Published tribunal order
Tenancy Tribunal case 5421552 — Property damage at 27 Charles Street, Te Kamo, Whangarei 0112
Decided 23 Jun 2026 · Published 23 Jun 2026 · Application 5421552
- Property damage
- Cleanliness
- Rent arrears
- Smoke alarms
Order
- [The tenant/s] must pay Ngati Hine Health Trust $4,884.26 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $516.00 to Ngati Hine Health Trust immediately.
Reasons
Background
- The tenancy began on 9 September 2022 and ended on 4 March 2025.
- The landlord’s application seeks rent arrears, end of tenancy costs (repairs, cleaning, rubbish removal), repairs during the tenancy, and water rates.
- The hearing took place in Whangarei on 12 June 2026. Both parties attended the hearing. Mr Whaley represented the landlord. Rent arrears
- There is a small amount of rent arrears to the end of the tenancy. Ms Rudolph accepted this part of the claim. End of tenancy repairs & cleaning – DNS Maintenance Ltd
- DNS Maintenance carried out work on the property after the tenant vacated. Their invoice dated 19 May 2025 represents the large portion of the landlord’s claim for end of tenancy costs.
- Mr Whaley withdrew the claim for “paint wall where heat pump is”.
- The following costs are proven on the evidence provided to me: a. Replace kitchen blinds and curtain rail. These were noted on the entry inspection report and were missing at the end of the tenancy. b. Bedroom 3 – reglaze broken window. c. Bedroom 4 – replace curtains. The end of tenancy photographs show damage to the curtains that is beyond fair wear and tear. I have applied depreciation of 50% to the new replacement cost claimed. d. Garage walls – repair and paint. e. Cleaning: Tenants must leave the premises “reasonably clean and tidy” at the end of the tenancy.1 The exit inspection report shows that the premises did not meet that standard in some respects. In particular, the oven was not clean, some drawers and cupboards were overlooked, and some walls required further cleaning. The photographs do not support a claim for $700 of cleaning. I will award $400. f. Replace smoke alarm. g. Bedroom 4 – repair drawers in wardrobe / shelving unit. 1 Section 40(1)(e)(iii) Residential Tenancies Act 1986 (“RTA”) 5421552 3
- The following costs are not proven to the standard of “more likely than not”: a. Pest control for rats and fleas: There is no evidence that Ms Rudolph kept a dog at the property during the tenancy. Ms Rudolph had problems with wandering dogs from the neighbourhood. Ms Rudloph said that there were rats in the area. This is an environmental issue, not related to any breach by the tenant. b. Kitchen – repair drawers: There is no photograph of damaged drawers in the kitchen at the end of the tenancy. c. Kitchen – repair rat holes: This is not careless or intentional damage by the tenant. d. Bedroom1 – paint all walls: The end of tenancy photographs do not show damage beyond fair wear and tear. e. Bedroom 1 – replace curtains: There is no photograph of the windows in this room showing the missing curtains. f. Bedroom 2 – paint walls: The end of tenancy photographs do not show damage beyond fair wear and tear. g. Bedroom 3 – patch hole and paint one wall: There is no photograph of this damage. h. Bedroom 4 – repair and paint door: There is no photograph of this damage. i. Bedroom 4 – replace blind: There is no photograph of this part of bedroom 4. End of tenancy – other costs
- Apart from the DNS Maintenance invoice the landlord is also claiming for replacement of the cooktop and rubbish removal.
- Mr Whaley provided a photograph showing a large crack in the cooktop. Ms Rudolph acknowledged that the damage was caused accidentally by her daughter.
- The cost of replacing the cooktop was $830.35. The tenancy agreement shows that the landlord has insurance cover for accidental damage with an excess of $650.
- The tenant’s liability for accidental damage is limited to the amount of the landlord’s insurance excess.2 2 Section 49B(3) RTA 5421552 4
- Mr Whaley’s photographs show the rubbish left behind at the end of the tenancy. The cost claimed for rubbish removal is proven, and was not disputed by Ms Rudolph. Repairs during tenancy
- The claim seeks the cost of repairs carried out during the tenancy: a. Replacement of the roller garage door September 2024 $2,472.58. b. Various repairs per DNS quote 19 June 2024. c. Various repairs per DNS quote 29 May 2024.
- Ms Rudolph disputed the claim for replacement of the roller door. Ms Rudolph said that the roller door was in a deteriorated state and it came off the rails one day when her son opened it.
- The only photographs provided of the garage door are of the outside.
- At the hearing, Mr Whaley withdrew this part of the landlord’s claim.
- Ms Rudolph accepted the following repairs set out in the DNS quotes: a. Repair wall in bedroom; b. Repair wall in living room; c. Repair ground moisture barrier; d. Repair underfloor insulation; e. Replace boards in garage.
- Ms Rudolph disputed the claim for replacement of the front door lock, and there is no evidence that the tenant carelessly or intentionally damage the front door lock. Water rates
- There is a proven balance of $565.53 owed for water rates calculated as follows: Water rates period Amount 5/9/22 – 15/12/22 $212.10 15/12/22 – 7/6/23 $357.54 7/6/23 – 12/12/23 $541.92 12/12/23 – 29/5/24 $503.97 Less payments made by tenant during tenancy ($1,050.00) 5421552 5 Total: $565.53 Filing fee, bond
- The landlord was substantially successful in this application and I will also award the landlord the filing fee of $28.00.
- The bond will be released to the landlord.