What was Tenancy Tribunal case 5424508 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And

How much money was awarded in case 5424508?

Cleaning: $140.78 awarded to landlord; Rent Arrears: $419.42 awarded to landlord; Replace Carpets In Living Room And B…: $1,312.00 awarded to landlord; Rubbish Removal: $173.05 awarded to landlord

What type of tenancy dispute was case 5424508?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5424508?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13440718-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5424508 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And

How much money was awarded in case 5424508?

Cleaning: $140.78 awarded to landlord; Rent Arrears: $419.42 awarded to landlord; Replace Carpets In Living Room And B…: $1,312.00 awarded to landlord; Rubbish Removal: $173.05 awarded to landlord

What type of tenancy dispute was case 5424508?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5424508?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13440718-Tenancy_Tribunal_Order.pdf.

Unit/Flat 8, 101 North Street, Palmerston North 4410 Tenancy Tribunal Case 5424508 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5424508 — net $2,045.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16.11.2025	$419.42	Rent arrears to 16.11.2025
Cleaning: kitchen cupboards, stove top	$140.78	Cleaning: kitchen cupboards, stove top
Rubbish removal	$173.05	Rubbish removal
Replace carpets in living room and bedroom 2	$1,312.00	Replace carpets in living room and bedroom 2
Net award	$2,045.25
Total payable by Tenant to Landlord	$2,045.25

Ms Eder, representing the landlord, attended the video conference hearing. The tenant did not join the hearing as per the instructions in the Notice of Hearing and so did not attend the hearing. As the tenant was served, the hearing proceeded in her absence.

The landlord has applied for compensation and rent arrears following the end of the tenancy.

The landlord said the tenancy ended on 16 November 2025.

At the start of the hearing, the landlord withdrew their compensation claims for replacing a missing toilet roll holder and for painting walls at the end of the tenancy.

How much is owed for rent?

The landlord provided rent records which prove the amount owing at the end of the tenancy, 16 November 2025, which is $419.42.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The landlord said the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord provided an Entry Inspection Report dated 18 June 2024, an Exit Inspection Report dated 19 November 2025, both with photographs showing the condition of the property, copies of work orders, correspondence with the tenant and other evidence. Cleaning and rubbish removal

The landlord reduced their original costs claimed for cleaning the kitchen cupboards and stove based on the evidence provided. The landlord then claimed $54.34 for cleaning 2 large kitchen cupboards and $86.44 for cleaning the stovetop rather than both the stovetop and oven, for a total claim of $140.78 for cleaning. The landlord pointed to photographs in the Exit Inspection Report showing a dirty stovetop and dirty kitchen cupboards which needed cleaning at the end of the tenancy. I find the amounts claimed by the landlord to be reasonable, given the evidence, and so award the landlord $140.78 in total for cleaning the kitchen cupboards and stovetop at the end of the tenancy.

The landlord claimed $173.05 for rubbish removal and highlighted photographs in the Exit Inspection Report, which showed tall rubbish bins filled with rubbish, two large blue recycling bins full of bottles and some cardboard left outside the property at the end of the tenancy. Based on the evidence provided, I find the cost claimed by the landlord to be reasonable and so award the landlord $173.05 for rubbish removal at the end of the tenancy.

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 careless, and occurs after 27 August 2019, section 49B RTA 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) 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 said the tenant damaged two carpets badly during the tenancy and so both carpets had to be replaced.

The landlord showed photographs in the Exit Inspection Report showing the living room carpet, which had a number of stains at the end of the tenancy, and showed photographs of the carpet in bedroom 2, which also had a number of stains in it at the end of the tenancy. The landlord said they had tried cleaning these carpets to remove the staining, without success, so the carpets had to be replaced. I accept, from the evidence, that both these carpets had to be replaced at the end of the tenancy.

Given the photographs provided, I find the damage was likely caused during the tenancy and that this is likely careless damage on the tenant’s part. As such, the tenant is liable for the replacement cost less any depreciation and considering the cap in section 49B RTA.

The landlord said the full replacement cost for the living room carpet was $861.96 and for the bedroom 2 carpet was $681.22, coming to a total full replacement cost for both carpets of $1,543.18.

I have taken into account 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

The landlord indicated both carpets were around 1.5 years old. Current depreciation guidelines estimate the lifespan of a carpet in a rental property is around 10 years. Thus, I deduct the total full replacement cost of $1,543.18 by 15% for depreciation to an award of $1,312.00.

Market rent was $510.00 per week. The equivalent of four weeks’ market rent @ $510.00/week is $2,040.00. There is no insurance excess that applies here. Pursuant to section 49B(3) RTA, the tenant’s liability in relation to careless damage is limited to the lesser of the insurance excess or four weeks’ rent. As the depreciated cost I find of $1,312.00 is less than the equivalent of four weeks’ market rent of $2,040.00, I award the landlord $1,312.00 to replace the carpets at the end of the tenancy.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Reasons

Claims and awards in Tenancy Tribunal application 5424508 — net $2,045.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16.11.2025	$419.42	Rent arrears to 16.11.2025
Cleaning: kitchen cupboards, stove top	$140.78	Cleaning: kitchen cupboards, stove top
Rubbish removal	$173.05	Rubbish removal
Replace carpets in living room and bedroom 2	$1,312.00	Replace carpets in living room and bedroom 2
Net award	$2,045.25
Total payable by Tenant to Landlord	$2,045.25

The landlord has applied for compensation and rent arrears following the end of the tenancy.

The landlord said the tenancy ended on 16 November 2025.

At the start of the hearing, the landlord withdrew their compensation claims for replacing a missing toilet roll holder and for painting walls at the end of the tenancy.

How much is owed for rent?

The landlord provided rent records which prove the amount owing at the end of the tenancy, 16 November 2025, which is $419.42.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord said the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord said the tenant damaged two carpets badly during the tenancy and so both carpets had to be replaced.

The landlord said the full replacement cost for the living room carpet was $861.96 and for the bedroom 2 carpet was $681.22, coming to a total full replacement cost for both carpets of $1,543.18.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Tenancy Tribunal case 5424508 — Rent arrears at Unit/Flat 8, 101 North Street, Palmerston North 4410

At a glance

Tenancy Tribunal case 5424508 — Rent arrears at Unit/Flat 8, 101 North Street, Palmerston North 4410

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