What was Tenancy Tribunal case 5394003 about?

The tribunal order states: [The landlord/s] and [The landlord/s] must pay [The tenant/s] and [The tenant/s] $422.00 immediately, as shown below.

How much money was awarded in case 5394003?

Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $750.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord

What type of tenancy dispute was case 5394003?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5394003?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12953757-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5394003 about?

The tribunal order states: [The landlord/s] and [The landlord/s] must pay [The tenant/s] and [The tenant/s] $422.00 immediately, as shown below.

How much money was awarded in case 5394003?

Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $750.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord

What type of tenancy dispute was case 5394003?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5394003?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12953757-Tenancy_Tribunal_Order.pdf.

9A Feltwell Place, Mangere Bridge, Auckland 2022 Tenancy Tribunal Case 5394003 — Property damage

Claims and awards in Tenancy Tribunal application 5394003. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$1,200.00	Repairs
Filing fee	$28.00	Filing fee
Cleaning, lawns and garden work	$750.00	Cleaning, lawns and garden work

Order

[The landlord/s] and [The landlord/s] must pay [The tenant/s] and [The tenant/s] $422.00 immediately, as shown below. DescriptionLandlordsTenants Cleaning, lawns and garden work$750.00 Repairs Filing fee $1,200.00 $28.00 Total award$1,978.00 Bond paid to landlord$2,400.00 Net award payable by landlords to tenants$422.00

Reasons

Both parties attended the hearing which was held by videoconference.
As noted in the Tribunal’s Order made on 10 November 2025, the purpose of this hearing was to consider the landlords’ entitlement to retain the tenants’ bond, which had been released to the landlords though an application under s22A RTA.
As directed, the landlords have filed an application setting out their compensation claims, with supporting evidence. What are the landlords’ claims?
The landlords claim compensation for: Lawns and Garden work$747.50 Cleaning$966.00 Repairs$2,139.00
The landlords have provided quotes for that work but did the work themselves before the property was sold.

What are the applicable principles?

At the end of the tenancy the tenants 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 1 .
If the tenants breached that obligation, the landlords are entitled to compensation for actual and reasonable loss caused by the breach.
In these circumstances there is no payment to a third party creating a loss for the landlords. However, if the tenants breached their obligations, the landlords are entitled to reasonable compensation for their time (as landlord’s - not in whatever other professional or trade roles they might otherwise spend their time), doing work the tenants ought to have done.
The compensation payable is for work required to being the premises to a reasonable state – not “market ready”.
To claim compensation for damage the landlords 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 tenants 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 .
The tenants claim that the landlords invested less of the rent paid by them, into repair and maintenance of the premises, than they should have. They also point out the total amount of rent paid over the course of what was a 6 1\2 year tenancy and say that should be taken into account.
The length of the tenancy is relevant in looking at what wear and tear should reasonably be expected and allowed for. Beyond that, the Tribunal can only assess whether the evidence proves a breach by either party of obligations owed. 1 S. 40(1)(e)(ii)-(v) RTA 2 S. 40(2)(a), 41 and 49B RTA. Are breaches of the tenants’ obligations proved
The landlords have provided statements from the listing agent and the person employed to stage the property for sale. They both describe the property as in an unclean condition with very many small and large holes throughout, some of which had been filled but leaving visible marks on the textured wallpaper.
The landlords have also provided an extensive list of the cleaning work they carried out.
Photo/ video evidence has also been provided of the house and lawns when the tenants vacated.
I find it proved on balance that the tenants breached their obligation to leave the premises in reasonable clean and tidy condition.
The evidence also proves that there was damage caused to the premises during the tenancy that was more than fair wear and tear.

What compensation should be awarded?

In the absence of evidence proving out of pocket loss, all I can do is make an assessment of what compensation it would be fair to award to the landlords for being required to do cleaning and repair work themselves as a result of the tenants’ breaches.
In considering compensation for the cleaning and grounds work, I take into account that after a 6 ½ year tenancy, with the property being sold, the landlords could have expected to have to do a significant deep clean and refresh of the premises in any event. Landlords cannot realistically expect tenants to make the investment required to maintain gardens as provided, over an extended period, though they are required to keep them in reasonable condition.
After considering the evidence available, my assessment is that it would be fair to compensate the landlords for 25 hours work at $30.00 per hour for the additional cleaning and grounds work required to have the premises brought to reasonable condition.
In terms of the compensation claimed for repair work. I take into account that significant wear and tear can be expected during the course of a 6 ½ year tenancy. With the property being sold a significant interior refresh could be expected.
The landlords should however be compensated for the time cost in having to repair actual damage, beyond normal wear and tear that needed to be repaired before any improvement work could be done.
That damage is shown to be mainly in the form of holes and damage to doors and walls which do not appear to be from any unforeseeable or accidental cause or normal use.
The quote provided is for $2,240.00.
Making allowance for: a. work not proved to be the tenants’ responsibility or more than fair wear and tear; and b. the landlords being entitled to compensation for their time as landlords, not at trade rates: and c. improvement value created by the work done: I assess 40 hours at $30.00 per hour as fair compensation for that work.
Because the landlords have had claims upheld I reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5394003. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs	$1,200.00	Repairs
Filing fee	$28.00	Filing fee
Cleaning, lawns and garden work	$750.00	Cleaning, lawns and garden work

Order

[The landlord/s] and [The landlord/s] must pay [The tenant/s] and [The tenant/s] $422.00 immediately, as shown below. DescriptionLandlordsTenants Cleaning, lawns and garden work$750.00 Repairs Filing fee $1,200.00 $28.00 Total award$1,978.00 Bond paid to landlord$2,400.00 Net award payable by landlords to tenants$422.00

Reasons

Both parties attended the hearing which was held by videoconference.
As noted in the Tribunal’s Order made on 10 November 2025, the purpose of this hearing was to consider the landlords’ entitlement to retain the tenants’ bond, which had been released to the landlords though an application under s22A RTA.
As directed, the landlords have filed an application setting out their compensation claims, with supporting evidence. What are the landlords’ claims?
The landlords claim compensation for: Lawns and Garden work$747.50 Cleaning$966.00 Repairs$2,139.00
The landlords have provided quotes for that work but did the work themselves before the property was sold.

What are the applicable principles?

At the end of the tenancy the tenants 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 1 .
If the tenants breached that obligation, the landlords are entitled to compensation for actual and reasonable loss caused by the breach.
In these circumstances there is no payment to a third party creating a loss for the landlords. However, if the tenants breached their obligations, the landlords are entitled to reasonable compensation for their time (as landlord’s - not in whatever other professional or trade roles they might otherwise spend their time), doing work the tenants ought to have done.
The compensation payable is for work required to being the premises to a reasonable state – not “market ready”.
To claim compensation for damage the landlords 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 tenants 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 .
The tenants claim that the landlords invested less of the rent paid by them, into repair and maintenance of the premises, than they should have. They also point out the total amount of rent paid over the course of what was a 6 1\2 year tenancy and say that should be taken into account.
The length of the tenancy is relevant in looking at what wear and tear should reasonably be expected and allowed for. Beyond that, the Tribunal can only assess whether the evidence proves a breach by either party of obligations owed. 1 S. 40(1)(e)(ii)-(v) RTA 2 S. 40(2)(a), 41 and 49B RTA. Are breaches of the tenants’ obligations proved
The landlords have provided statements from the listing agent and the person employed to stage the property for sale. They both describe the property as in an unclean condition with very many small and large holes throughout, some of which had been filled but leaving visible marks on the textured wallpaper.
The landlords have also provided an extensive list of the cleaning work they carried out.
Photo/ video evidence has also been provided of the house and lawns when the tenants vacated.
I find it proved on balance that the tenants breached their obligation to leave the premises in reasonable clean and tidy condition.
The evidence also proves that there was damage caused to the premises during the tenancy that was more than fair wear and tear.

What compensation should be awarded?

In the absence of evidence proving out of pocket loss, all I can do is make an assessment of what compensation it would be fair to award to the landlords for being required to do cleaning and repair work themselves as a result of the tenants’ breaches.
In considering compensation for the cleaning and grounds work, I take into account that after a 6 ½ year tenancy, with the property being sold, the landlords could have expected to have to do a significant deep clean and refresh of the premises in any event. Landlords cannot realistically expect tenants to make the investment required to maintain gardens as provided, over an extended period, though they are required to keep them in reasonable condition.
After considering the evidence available, my assessment is that it would be fair to compensate the landlords for 25 hours work at $30.00 per hour for the additional cleaning and grounds work required to have the premises brought to reasonable condition.
In terms of the compensation claimed for repair work. I take into account that significant wear and tear can be expected during the course of a 6 ½ year tenancy. With the property being sold a significant interior refresh could be expected.
The landlords should however be compensated for the time cost in having to repair actual damage, beyond normal wear and tear that needed to be repaired before any improvement work could be done.
That damage is shown to be mainly in the form of holes and damage to doors and walls which do not appear to be from any unforeseeable or accidental cause or normal use.
The quote provided is for $2,240.00.
Making allowance for: a. work not proved to be the tenants’ responsibility or more than fair wear and tear; and b. the landlords being entitled to compensation for their time as landlords, not at trade rates: and c. improvement value created by the work done: I assess 40 hours at $30.00 per hour as fair compensation for that work.
Because the landlords have had claims upheld I reimburse the filing fee.

Tenancy Tribunal case 5394003 — Property damage at 9A Feltwell Place, Mangere Bridge, Auckland 2022

At a glance

Tenancy Tribunal case 5394003 — Property damage at 9A Feltwell Place, Mangere Bridge, Auckland 2022

At a glance

Claims & awards

Order

Reasons

What are the applicable principles?

What compensation should be awarded?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

What are the applicable principles?

What compensation should be awarded?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions