 40 (2)(a) of the RTA. 6 See sections 40(2)(a), 41 and 49B RTA. 7 See Taylor v Webb [1937] 2KB 283 (CA). 8 See section 49B(3)(a) RTA. 9 See section 49B(3)(b) RTA. 10 See section 49B(3A)(a) RTA. 11 See section 49B(1) RTA. 12 See Guo v Korck [2019] NZHC 1541. 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. This case
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant had dogs in the premises and this resulted in an odour in the premises at the end of the tenancy. Carpet cleaning was required. The landlord had to replace light bulbs.
The bathroom silicon was damaged with mould due to a lack of cleaning during the tenancy. The landlord provided oral evidence that the shower curtain was also mouldy, which seems likely given the level of mould in the bathroom. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are $281.75 for the Green acres invoice and $358.82 for the PM Maintenance invoice.
The amounts ordered are proved.

FILING FEE

As the landlord has succeeded with the claim, I have reimbursed the filing fee. 13

BOND

Part of the bond is to be paid to the landlord to offset the amounts ordered and the balance is to be paid to the tenant.

SUPPRESSION

The landlord sought name suppression and as the application is successful, I have made an order accordingly. 14

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 5374502 — net $1,967.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/10/25	$1,011.43	Rent arrears to 21/10/25
Water rates to 21/10/25	$287.23	Water rates to 21/10/25
Cleaning: Green acres invoice	$281.75	Cleaning: Green acres invoice
Cleaning, replace lights, shower curtain and repair bathroom, remove green waste	$358.82	Cleaning, replace lights, shower curtain and repair bathroom, remove green waste
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,967.23
Bond	$2,360.00
Total payable by Tenant to Landlord	$1,967.23

Claims and awards for application 5374502 — net $1,967.23 NZD. Verify on MoJ.

Rent arrears to 21/10/25

Amount: $1,011.43
Awarded to: Landlord
Reason: Rent arrears to 21/10/25

Water rates to 21/10/25

Amount: $287.23
Awarded to: Landlord
Reason: Water rates to 21/10/25

Cleaning: Green acres invoice

Amount: $281.75
Awarded to: Landlord
Reason: Cleaning: Green acres invoice

Cleaning, replace lights, shower curtain and repair bathroom, remove green waste

Amount: $358.82
Awarded to: Landlord
Reason: Cleaning, replace lights, shower curtain and repair bathroom, remove green waste

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Aimee Ward to pay [The landlord/s] $1,967.23 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,360.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,967.23 Aimee Ward: $392.77

Reasons

The landlord attended the hearing by video call.
The tenant did not join the remote hearing and was telephoned on the phone number provided but the phone call went to voice mail. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The tenancy has ended. The landlord has applied for: a. rent arrears, b. water rates, c. compensation, d. refund of the bond, e. reimbursement of the filing fee, and f. name suppression.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood.
The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy 1 , in practical terms this means that: ... “[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.”

RENT ARREARS

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 2 The tenancy ended on 21 October 2025.
The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,011.43 and this is ordered accordingly.

WATER RATES

The tenant is responsible for water consumption charges. 3
The landlord provided a water rates invoice and meter reading which prove the amount owing at the end of the tenancy was $287.23 and this amount is ordered accordingly. COMPENSATION CLAIMS: The Law - Obligations at the end of the tenancy
At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 4 The tenant must also replace standard light bulbs.
There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean. The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces 1 Kaipo v Clarke & McCarthy (DC) TT233/02 2 See section 40 (1)(a) of the RTA. 3 See section 39 RTA. 4 See section 40(1)(e) of the RTA. that are new and in a good condition will be easier to clean than older and worn surfaces, particularly with paint work). The Law - Liability for damage
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 5 Where a landlord is claiming compensation for 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. 6
Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. 7
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). 8
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). 9 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 10
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. 11
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. 12
In assessing a claim for compensation, I must take 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 5 See s 40 (2)(a) of the RTA. 6 See sections 40(2)(a), 41 and 49B RTA. 7 See Taylor v Webb [1937] 2KB 283 (CA). 8 See section 49B(3)(a) RTA. 9 See section 49B(3)(b) RTA. 10 See section 49B(3A)(a) RTA. 11 See section 49B(1) RTA. 12 See Guo v Korck [2019] NZHC 1541. 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. This case
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant had dogs in the premises and this resulted in an odour in the premises at the end of the tenancy. Carpet cleaning was required. The landlord had to replace light bulbs.
The bathroom silicon was damaged with mould due to a lack of cleaning during the tenancy. The landlord provided oral evidence that the shower curtain was also mouldy, which seems likely given the level of mould in the bathroom. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are $281.75 for the Green acres invoice and $358.82 for the PM Maintenance invoice.
The amounts ordered are proved.

FILING FEE

As the landlord has succeeded with the claim, I have reimbursed the filing fee. 13

BOND

Part of the bond is to be paid to the landlord to offset the amounts ordered and the balance is to be paid to the tenant.

SUPPRESSION

The landlord sought name suppression and as the application is successful, I have made an order accordingly. 14

Tenancy Tribunal case 5374502 — Rent arrears

At a glance

Tenancy Tribunal case 5374502 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

RELEVANT LEGAL CONSIDERATIONS

RENT ARREARS

WATER RATES

FILING FEE

BOND

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RELEVANT LEGAL CONSIDERATIONS

RENT ARREARS

WATER RATES

FILING FEE

BOND

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions