What was Tenancy Tribunal case 5417449 about?

The tribunal order states: [The tenant/s] must pay Team Group Rentals Limited As Agent For Jeff & Ella

How much money was awarded in case 5417449?

Cleaning: $1,120.10 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $1,983.83 awarded to landlord; Lightbulbs: $35.00 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $138.00 awarded to landlord; Rent Arrears: $943.57 awarded to landlord; Property Damage: $575.00 awarded to landlord; Replace furnishings: curtain and tow…: $100.00 awarded to landlord; Replace Oven: $172.50 awarded to landlord

What type of tenancy dispute was case 5417449?

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

Where can I read the official tribunal order for case 5417449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13297342-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5417449 about?

The tribunal order states: [The tenant/s] must pay Team Group Rentals Limited As Agent For Jeff & Ella

How much money was awarded in case 5417449?

Cleaning: $1,120.10 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $1,983.83 awarded to landlord; Lightbulbs: $35.00 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $138.00 awarded to landlord; Rent Arrears: $943.57 awarded to landlord; Property Damage: $575.00 awarded to landlord; Replace furnishings: curtain and tow…: $100.00 awarded to landlord; Replace Oven: $172.50 awarded to landlord

What type of tenancy dispute was case 5417449?

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

Where can I read the official tribunal order for case 5417449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13297342-Tenancy_Tribunal_Order.pdf.

44 Mabel Street, Levin 5510 Tenancy Tribunal Case 5417449 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 5417449 — net $3,521.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work: rubbish removal and gate replacement	$1,983.83	Lawns and Garden work: rubbish removal and gate replacement
Rent arrears	$943.57	Rent arrears
Cleaning: and carpet removal	$1,120.10	Cleaning: and carpet removal
Window repairs	$345.00	Window repairs
Repairs: wall damage	$575.00	Repairs: wall damage
Replace oven	$172.50	Replace oven
Replace furnishings: curtain and towel rail	$100.00	Replace furnishings: curtain and towel rail
Lock/key replacement	$138.00	Lock/key replacement
Light bulbs/batteries	$35.00	Light bulbs/batteries
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,521.00
Total payable by Tenant to Landlord	$3,521.00

[The tenant/s] must pay Team Group Rentals Limited As Agent For Jeff & Ella Te Mo $3,521.00 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,920.00 (5656588-002) to Team Group Rentals Limited As Agent For Jeff & Ella Te Mo immediately. DescriptionLandlord Rent arrears$943.57 Lawns and Garden work: rubbish removal and gate replacement $1,983.83 Cleaning: and carpet removal$1,120.10 Window repairs$345.00 Repairs: wall damage$575.00 Replace oven$172.50 Replace furnishings: curtain and towel rail$100.00 Lock/key replacement$138.00 Light bulbs/batteries$35.00 Filing fee reimbursement$28.00 Total award$5,441.00 Bond$1,920.00 Total payable by Tenant to Landlord$3,521.00

Reasons

The landlord attended the hearing.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 10 November 2025. The landlord provided rent records 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 must also replace standard light bulbs.

The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The evidence showed that the tenant had taken what she wanted, left anything else and made no attempt to clean.

The tenant did not return the keys.

The following chattels were missing at the end of the tenancy: a curtain, a towel rail and a gate. The landlord had to replace light bulbs.

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 photographic evidence that the following damage was caused during the tenancy: a. A window was broken in bedroom 2. b. There were a number of holes in walls and holes in the doors to bedrooms 1 and 2. c. There were stickers left on walls and damage caused to the wallpaper on their removal. d. There were scribbles and writing on a number of walls. e. The oven door was damaged beyond repair and the cheapest option was to replace it with a second-hand oven of a similar value. f. The carpets throughout the property were badly stained during the tenancy. The landlord gave evidence that its contractor advised that the staining was so extensive and deep-seated that it could not be removed and the carpets replaced. The landlord has claimed the cost of removing and disposing of the carpet.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. While some of the damage was intentional and some careless, it is not necessary to distinguish between the causes as the landlord’s insurance excess was $2,500.00 and the amounts claimed are less than that.

The amounts ordered are proved.

I have considered 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. There is no element of betterment in the work undertaken. An amount has been deducted from the sum awarded for the replacement of the curtain to reflect its age. As noted, the oven was cheaply replaced with one of a similar age and condition.

It is reasonable to award the modest amount claimed for the removal and disposal of the carpets as this is a loss which the landlord has sustained and which was reasonably foreseeable.

Because Team Group Rentals Limited As Agent For Jeff & Ella Te Mo has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5417449 — net $3,521.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work: rubbish removal and gate replacement	$1,983.83	Lawns and Garden work: rubbish removal and gate replacement
Rent arrears	$943.57	Rent arrears
Cleaning: and carpet removal	$1,120.10	Cleaning: and carpet removal
Window repairs	$345.00	Window repairs
Repairs: wall damage	$575.00	Repairs: wall damage
Replace oven	$172.50	Replace oven
Replace furnishings: curtain and towel rail	$100.00	Replace furnishings: curtain and towel rail
Lock/key replacement	$138.00	Lock/key replacement
Light bulbs/batteries	$35.00	Light bulbs/batteries
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,521.00
Total payable by Tenant to Landlord	$3,521.00

Order

[The tenant/s] must pay Team Group Rentals Limited As Agent For Jeff & Ella Te Mo $3,521.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,920.00 (5656588-002) to Team Group Rentals Limited As Agent For Jeff & Ella Te Mo immediately. DescriptionLandlord Rent arrears$943.57 Lawns and Garden work: rubbish removal and gate replacement $1,983.83 Cleaning: and carpet removal$1,120.10 Window repairs$345.00 Repairs: wall damage$575.00 Replace oven$172.50 Replace furnishings: curtain and towel rail$100.00 Lock/key replacement$138.00 Light bulbs/batteries$35.00 Filing fee reimbursement$28.00 Total award$5,441.00 Bond$1,920.00 Total payable by Tenant to Landlord$3,521.00

Reasons

The landlord attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 10 November 2025. The landlord provided rent records 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 must also replace standard light bulbs.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The evidence showed that the tenant had taken what she wanted, left anything else and made no attempt to clean.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: a curtain, a towel rail and a gate. The landlord had to replace light bulbs.
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 photographic evidence that the following damage was caused during the tenancy: a. A window was broken in bedroom 2. b. There were a number of holes in walls and holes in the doors to bedrooms 1 and 2. c. There were stickers left on walls and damage caused to the wallpaper on their removal. d. There were scribbles and writing on a number of walls. e. The oven door was damaged beyond repair and the cheapest option was to replace it with a second-hand oven of a similar value. f. The carpets throughout the property were badly stained during the tenancy. The landlord gave evidence that its contractor advised that the staining was so extensive and deep-seated that it could not be removed and the carpets replaced. The landlord has claimed the cost of removing and disposing of the carpet.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. While some of the damage was intentional and some careless, it is not necessary to distinguish between the causes as the landlord’s insurance excess was $2,500.00 and the amounts claimed are less than that.
The amounts ordered are proved.
I have considered 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. There is no element of betterment in the work undertaken. An amount has been deducted from the sum awarded for the replacement of the curtain to reflect its age. As noted, the oven was cheaply replaced with one of a similar age and condition.
It is reasonable to award the modest amount claimed for the removal and disposal of the carpets as this is a loss which the landlord has sustained and which was reasonably foreseeable.
Because Team Group Rentals Limited As Agent For Jeff & Ella Te Mo has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5417449 — Cleanliness at 44 Mabel Street, Levin 5510

At a glance

Tenancy Tribunal case 5417449 — Cleanliness at 44 Mabel Street, Levin 5510

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Property management

Frequently asked questions