What was Tenancy Tribunal case 5400268 about?

The tribunal order states: [The tenant/s] must pay The Rent Shop Hobsonville Limited, as Agent for

How much money was awarded in case 5400268?

Cleaning: $15.90 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Gardening: $115.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Property Damage: $44.99 awarded to landlord; Rent Arrears: $278.57 awarded to landlord; Rubbish Removal: $744.28 awarded to landlord; Water Rates: $25.41 awarded to landlord

What type of tenancy dispute was case 5400268?

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

Where can I read the official tribunal order for case 5400268?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13907967-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5400268 about?

The tribunal order states: [The tenant/s] must pay The Rent Shop Hobsonville Limited, as Agent for

How much money was awarded in case 5400268?

Cleaning: $15.90 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Gardening: $115.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Property Damage: $44.99 awarded to landlord; Rent Arrears: $278.57 awarded to landlord; Rubbish Removal: $744.28 awarded to landlord; Water Rates: $25.41 awarded to landlord

What type of tenancy dispute was case 5400268?

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

Where can I read the official tribunal order for case 5400268?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13907967-Tenancy_Tribunal_Order.pdf.

49 Gecko Road, Hobsonville, Auckland 0616 Tenancy Tribunal Case 5400268 — Property damage

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5400268 — net $3,252.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (3 days	$278.57	Rent arrears (3 days
Cleaning and rubbish removal	$744.28	Cleaning and rubbish removal
Gardening	$115.00	Gardening
Carpet replacement	$2,000.00	Carpet replacement
Heat pump remote replacement	$44.99	Heat pump remote replacement
Batteries / dishwasher cleaner	$15.90	Batteries / dishwasher cleaner
Water rates	$25.41	Water rates
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,252.15
Total payable by Tenant to Landlord	$3,252.15

[The tenant/s] must pay The Rent Shop Hobsonville Limited, as Agent for Yogesh & Smitha Shivabasappa & Siddappa $3,252.15 immediately, calculated as shown in table below: DescriptionLandlord Rent arrears (3 days)$278.57 Cleaning and rubbish removal$744.28 Gardening$115.00 Carpet replacement$2,000.00 Heat pump remote replacement$44.99 Batteries / dishwasher cleaner$15.90 Water rates$25.41 Filing fee reimbursement$28.00 Total payable by Tenant to Landlord$3,252.15

Reasons

The Tribunal must consider an application filed by the landlord against the tenant. The tenancy has ended, the landlord seeks various orders after possession was returned.

Only the landlord appeared at the hearing today. I am satisfied that the tenant has been properly notified of the hearing, and therefore I will proceed to consider the claim in her absence.

BACKGROUND

The tenancy commenced on 2 November 2024, and was a fixed term tenancy to 31 October 2025.

However, the tenancy was terminated by order of the Tribunal on 9 October 2025, because of rent arrears. The Tribunal ordered possession to return to the landlord on 12 October 2025. The tenant was ordered to pay rent arrears up to that date, as well as water rates. The bond was released to the landlord in full.

There was a delay in returning the premises to the landlord, the premises were ultimately returned on 15 October 2025.

Once the premises were returned, various costs have been incurred by the landlord, which is the subject of the application today.

ANALYSIS

I will now consider the claims in turn. Claim 1 – Rent arrears

The landlord has claimed an additional three days of rent payments, until the premises were returned. The tenant is liable for those additional days in which she had possession of the premises. This claim is established; the tenant must pay $278.57 of further rental. Claim 2 – Cleaning and rubbish removal

At the end of the tenancy, the tenant must return the premises to the landlord reasonably clean and tidy.

I have considered the photographs provided by the landlord when the premises were returned, and I am satisfied that the premises were not reasonably clean and tidy. Rubbish and assorted goods were left on the premises that needed to be removed.

The landlord has claimed $744.28 for cleaning and rubbish removal, supported by an invoice from the cleaning company. The amount of the claim would be commencement with the work required to return the premises to a reasonably clean and tidy level.

This claim is established and is ordered in full Claim 3 – Gardening work

The obligation noted above, to return the premises reasonably clean and tidy, also extends to the gardens that form part of the tenancy. Work was required to tidy up the garden area in order to have it at a reasonably clean and tidy level. Again this claim is supported by an invoice, and is ordered in full. Claim 4 – Carpet replacement

The evidence is that the carpet was in good condition at the start of the tenancy; the premises were reasonably new.

The tenant had a cat inside the property. When the premises were returned to the landlord, the evidence is that there was extensive urine contamination through the carpets.

The commercial cleaner assessed the carpet and determined that the level of urine contamination was beyond what could be reasonably addressed by carpet cleaning.

The landlord has claimed for the carpet damage from its insurer; the carpet replacement cost was $3,400. However, the claim was accepted, meaning the landlord needed to cover only the excess, and it is the excess that has been claimed. There were four areas where separate excesses were applied, at $500 per room, the landlord claims $2,000.

With any compensation claim, to receive an order the party must incur a loss. In short, the compensation is intended as best money can do, to compensate for the actual loss incurred.

Where a landlord claims compensation for damage caused by a tenant, the landlord must first prove the damage is more than fair wear and tear, and that it occurred during the tenancy. 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.

Where the damage is caused carelessly, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent.

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.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional when a person does something, or allows a situation to continue, knowing that damage is a certainty. See the High Court decision of Guo v Korck [2019] NZHC 1541.

The usual approach taken with urine damage to carpet, is that if there is one or two areas of urine contamination, that would be accepted as careless, but when there are multiple areas, the pet owner must know that the pet is urinating on the carpet, and that then becomes intentional damage. But in any event, the landlord has kept this claim at the level of the excess. I am satisfied that the damage occurred during the tenancy, and the tenant is liable for the excess. Claim 5 – Heat pump remote

The landlord claims compensation for a replacement heat pump remote at $44.99. At the end of the tenancy, the tenant must return all chattels provided, and if they fail to do so, they will be liable for the replacement cost. This claim is established and is ordered in full. Claim 6 – Batteries and dishwasher cleaner

Batteries were required for the heat pump replacement, and the tenant is liable for that cost for the reason set out above. Similarly, the Tribunal has determined that the property was not returned reasonably clean, and the tenant will be liable for the consumable costs to clean the premises, including the dishwasher. This claim is established and ordered in full. Claim 7 – Final water rates

Tenants are liable for outgoings such as water, the landlord claims the final water reading at $25.41. The tenant is liable for that cost. Claim 8 – Filing fee

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal.

Order

Claims and awards in Tenancy Tribunal application 5400268 — net $3,252.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (3 days	$278.57	Rent arrears (3 days
Cleaning and rubbish removal	$744.28	Cleaning and rubbish removal
Gardening	$115.00	Gardening
Carpet replacement	$2,000.00	Carpet replacement
Heat pump remote replacement	$44.99	Heat pump remote replacement
Batteries / dishwasher cleaner	$15.90	Batteries / dishwasher cleaner
Water rates	$25.41	Water rates
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,252.15
Total payable by Tenant to Landlord	$3,252.15