What was Tenancy Tribunal case 5401050 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5401050?

Cleaning: $805.00 awarded to landlord; Cleaning: $220.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5362663 D…: $1,712.29 awarded to landlord; Property Damage: $360.00 awarded to landlord; Rubbish Removal: $489.50 awarded to landlord

What type of tenancy dispute was case 5401050?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5401050?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13370058-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5401050 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5401050?

Cleaning: $805.00 awarded to landlord; Cleaning: $220.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5362663 D…: $1,712.29 awarded to landlord; Property Damage: $360.00 awarded to landlord; Rubbish Removal: $489.50 awarded to landlord

What type of tenancy dispute was case 5401050?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5401050?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13370058-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5401050 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5401050 — net $3,614.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5362663 dated 06/11/2025	$1,712.29	Previous order application 5362663 dated 06/11/2025
Carpet Cleaning: and repairs	$805.00	Carpet Cleaning: and repairs
Cleaning	$220.00	Cleaning
Rubbish removal	$489.50	Rubbish removal
Repairs	$360.00	Repairs
Filing fee	$28.00	Filing fee
Net award	$3,614.79
Total payable by Tenant to Landlord	$3,614.79

The landlord attended the hearing which was conducted by phone. The tenant could not be reached. I am satisfied that he had received notice of the hearing.

The landlord has applied for compensation, 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 and remove all rubbish, See section 40(1)(e) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all belongings. The property manager had liaised with the tenant’s sister who had retrieved some items on her brother’s behalf. The property manager produced a copy of a text sent on 15 November from the tenant’s sister, saying she had just spoken to the tenant, and it was ok for the remaining items to be dumped.

The landlord provided invoices for $220.00 for cleaning and $489.50 for rubbish removal as claimed.

The carpet required cleaning because of the smell of smoke and urine. There were stains in the bedroom and a black mark in the hallway. An invoice for $805.00 for cleaning, stain treatment and patching was provided.

The amounts ordered 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.

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 landlord provided entry inspection and exit inspection photographs showing holes in the bedroom door and wall that occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord provided an invoice for the repairs for $360 including GST.

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.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5401050 — net $3,614.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5362663 dated 06/11/2025	$1,712.29	Previous order application 5362663 dated 06/11/2025
Carpet Cleaning: and repairs	$805.00	Carpet Cleaning: and repairs
Cleaning	$220.00	Cleaning
Rubbish removal	$489.50	Rubbish removal
Repairs	$360.00	Repairs
Filing fee	$28.00	Filing fee
Net award	$3,614.79
Total payable by Tenant to Landlord	$3,614.79

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Jonathan Brown must pay [The landlord/s] $3,586.79 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing which was conducted by phone. The tenant could not be reached. I am satisfied that he had received notice of the hearing.
The landlord has applied for compensation, 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 and remove all rubbish, See section 40(1)(e) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all belongings. The property manager had liaised with the tenant’s sister who had retrieved some items on her brother’s behalf. The property manager produced a copy of a text sent on 15 November from the tenant’s sister, saying she had just spoken to the tenant, and it was ok for the remaining items to be dumped.
The landlord provided invoices for $220.00 for cleaning and $489.50 for rubbish removal as claimed.
The carpet required cleaning because of the smell of smoke and urine. There were stains in the bedroom and a black mark in the hallway. An invoice for $805.00 for cleaning, stain treatment and patching was provided.
The amounts ordered 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.
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 landlord provided entry inspection and exit inspection photographs showing holes in the bedroom door and wall that occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided an invoice for the repairs for $360 including GST.
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.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5401050 — Cleanliness

At a glance

Award balance

Tenancy Tribunal case 5401050 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions