Published tribunal order
Tenancy Tribunal case 5385569 — Cleanliness
Decided 9 Feb 2026 · Published 9 Feb 2026 · Application 5385569
- Cleanliness
- Property damage
- Rent arrears
- State of repair
Party names are redacted in the official published order.
Order
- Quintal Diane Damaris Jetson must pay [The landlord/s] $4,834.65 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $2,120.00 ([Bond number suppressed]) to [The landlord/s] immediately.
- There is an order suppressing the name and identifying details of the landlord.
Reasons
- The landlord attended the hearing, represented by Ms L. Mr [N] also attended. There was no appearance for the tenant.
- The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 1 October 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $943.84.
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 and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
- The landlord provided photographs tenant did not leave the premises at all clean and tidy. The rubbish was extensive and it appeared that no cleaning had been done for some time.
- There were marks on the carpet and I am satisfied that it required cleaning.
- The landlord had to replace some light bulbs and shades.
- Invoices were provided for the amounts ordered and they are 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 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.
- The tenant provided photographs from the start of the tenancy and the end of the tenancy. Mr N was present and was able to explain the claim for light battens. Invoices for were also provided.
- The following damage was caused during the tenancy: a. The back door glass was broken. There was damage to the frame. The handle was missing. It clearly required replacement. b. Curtain rails and hooks were missing. c. The light fittings for the batten light bulbs were broken. d. The gate fence post was damaged. e. The tenant had water-blasted oil into the sump. The landlord sought holy half the repair costs.
- The damage is more than fair wear and tear, and the tenant has not disproved liability 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 property is an older one and the original back door looks quite old. Therefore I have reduced the compensation for the back door from $765.14 including GST to $500.
- The tenant had paid $30 of her share of the water pump repair and so that amount is reduced to $127.44.
- The amounts ordered are proved.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and their name is suppressed.
- The landlord is asked to provide a clearer breakdown of labour in future. Any tip fees should be proved with invoices and/or receipts. It should be clear where GST has been included as it should be charged only once. T Baker, 05 February 2026