Published tribunal order
Tenancy Tribunal case 5411493 — Cleanliness at 70 Walters Road, Takanini, Takanini 2112
Decided 18 Mar 2026 · Published 18 Mar 2026 · Application 5411493
- Cleanliness
- Property damage
Order
- [The party] and [The party] must pay 360 Property Management Limited as agent for Jessica Wong $443.40 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,416.46 (BN-17512011) to 360 Property Management Limited as agent for Jessica Wong immediately. 3.
Reasons
- The hearing was conducted on Microsoft Teams by video.
- Lisa Curries attended for the landlord.
- Both tenants attended for themselves. Background
- The Tribunal previously terminated the tenancy and granted the landlord possession of the premises. 1 At that time, the tenants had got slightly behind on rent and unfortunately did not attend the hearing to explain that getting into arrears was a temporary glitch. The tenants caught up on rent and wished to continue the tenancy. The landlord was not agreeable to that and had the bailiffs evict the tenants.
- Because the eviction was sudden, the tenants did not have the time to fully clean and remove all their belongings. Therefore, the property was left in an “as lived in” condition. Fortunately, the tenants looked after the property well and kept it in good condition. Nonetheless, as can be expected, the landlord had to carry out some end of tenancy cleaning, removed some larger items such as the deck area the tenants had built for their dogs, and fix some holes in the wall where the tenants had carefully installed some additional kitchen shelves which they took with them on moving out. Rent
- The tenants were ahead on rent when they were evicted. There is a credit of $745.08.
What costs are the tenants liable for?
- The landlord employed the bailiffs to remove the tenants. The landlord was entitled to do so because of the Tribunal order. The tenants were required to move out under their own power but did not do so. The tenants must therefore reimburse the landlord for the cost of the bailiffs’ fees which were $267.00.
- The landlord replaced the locks and keys which is the usual practice for an eviction. Mr Tafea says he discussed leaving the keys with the property manager and did so. Given the unusual circumstances, I order only 50 per cent of the cost. 1 360 Property Management v Tafea & Lole [2025] NZTT 5286359.
- At the end of the tenancy, tenants must vacate the premises, remove their belongings, and 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. 2
- Because of the circumstances, the tenants did not leave the premises reasonably clean and tidy and did not remove all their belongings and rubbish. In the rush, they overlooked returning the garage remotes.
- The amounts ordered for cleaning, rubbish removal, and replacing the garage remotes are proved. Shelving screw holes
- The tenants nicely installed some petite shelves in the kitchen during the tenancy. They took the shelves with them at the end of the tenancy, which left some holes in the walls where screws had been used to secure the shelves.
- The damage to the premises occurred during the tenancy and is more than fair wear and tear.
- I order 50 per cent of the cost of repair to account for betterment and depreciation. The wall paint in that area was due for repainting so the tenants should not have to fund the improvement benefit to the landlord of the repair. Filing fee
- The tenants must reimburse the landlord for the filing fee. Bond
- The Bond Centre is to release the remainder of the bond to the landlord in part payment of the tenants’ debt from this order. 2 Residential Tenancies Act 1986 (RTA) s 40(1)(e).