Published tribunal order
Tenancy Tribunal case 5374784 — Cleanliness
Decided 16 Feb 2026 · Published 16 Feb 2026 · Application 5374784
- Cleanliness
- Property damage
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord’s name and identifying details.
- [The tenant] to pay [The landlord] $95.00 from the bond, calculated as shown in table below.
- [The landlord] to pay [The tenant] the remaining $580.00 from the bond, into her bank account 12-3602-0354096-00.
Reasons
- Both parties attended the hearing.
- The tenant has applied for refund of the bond and reimbursement of the filing fee following the end of the tenancy.
- The parties have come to a mutual agreement to settle all matters between them, relating to the tenancy, and have agreed to me making this Order by consent on the basis that there is no issue as to costs. Evidential standard
- The standard of proof required in the Tribunal is the usual civil standard of “‘on the balance of probabilities”. Put another way, I must be persuaded of what is more likely than not to be the case. I note that whilst I may not have referred to all the expansive evidence presented in writing prior to the hearing and orally at the hearing, the parties can be assured that it has all been considered.
- After all the evidence was considered, I gave the parties’ an indication of what my decision would be in relation to the deduction claims the landlord was making over the bond.
- After considering my preliminary decision, the parties agreed to me making this Order by consent.
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 evidence produced by the parties proves, on the balance of probabilities, that the tenant did not leave the premises reasonably clean and tidy at the end of the tenancy.
- The amount ordered is 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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
- 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 landlord has proven on the balance of probability the damage to the plant container was caused due to careless damage during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amount ordered is proved. Reimbursement of filing fee
- Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
- Because [The applicant] has not wholly or substantially succeeded in her claims, I dismiss her claim for reimbursement of the filing fee. Name suppression
- The tenant applies for non-publication of their names and identifying details.
- The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
- The tenant has not wholly or substantially succeeded in her proceedings. However, I do not consider publication is in the public interest or justified because of the tenant’s conduct or any other circumstances of the case.
- The landlord has not applied for name suppression, but the Tribunal has used its discretion to grant name suppression to the landlord, as I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case and publishing her name may lead to detrimental impacts on her ability to rent out her home in the future.
- Non-publication of both parties’ names and identifying details is ordered.