Published tribunal order
Tenancy Tribunal case 5377205 — Cleanliness at Flat 4, 183 Hastings Street East, Waltham, Christchurch 8023
Published 21 January 2026 · Application 5377205
Landlord favoured
- Cleanliness
- Property damage
Order
- Cordell Johns must pay Dylan Beardsley $2,133.39 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $360.00 (BN-00002652) to Dylan Beardsley immediately. DescriptionLandlord Cleaning$660.00 Rubbish removal$742.70 Lock/key replacement$260.00 Replace furnishings: carpet$802.69 Filing fee reimbursement$28.00 Total award$2,493.39 Bond$360.00 Total tenant owes the landlord$2,133.39
Reasons
- The hearing was conducted on Microsoft Teams by telephone.
- The landlord attended the hearing.
- The tenant did not attend. The hearing proceeded in their absence.
- The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
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, did not remove all rubbish, and returned the keys late after the landlord had changed the locks.
- The amounts ordered are proved.
Is the tenant liable for the damage to the premises?
- The landlord claims for damage to the carpet and vinyl.
- To succeed in these claims 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
- 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. 3
- 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. 4
- During the tenancy, am approximately 1.5m 2 section of carpet and underlay in the lounge had been cut out.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage was clearly caused intentionally.
- I order the costs of replacement depreciated at the rate of 54 months divided by 96 months. That is because the landlord should be returned to the position they would 1 Residential Tenancies Act 1986 (1986) s 40(1)(e)(ii)-(v). 2 RTA ss 40(2)(a), 41 and 49B. 3 RTA s 49B(1). 4 See Guo v Korck [2019] NZHC 1541. 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 carpet at the start of the tenancy and its likely useful lifespan.
- I do not allow the claim for the vinyl damage because I am not satisfied from the landlord’s photograph that the damage is more than fair wear and tear. Filing fee
- The tenant must reimburse the landlord for the filing fee. Bond
- The Tribunal directs the Bond Centre to release the bond to the landlord in part payment of the amount ordered.