What was Tenancy Tribunal case 5417730 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay

How much money was awarded in case 5417730?

Cleaning: $1,621.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $402.50 awarded to landlord; Property Damage: $1,233.95 awarded to landlord; Rent Arrears: $12,255.43 awarded to landlord; Rubbish Removal: $172.50 awarded to landlord; Rubbish Removal: $396.75 awarded to landlord; Rubbish Removal: $189.77 awarded to landlord; Rubbish Removal: $155.27 awarded to landlord; Water Rates: $261.60 awarded to landlord; Water Rates: $3.07 awarded to landlord

What type of tenancy dispute was case 5417730?

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

Where can I read the official tribunal order for case 5417730?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13636883-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5417730 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay

How much money was awarded in case 5417730?

Cleaning: $1,621.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $402.50 awarded to landlord; Property Damage: $1,233.95 awarded to landlord; Rent Arrears: $12,255.43 awarded to landlord; Rubbish Removal: $172.50 awarded to landlord; Rubbish Removal: $396.75 awarded to landlord; Rubbish Removal: $189.77 awarded to landlord; Rubbish Removal: $155.27 awarded to landlord; Water Rates: $261.60 awarded to landlord; Water Rates: $3.07 awarded to landlord

What type of tenancy dispute was case 5417730?

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

Where can I read the official tribunal order for case 5417730?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13636883-Tribunal_Order.pdf.

2 Ormond Road, Lincoln, Lincoln 7608 Tenancy Tribunal Case 5417730 — Rent arrears

Claims and awards in Tenancy Tribunal application 5417730 — net $12,520.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 February 2026	$12,255.43	Rent arrears to 23 February 2026
Water rates 11June 2025 to 12 December 2025	$261.60	Water rates 11June 2025 to 12 December 2025
Water rates 13 December 2025 to 23 February 2026	$3.07	Water rates 13 December 2025 to 23 February 2026
Rubbish removal: disposal cost green waste and exterior rubbish	$396.75	Rubbish removal: disposal cost green waste and exterior rubbish
Cleaning both general and carpet	$1,621.50	Cleaning both general and carpet
Lawns and Garden work	$402.50	Lawns and Garden work
Rubbish removal: disposal cost interior	$189.77	Rubbish removal: disposal cost interior
Rubbish removal: disposal cost two large fridges	$155.27	Rubbish removal: disposal cost two large fridges
Rubbish removal labour cost	$172.50	Rubbish removal labour cost
Repairs	$1,233.95	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$12,520.34
Total payable by Tenant to Landlord	$12,520.34

Order

[The tenant/s] and [The tenant/s] must pay Rempstone Property Management Limited $12,520.34 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $4,200.00 to Rempstone Property Management Limited immediately.

Reasons

Ms Sun appeared for the landlord by video. The tenant did not join the video link, and the matter proceeded in their absence. The first hearing of these claims took place on 23 February 2026. The tenant did not appear on that date either. Background
The tenancy commenced on 15 March 2024 and was for a fixed term ending 14 March 2025. The parties agreed to extend the tenancy for another fixed term ending 14 March 2026.
On 18 December 2025, the landlord filed an application to terminate the tenancy for rent arrears of more than 21 days at the date the application was filed. The matter was scheduled for hearing on 23 February 2026.
On that date, it was clear that, at the time the application was filed, the tenant was more than 21 days in arrears. As at the hearing date, the tenancy was 11 weeks in arrears. On that basis, the Tribunal terminated the tenancy and granted the landlord immediate possession.
However, the landlord’s rent summary appeared to include transactions not attributable to rent. Although it was clear that the tenant was in significant arrears, a proper determination as to the exact amount could not be made. I adjourned the matter and directed the landlord to file an updated rent summary for rent only. I also granted the landlord leave to amend the application. Adding additional claims.
The landlord has provided an up-to-date rent summary and details of the amendments which have been sent to the tenant. Rent arrears and water rates.
The landlord provided rent records which prove the amount owing at the end of the tenancy on 23 February 2026.
Under section 39 of the Residential Tenancies Act 1986 (Act), the tenant is responsible for outgoings that are exclusively attributable to their occupation of the premises, such as electricity, gas, telephone, and water and wastewater charges.
The landlord claims water and wastewater charges of $261.60 for the period 11 June 2025 to 12 December 2025, and $3.07 for the period 13 December 2025 to the end of the tenancy.
The landlord has provided a schedule of charges and the invoices. I am satisfied that the claim is for usage only. The amount claimed is awarded. Cleaning, carpet cleaning, lawn and garden maintenance, disposal of rubbish, light bulbs.
The landlord claims that the tenant failed to: i. Leave the property reasonably clean. ii. Remove all rubbish; and iii. Replace blown light bulbs (heat lamps and standard)
The property was built in 2018 and has five bedrooms, six bathrooms, kitchen, a butler’s kitchen, dining room, lounge, and internal double garage, which houses the laundry.
The landlord has provided a pre tenancy and end of tenancy inspection reports, both of which include photographs.
The landlord has provided invoices and receipts. Law
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) of the Act.
The provision does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and inspection reports and photographs.
The standard will vary according to the age and condition of the premises: the better the premises, the higher the standard. Surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly painted surfaces. Generally, tenants are not required to return premises any cleaner than they were at the start of the tenancy (Westwood v Western, DC Otahuhu, TT 2539/93 and 2540/93, 4 November 1994). Analysis and decision
Having considered the inspection reports, I am satisfied that the tenant did not leave the interior of the property in a reasonably clean condition, did not leave the lawns and gardens in at least the same reasonable condition they were at the commencement of the tenancy, and did not remove all of their belongings and rubbish.
The carpet was soiled. The lawns and gardens were overgrown. The photographs show furniture and other items belonging to the tenant left inside the property, as well as items left outside. The tenant also left two large fridges.
I am satisfied that the amounts claimed from cleaning, carpet cleaning, lawn and garden maintenance, and rubbish removal, including disposal costs are reasonable.
Concerning the claim for light bulbs, light bulbs are chattels. Tenants are responsible for accounting for chattels at the end of the tenancy, subject to fair wear and tear. In my view, tenants are not liable for light bulbs that have blown but are not missing. In this case, the bulbs are blown but not missing. Accordingly, I am not satisfied the tenant is liable for blown light bulbs, and I deduct that amount from the award. Damage
The landlord claims that the tenant is responsible for minor damage to walls throughout the property and missing door handles which is more than fair wear and tear. Law
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 of the Act.
Where the damage is careless, and occurs after 27 August 2019, section 49B of the Act applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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) of the Act.
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) of the Act. 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) of the Act.
The landlord has insurance for damage with an excess of $750.00 per claim.
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) of the Act.
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. Analysis and decision
The end of tenancy photographs shows minor scraps, nicks, dents, paint chips, and scuff marks to walls and doors throughout the property. There are also at least two missing door handles. The tenants attached hinges to a door frame which has caused damage.
I am satisfied that the damage occurred during the tenancy and is more than fair wear and tear. Although individually the damage can be described as minor it is widespread, and in my view exceeds fair wear and tear.
The amount claimed to repair all damage is $1,136.11. From this, I deduct the amount claimed for the light bulbs, which is included in the invoice, leaving $1,032.70. I am satisfied that this amount is reasonable. I make no deduction for betterment, as only the damaged areas were repaired and there has been no betterment.
The landlord states that, while checking the washing machine connections in the cabinet under the laundry tub they noted that a valve to the washing machine outlet was missing its handle. The handle could not be located. The incoming tenants would be unable to install a washing machine without the valve functioning.
The pre tenancy inspection report shows the valve undamaged. The landlord states that the damage has likely occurred when the tenant was moving out. The valve was replaced for $201.25.
I am satisfied that the damage occurred during the tenancy and is more than fair wear and tear. Costs
Because Rempstone Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression
Although the landlord has been substantially successful and is entitled to name suppression, they do not seek it, and no orders are made.

Claims and awards in Tenancy Tribunal application 5417730 — net $12,520.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 February 2026	$12,255.43	Rent arrears to 23 February 2026
Water rates 11June 2025 to 12 December 2025	$261.60	Water rates 11June 2025 to 12 December 2025
Water rates 13 December 2025 to 23 February 2026	$3.07	Water rates 13 December 2025 to 23 February 2026
Rubbish removal: disposal cost green waste and exterior rubbish	$396.75	Rubbish removal: disposal cost green waste and exterior rubbish
Cleaning both general and carpet	$1,621.50	Cleaning both general and carpet
Lawns and Garden work	$402.50	Lawns and Garden work
Rubbish removal: disposal cost interior	$189.77	Rubbish removal: disposal cost interior
Rubbish removal: disposal cost two large fridges	$155.27	Rubbish removal: disposal cost two large fridges
Rubbish removal labour cost	$172.50	Rubbish removal labour cost
Repairs	$1,233.95	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$12,520.34
Total payable by Tenant to Landlord	$12,520.34

Order

[The tenant/s] and [The tenant/s] must pay Rempstone Property Management Limited $12,520.34 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $4,200.00 to Rempstone Property Management Limited immediately.

Reasons

Ms Sun appeared for the landlord by video. The tenant did not join the video link, and the matter proceeded in their absence. The first hearing of these claims took place on 23 February 2026. The tenant did not appear on that date either. Background
The tenancy commenced on 15 March 2024 and was for a fixed term ending 14 March 2025. The parties agreed to extend the tenancy for another fixed term ending 14 March 2026.
On 18 December 2025, the landlord filed an application to terminate the tenancy for rent arrears of more than 21 days at the date the application was filed. The matter was scheduled for hearing on 23 February 2026.
On that date, it was clear that, at the time the application was filed, the tenant was more than 21 days in arrears. As at the hearing date, the tenancy was 11 weeks in arrears. On that basis, the Tribunal terminated the tenancy and granted the landlord immediate possession.
However, the landlord’s rent summary appeared to include transactions not attributable to rent. Although it was clear that the tenant was in significant arrears, a proper determination as to the exact amount could not be made. I adjourned the matter and directed the landlord to file an updated rent summary for rent only. I also granted the landlord leave to amend the application. Adding additional claims.
The landlord has provided an up-to-date rent summary and details of the amendments which have been sent to the tenant. Rent arrears and water rates.
The landlord provided rent records which prove the amount owing at the end of the tenancy on 23 February 2026.
Under section 39 of the Residential Tenancies Act 1986 (Act), the tenant is responsible for outgoings that are exclusively attributable to their occupation of the premises, such as electricity, gas, telephone, and water and wastewater charges.
The landlord claims water and wastewater charges of $261.60 for the period 11 June 2025 to 12 December 2025, and $3.07 for the period 13 December 2025 to the end of the tenancy.
The landlord has provided a schedule of charges and the invoices. I am satisfied that the claim is for usage only. The amount claimed is awarded. Cleaning, carpet cleaning, lawn and garden maintenance, disposal of rubbish, light bulbs.
The landlord claims that the tenant failed to: i. Leave the property reasonably clean. ii. Remove all rubbish; and iii. Replace blown light bulbs (heat lamps and standard)
The property was built in 2018 and has five bedrooms, six bathrooms, kitchen, a butler’s kitchen, dining room, lounge, and internal double garage, which houses the laundry.
The landlord has provided a pre tenancy and end of tenancy inspection reports, both of which include photographs.
The landlord has provided invoices and receipts. Law
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) of the Act.
The provision does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and inspection reports and photographs.
The standard will vary according to the age and condition of the premises: the better the premises, the higher the standard. Surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly painted surfaces. Generally, tenants are not required to return premises any cleaner than they were at the start of the tenancy (Westwood v Western, DC Otahuhu, TT 2539/93 and 2540/93, 4 November 1994). Analysis and decision
Having considered the inspection reports, I am satisfied that the tenant did not leave the interior of the property in a reasonably clean condition, did not leave the lawns and gardens in at least the same reasonable condition they were at the commencement of the tenancy, and did not remove all of their belongings and rubbish.
The carpet was soiled. The lawns and gardens were overgrown. The photographs show furniture and other items belonging to the tenant left inside the property, as well as items left outside. The tenant also left two large fridges.
I am satisfied that the amounts claimed from cleaning, carpet cleaning, lawn and garden maintenance, and rubbish removal, including disposal costs are reasonable.
Concerning the claim for light bulbs, light bulbs are chattels. Tenants are responsible for accounting for chattels at the end of the tenancy, subject to fair wear and tear. In my view, tenants are not liable for light bulbs that have blown but are not missing. In this case, the bulbs are blown but not missing. Accordingly, I am not satisfied the tenant is liable for blown light bulbs, and I deduct that amount from the award. Damage
The landlord claims that the tenant is responsible for minor damage to walls throughout the property and missing door handles which is more than fair wear and tear. Law
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 of the Act.
Where the damage is careless, and occurs after 27 August 2019, section 49B of the Act applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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) of the Act.
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) of the Act. 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) of the Act.
The landlord has insurance for damage with an excess of $750.00 per claim.
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) of the Act.
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. Analysis and decision
The end of tenancy photographs shows minor scraps, nicks, dents, paint chips, and scuff marks to walls and doors throughout the property. There are also at least two missing door handles. The tenants attached hinges to a door frame which has caused damage.
I am satisfied that the damage occurred during the tenancy and is more than fair wear and tear. Although individually the damage can be described as minor it is widespread, and in my view exceeds fair wear and tear.
The amount claimed to repair all damage is $1,136.11. From this, I deduct the amount claimed for the light bulbs, which is included in the invoice, leaving $1,032.70. I am satisfied that this amount is reasonable. I make no deduction for betterment, as only the damaged areas were repaired and there has been no betterment.
The landlord states that, while checking the washing machine connections in the cabinet under the laundry tub they noted that a valve to the washing machine outlet was missing its handle. The handle could not be located. The incoming tenants would be unable to install a washing machine without the valve functioning.
The pre tenancy inspection report shows the valve undamaged. The landlord states that the damage has likely occurred when the tenant was moving out. The valve was replaced for $201.25.
I am satisfied that the damage occurred during the tenancy and is more than fair wear and tear. Costs
Because Rempstone Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression
Although the landlord has been substantially successful and is entitled to name suppression, they do not seek it, and no orders are made.

Tenancy Tribunal case 5417730 — Rent arrears at 2 Ormond Road, Lincoln, Lincoln 7608

At a glance

Tenancy Tribunal case 5417730 — Rent arrears at 2 Ormond Road, Lincoln, Lincoln 7608

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions