Tenantcheck Insights · Case study
Tenancy Tribunal case 5409908 — Property damage at Unit/Flat Unit 7, 8 Short Street, Papakura, Papakura 2110
Published 13 March 2026 · Application 5409908
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Papakura
Tribunal region
Adjudicator
J Tam
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,603.78
- Total balance for Tenant to pay Landlord
- $1,603.78
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Water rates (agreed by tenant | $235.78 | Water rates (agreed by tenant | |
| Replace furnishings: curtains (agreed by tenant | $640.00 | Replace furnishings: curtains (agreed by tenant | |
| Cleaning (to a reasonably clean standard | $80.00 | Cleaning (to a reasonably clean standard | |
| Carpet Cleaning (having regard to the condition of carpet at start of tenancy | $120.00 | Carpet Cleaning (having regard to the condition of carpet at start of tenancy | |
| Repairs: painting, limited to insurance excess | $500.00 | Repairs: painting, limited to insurance excess | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,603.78 | ||
| Bond | $2,392.00 | ||
| Total payable by Tenant to Landlord | $1,603.78 |
Claims and awards for application 5409908 — net $1,603.78 NZD. Verify on MoJ.
Water rates (agreed by tenant
- Amount
- $235.78
- Awarded to
- Landlord
- Reason
- Water rates (agreed by tenant
Replace furnishings: curtains (agreed by tenant
- Amount
- $640.00
- Awarded to
- Landlord
- Reason
- Replace furnishings: curtains (agreed by tenant
Cleaning (to a reasonably clean standard
- Amount
- $80.00
- Awarded to
- Landlord
- Reason
- Cleaning (to a reasonably clean standard
Carpet Cleaning (having regard to the condition of carpet at start of tenancy
- Amount
- $120.00
- Awarded to
- Landlord
- Reason
- Carpet Cleaning (having regard to the condition of carpet at start of tenancy
Repairs: painting, limited to insurance excess
- Amount
- $500.00
- Awarded to
- Landlord
- Reason
- Repairs: painting, limited to insurance excess
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,603.78
Bond
Landlord $2,392.00
Total payable by Tenant to Landlord
Landlord $1,603.78
Claim types — money lines allowed on this order
Order
- Onyx Mcivor to pay Reforma P.M. Limited As Agent For Peace Investment Nz Ltd $1,603.78 from the bond, calculated as shown in table below.
- The Bond Centre is to pay the bond of $2,392.00 (6478189-004) immediately apportioned as follows: Reforma P.M. Limited As Agent For Peace Investment Nz Ltd: $1,603.78 Onyx Mcivor: $788.22
Reasons
- Both parties attended the hearing.
- The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for water rates?
- The tenancy ended on 15 November 2025.
- The landlord provided water rates invoices which prove the amount owing at 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, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The tenant did not leave the premises reasonably clean and tidy.
- I have moderated the landlord’s claims to take into account the state of the carpets at the start of the tenancy and the tenant’s responsibility to bring the property to a reasonable, as opposed to professional, standard of cleanliness at the end of the tenancy.
- Only 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.
- The walls were damaged during the tenancy.
- 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.
- Pursuant to section 49B(3)(a) RTA, I limit the tenant's liability on painting costs to the lesser of the insurance excess of $500.00.
- I disburse the bond in accordance with the above findings.
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(3)
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 5409908?
The tribunal order states: Onyx Mcivor to pay Reforma P.M. Limited As Agent For Peace Investment Nz
How much money was awarded in case 5409908?
Cleaning: $120.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Replace furnishings: curtains (agree…: $640.00 awarded to landlord; Water Rates: $235.78 awarded to landlord
What type of tenancy dispute was case 5409908?
The primary dispute was Property damage. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5409908?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13279997-Tenancy_Tribunal_Order.pdf.