Tenantcheck Insights · Case study
Tenancy Tribunal case 5385487 — Property damage at 2 Hinemoa Street, Paraparaumu 5032
Published 30 January 2026 · Application 5385487
Landlord favoured
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Paraparaumu
Tribunal region
Adjudicator
S Young
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,309.75
- Total balance for Tenant to pay Landlord
- $1,309.75
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Cleaning | $316.25 | 6. The landlord provided photos of the premises at the commencement of the tenancy and also photos taken at the end of the tenancy. | |
| Carpet Cleaning | $269.50 | 6. The landlord provided photos of the premises at the commencement of the tenancy and also photos taken at the end of the tenancy. | |
| Light bulbs | $30.00 | s required replacement due to an electrical fault. The tenant is ordered to pay $30.00. | |
| Panel heater | $92.00 | Panel heater | |
| Repairs: Curtain rail | $24.00 | Repairs: Curtain rail | |
| Repairs: Painting and sanding | $250.00 | ______ 53854874 Taking those factors into account, the tenant is ordered to pay $250.00 to the landlord in compensation. | |
| Repairs: Doors x 3 | $300.00 | Repairs: Doors x 3 | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,309.75 | ||
| Bond | $2,360.00 | ||
| Total payable by Tenant to Landlord | $1,309.75 |
Claims and awards for application 5385487 — net $1,309.75 NZD. Verify on MoJ.
Cleaning
- Amount
- $316.25
- Awarded to
- Landlord
- Reason
- 6. The landlord provided photos of the premises at the commencement of the tenancy and also photos taken at the end of the tenancy.
Carpet Cleaning
- Amount
- $269.50
- Awarded to
- Landlord
- Reason
- 6. The landlord provided photos of the premises at the commencement of the tenancy and also photos taken at the end of the tenancy.
Light bulbs
- Amount
- $30.00
- Awarded to
- Landlord
- Reason
- s required replacement due to an electrical fault. The tenant is ordered to pay $30.00.
Panel heater
- Amount
- $92.00
- Awarded to
- Landlord
- Reason
- Panel heater
Repairs: Curtain rail
- Amount
- $24.00
- Awarded to
- Landlord
- Reason
- Repairs: Curtain rail
Repairs: Painting and sanding
- Amount
- $250.00
- Awarded to
- Landlord
- Reason
- ______ 53854874 Taking those factors into account, the tenant is ordered to pay $250.00 to the landlord in compensation.
Repairs: Doors x 3
- Amount
- $300.00
- Awarded to
- Landlord
- Reason
- Repairs: Doors x 3
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,309.75
Bond
Landlord $2,360.00
Total payable by Tenant to Landlord
Landlord $1,309.75
Dismissed claims
- Overpayment Of Rent — Did the tenant comply with their obligations at the end of the tenancy?
Claim types — money lines allowed on this order
Order
- Samuel Thorpe to pay Jade Rental Properties Limited As Agent For Soon Chul (Richard) Kwon $1,309.75 from the bond, calculated as shown in table below.
- The Bond Centre is to pay the bond of $2,360.00 (BN-10065841) immediately apportioned as follows: Jade Rental Properties Limited As Agent For Soon Chul (Richard) Kwon: $1,309.75 Samuel Thorpe: $1,050.25
Reasons
- Both parties attended the remote hearing.
- The tenant applied for release of the bond and over payment of rent.
- The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
- The tenant had paid two weeks rent in advance. At the commencement of the tenancy. The rent summary provided by the landlord showed that that “rent in advance“ paid by the tenant had been included in the final calculation and no rent had been overpaid by the tenant. The tenant’s claim for overpayment of rent is dismissed.
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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The landlord provided photos of the premises at the commencement of the tenancy and also photos taken at the end of the tenancy. The photos indicate that the premises had not been left reasonably clean and tidy by the tenant and that both cleaning and carpet cleaning were required. The landlord provided invoices for cleaning of $316.25 and for carpet cleaning of $269.50. The amounts are reasonable and the claim is proven.
- The tenant must also replace standard light bulbs. The landlord provided invoices for replacement light bulbs of $64.86. The tenants said that throughout the tenancy they had experienced problems with replacement bulbs blowing almost immediately. In the circumstances, I accept that some light bulbs did require replacement, but that others required replacement due to an electrical fault. The tenant is ordered to pay $30.00.
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. The landlord is insured. The landlord’s policy of insurance carries an excess of $1,000.00 on each and every claim.
- 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 following damage was caused during the tenancy: There was minor damage to the walls throughout the premises. The landlord provided photos of the damage. The tenant said that some of the damage had been caused by fair wear and tear. This was a tenancy of almost five years. A degree of wear and tear is to be expected. The original claim by the landlord was for $1,418.53. That claim included a claim for the repair of doors. The landlord said that the amount allocated to doors in the that claim was $385.23. I have deducted that sum from the original claim and will deal with the claim for doors separately. A tradesman indicated that the age of the wallpaper in the premises was more than 40 years old.
- Some of the damage is more than fair wear and tear, and the tenant has not disproved liability for that damage. In setting the compensation for the damage which is more than fair wear and tear, 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 have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Taking those factors into account, the tenant is ordered to pay $250.00 to the landlord in compensation.
- Three doors were damaged during the tenancy. The tenant accepts liability for the damage. Initially, the landlord had attempted to carry out repairs to the doors. The landlord was not satisfied with that outcome and now seeks compensation by way of replacement of the three doors at a total cost of $4,370.00. The landlord was unable to provide any information on the age of the three wooden doors. It is likely that they are more than 40 years old.
- As previously mentioned, in setting the compensation for the damage, 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 have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. The tenant is ordered to pay $100.00 for each of the three doors.
- As Jade Rental Properties Limited As Agent For Soon Chul (Richard) Kwon has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B, s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: cleaning
- Dispute theme: property damage
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5385487?
The tribunal order states: Samuel Thorpe to pay Jade Rental Properties Limited As Agent For Soon Chul
How much money was awarded in case 5385487?
Cleaning: $269.50 awarded to landlord; Cleaning: $316.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lightbulbs: $30.00 awarded to landlord; Panel Heater: $92.00 awarded to landlord; Curtain Rail: $24.00 awarded to landlord; Doors X 3: $300.00 awarded to landlord; Painting And Sanding: $250.00 awarded to landlord
What type of tenancy dispute was case 5385487?
The primary dispute was Property damage. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5385487?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13045898-Tenancy_Tribunal_Order.pdf.