What was the outcome of Tenancy Tribunal case 5375443?

The tribunal order states: Luke Kapea must pay Mackys Real Estate Limited $8,570.22 immediately, calculated

How much money was awarded in case 5375443?

Cleaning: $250.00 awarded to landlord; Carpet Condition Report: $235.00 awarded to landlord; Cleaning: $157.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $154.50 awarded to landlord; Rent Arrears: $3,757.14 awarded to landlord; Replace Carpets: $3,988.08 awarded to landlord

What type of tenancy dispute was case 5375443?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 5375443?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13027330-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5375443?

The tribunal order states: Luke Kapea must pay Mackys Real Estate Limited $8,570.22 immediately, calculated

How much money was awarded in case 5375443?

Cleaning: $250.00 awarded to landlord; Carpet Condition Report: $235.00 awarded to landlord; Cleaning: $157.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $154.50 awarded to landlord; Rent Arrears: $3,757.14 awarded to landlord; Replace Carpets: $3,988.08 awarded to landlord

What type of tenancy dispute was case 5375443?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 5375443?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13027330-Tenancy_Tribunal_Order.pdf.

27 Longview Street, Mangawhai, Mangawhai 0505 Tenancy Tribunal Case 5375443 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 5375443. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 September 2025	$3,757.14	Rent arrears to 8 September 2025
Cleaning	$157.50	Cleaning
Carpet cleaning	$250.00	Carpet cleaning
Carpet condition report	$235.00	Carpet condition report
Replace carpets	$3,988.08	Replace carpets
Lock/key replacement	$154.50	Lock/key replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement

The hearing was conducted on Microsoft Teams by video.

Leona Thompson and Debbie Burkinshaw attended the hearing for the landlord.

The tenant did not attend. The hearing proceeded in their absence.

The landlord has applied for rent arrears, compensation for costs, and reimbursement of the filing fee following the end of the tenancy.

How much rent does the tenant owe?

The tenancy ended on 8 September 2025. The landlord provided rent records which prove the amount owing for rent at the end of the tenancy after the landlord received the bond.

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. 1

The tenant did not leave the premises reasonably clean and tidy.

In addition to general cleaning, the landlord discovered the carpets throughout the premises were affected by pet urine. The landlord had the carpets cleaned but a foul odour remained. An expert carpet cleaner found that the carpets had to be replaced due to the amounts of the pet urine in the carpets.

The tenant did not return all the keys. The landlord had to rekey the front door to ensure the security of the premises.

The amounts ordered for cleaning, carpet cleaning, the expert report, and lock and key replacement are supported by invoices. I find the claims for these proved.

The landlord claimed for garden work. However, the landlord’s exit photographs do not satisfy me that the gardens and lawns were not left reasonably tidy. Tenancy Services’ website advice is that the tenant’s garden duties include mowing lawns and weeding and the landlord’s duties include hedge trimming and shrub maintenance. I would tend to concur with that division of responsibilities between landlord and tenant and there is a virtue in having a common standardised approach which is accessible on the Tenancy Services website which is the principal information source of reliable information for landlords and tenants. In this regard, the landlord’s invoice does not mention mowing or weeding as needing to be done. The claim for gardening costs is dismissed.

Is the tenant responsible for the damage to the premises?

The landlord claims for the cost of having to replace the carpets due to the pet urine damage. 1 Residential Tenancies Act 1986 (RTA) s 40(1)(e)(ii-iv).

To succeed in a damage claim, the 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. 2

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). 3

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). 4 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 5

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. 6

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. 7

I am satisfied that the carpets were subjected to pet urine and that the odour from it could not economically be removed by cleaning. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. It is probable the tenant allowed a situation to continue in which a pet was repeatedly urinating throughout the house knowing that urine damage was a certainty.

The landlord explored insurance cover, but the insurer regarded each incident of damage to the carpet as a separate one to which the $1,500.00 excess would be applied. Therefore, it was not economic for the landlord to claim for the cost of replacing the carpets. 2 RTA ss 40(2)(a), 41 and 49B. 3 RTA See s 49B(3)(a). 4 RTA s 49B(3)(b). 5 RTA s 49B(3A)(a). 6 RTA s 49B(1). 7 See Guo v Korck [2019] NZHC 1541.

I have taken betterment and depreciation of the carpets into account. 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 have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. I consider a depreciation rate of 40 percent is appropriate, which also includes evaluation of the likely labour and materials costs.

I am satisfied the amount ordered is commensurate to the landlord’s proven loss. Filing fee

The tenant must reimburse the landlord for the filing fee. 8

Reasons

Claims and awards in Tenancy Tribunal application 5375443. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 September 2025	$3,757.14	Rent arrears to 8 September 2025
Cleaning	$157.50	Cleaning
Carpet cleaning	$250.00	Carpet cleaning
Carpet condition report	$235.00	Carpet condition report
Replace carpets	$3,988.08	Replace carpets
Lock/key replacement	$154.50	Lock/key replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement

The hearing was conducted on Microsoft Teams by video.

Leona Thompson and Debbie Burkinshaw attended the hearing for the landlord.

The tenant did not attend. The hearing proceeded in their absence.

The landlord has applied for rent arrears, compensation for costs, and reimbursement of the filing fee following the end of the tenancy.

How much rent does the tenant owe?

The tenancy ended on 8 September 2025. The landlord provided rent records which prove the amount owing for rent at the end of the tenancy after the landlord received the bond.

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. 1

The tenant did not leave the premises reasonably clean and tidy.

The tenant did not return all the keys. The landlord had to rekey the front door to ensure the security of the premises.

The amounts ordered for cleaning, carpet cleaning, the expert report, and lock and key replacement are supported by invoices. I find the claims for these proved.

Is the tenant responsible for the damage to the premises?

The landlord claims for the cost of having to replace the carpets due to the pet urine damage. 1 Residential Tenancies Act 1986 (RTA) s 40(1)(e)(ii-iv).

I am satisfied the amount ordered is commensurate to the landlord’s proven loss. Filing fee

The tenant must reimburse the landlord for the filing fee. 8

Tenancy Tribunal case 5375443 — Rent arrears at 27 Longview Street, Mangawhai, Mangawhai 0505

At a glance

Tenancy Tribunal case 5375443 — Rent arrears at 27 Longview Street, Mangawhai, Mangawhai 0505

At a glance

Claims & awards

Dismissed claims

Order

Reasons

How much rent does the tenant owe?

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

Property management

Frequently asked questions

Claims & awards

Dismissed claims

Order

Reasons

How much rent does the tenant owe?

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

Property management

Frequently asked questions