What was Tenancy Tribunal case 5417028 about?

The tribunal order states: [The tenant/s] to pay Braziers Limited as agent for Martyn and [The landlord/s] $457.68 from the bond, calculated as shown in table below:

How much money was awarded in case 5417028?

Cleaning: $86.25 awarded to landlord; Property Damage: $105.00 awarded to landlord; Rent Credit: $308.57 awarded to tenant; Plaster And Paint (Depreciated: $575.00 awarded to landlord

What type of tenancy dispute was case 5417028?

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

Where can I read the official tribunal order for case 5417028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13227815-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5417028 about?

The tribunal order states: [The tenant/s] to pay Braziers Limited as agent for Martyn and [The landlord/s] $457.68 from the bond, calculated as shown in table below:

How much money was awarded in case 5417028?

Cleaning: $86.25 awarded to landlord; Property Damage: $105.00 awarded to landlord; Rent Credit: $308.57 awarded to tenant; Plaster And Paint (Depreciated: $575.00 awarded to landlord

What type of tenancy dispute was case 5417028?

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

Where can I read the official tribunal order for case 5417028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13227815-Tenancy_Tribunal_Order.pdf.

Room 4, Unit/Flat Flat 2, 31 Poulson Street, Addington, Tenancy Tribunal Case 5417028 — Property damage

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Room 4, Unit/Flat Flat 2, 31 Poulson Street, Addington, Tenancy Tribunal Case 5417028 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5417028 — net $457.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Mattress replacement (depreciated	$105.00		Mattress replacement (depreciated
Carpet cleaning	$86.25		Carpet cleaning
Repairs: plaster and paint (depreciated	$575.00		Repairs: plaster and paint (depreciated
Rent credit		$308.57	Rent credit
Total award	$766.25	$308.57
Net award	$457.68
Bond	$920.00
Total payable by Tenant to Landlord	$457.68

Claims and awards for application 5417028 — net $457.68 NZD. Verify on MoJ.

Mattress replacement (depreciated

Amount: $105.00
Awarded to: Landlord
Reason: Mattress replacement (depreciated

Carpet cleaning

Amount: $86.25
Awarded to: Landlord
Reason: Carpet cleaning

Repairs: plaster and paint (depreciated

Amount: $575.00
Awarded to: Landlord
Reason: Repairs: plaster and paint (depreciated

Rent credit

Amount: $308.57
Awarded to: Tenant
Reason: Rent credit

Total award

Landlord $766.25 · Tenant $308.57

Net award

Landlord $457.68

Bond

Claim types — money lines allowed on this order

Carpet Cleaning Property damage

Order

[The tenant/s] to pay Braziers Limited as agent for Martyn and [The landlord/s] $457.68 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $920.00 (5332348-015) immediately apportioned as follows: Braziers Limited as agent for Martyn and [The landlord/s]: $457.68 [The tenant/s]: $462.32
The landlord’s claim for the cost of replacing chattels is dismissed.

Reasons

Both parties attended the hearing. Ms Roundhill represented the landlord.
The landlord has applied for compensation and a refund of the bond following the end of the tenancy. Rent credit
The tenancy ended on 3 November 2025. The rent is in credit by $308.57. I have applied that as a tenant credit. Claims accepted by the tenant
The tenant accepted the landlord’s claims for carpet cleaning and for the cost of replacing a mattress which the parties agreed should be depreciated due to its age. I have allowed those claims, marked *, by consent.

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 1 .
The walls in the room the tenant rented were yellow and stained and there were some marks that required plastering. The tenant smoked in the room on occasion. The landlord issued 4 breach notices for that. So, the tenant caused some damage that was beyond fair wear and tear.
The premises were probably last redecorated 10 or so years ago so depreciation must be applied. I have depreciated the landlord’s claim for plastering and painting walls by 80% to allow for that.
The landlord has claimed the replacement cost of chattels, some of which were presumed missing, but which were left in a communal cupboard. Given the age of the chattels and the fact that the fridge required repairs but was not properly fixed, I have dismissed this claim. The landlord has not proved that the tenant carelessly damaged chattels or failed to return them.
As the application is only partly successful, I make no order reimbursing the filing fee. 1 See sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986 (RTA) Result
The landlord’s claims are allowed in the amount of $766.25. After the deduction of the rent credit of $308.75 which the landlord may now retain, the tenant will pay the landlord $457.68 from the bond. The balance of the bond of $462.32 will be paid to the tenant.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5417028 — net $457.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Mattress replacement (depreciated	$105.00		Mattress replacement (depreciated
Carpet cleaning	$86.25		Carpet cleaning
Repairs: plaster and paint (depreciated	$575.00		Repairs: plaster and paint (depreciated
Rent credit		$308.57	Rent credit
Total award	$766.25	$308.57
Net award	$457.68
Bond	$920.00
Total payable by Tenant to Landlord	$457.68

Claims and awards for application 5417028 — net $457.68 NZD. Verify on MoJ.

Mattress replacement (depreciated

Amount: $105.00
Awarded to: Landlord
Reason: Mattress replacement (depreciated

Carpet cleaning

Amount: $86.25
Awarded to: Landlord
Reason: Carpet cleaning

Repairs: plaster and paint (depreciated

Amount: $575.00
Awarded to: Landlord
Reason: Repairs: plaster and paint (depreciated

Rent credit

Amount: $308.57
Awarded to: Tenant
Reason: Rent credit

Total award

Landlord $766.25 · Tenant $308.57

Net award

Landlord $457.68

Bond

Claim types — money lines allowed on this order

Carpet Cleaning Property damage

Order

[The tenant/s] to pay Braziers Limited as agent for Martyn and [The landlord/s] $457.68 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $920.00 (5332348-015) immediately apportioned as follows: Braziers Limited as agent for Martyn and [The landlord/s]: $457.68 [The tenant/s]: $462.32
The landlord’s claim for the cost of replacing chattels is dismissed.

Reasons

Both parties attended the hearing. Ms Roundhill represented the landlord.
The landlord has applied for compensation and a refund of the bond following the end of the tenancy. Rent credit
The tenancy ended on 3 November 2025. The rent is in credit by $308.57. I have applied that as a tenant credit. Claims accepted by the tenant
The tenant accepted the landlord’s claims for carpet cleaning and for the cost of replacing a mattress which the parties agreed should be depreciated due to its age. I have allowed those claims, marked *, by consent.

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 1 .
The walls in the room the tenant rented were yellow and stained and there were some marks that required plastering. The tenant smoked in the room on occasion. The landlord issued 4 breach notices for that. So, the tenant caused some damage that was beyond fair wear and tear.
The premises were probably last redecorated 10 or so years ago so depreciation must be applied. I have depreciated the landlord’s claim for plastering and painting walls by 80% to allow for that.
The landlord has claimed the replacement cost of chattels, some of which were presumed missing, but which were left in a communal cupboard. Given the age of the chattels and the fact that the fridge required repairs but was not properly fixed, I have dismissed this claim. The landlord has not proved that the tenant carelessly damaged chattels or failed to return them.
As the application is only partly successful, I make no order reimbursing the filing fee. 1 See sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986 (RTA) Result
The landlord’s claims are allowed in the amount of $766.25. After the deduction of the rent credit of $308.75 which the landlord may now retain, the tenant will pay the landlord $457.68 from the bond. The balance of the bond of $462.32 will be paid to the tenant.

Tenancy Tribunal case 5417028 — Property damage at Room 4, Unit/Flat Flat 2, 31 Poulson Street, Addington,

At a glance

Tenancy Tribunal case 5417028 — Property damage at Room 4, Unit/Flat Flat 2, 31 Poulson Street, Addington,

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions