What was Tenancy Tribunal case 5428568 about?

The tribunal order states: [The tenant/s] must pay Riverlands Real Estate Limited As Agent For

How much money was awarded in case 5428568?

Cleaning: $600.00 awarded to landlord; Cleaning: $741.75 awarded to landlord; Cleaning: $444.65 awarded to landlord; Cleaning: $445.05 awarded to landlord; Cleaning: $111.55 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $345.00 awarded to landlord; Pest Control: $256.00 awarded to landlord; Replace furnishings: carpet 5 rooms…: $2,500.00 awarded to landlord; Rubbish Removal: $1,955.00 awarded to landlord

What type of tenancy dispute was case 5428568?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5428568?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13631256-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5428568 about?

The tribunal order states: [The tenant/s] must pay Riverlands Real Estate Limited As Agent For

How much money was awarded in case 5428568?

Cleaning: $600.00 awarded to landlord; Cleaning: $741.75 awarded to landlord; Cleaning: $444.65 awarded to landlord; Cleaning: $445.05 awarded to landlord; Cleaning: $111.55 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $345.00 awarded to landlord; Pest Control: $256.00 awarded to landlord; Replace furnishings: carpet 5 rooms…: $2,500.00 awarded to landlord; Rubbish Removal: $1,955.00 awarded to landlord

What type of tenancy dispute was case 5428568?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5428568?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13631256-Tenancy_Tribunal_Order.pdf.

535 Matahuru Road, Waiterimu 3784 Tenancy Tribunal Case 5428568 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5428568 — net $7,427.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$1,955.00	Rubbish removal
Pest control: and interior rubbish	$256.00	Pest control: and interior rubbish
Lawns and Garden work	$345.00	Lawns and Garden work
Cleaning: house and oven	$741.75	Cleaning: house and oven
Cleaning: carpet	$600.00	Cleaning: carpet
Cleaning: outside areas 33	$444.65	Cleaning: outside areas 33
Cleaning: sleepout floor	$445.05	Cleaning: sleepout floor
Cleaning: travel 50	$111.55	Cleaning: travel 50
Replace furnishings: carpet 5 rooms x	$2,500.00	Replace furnishings: carpet 5 rooms x
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$7,427.00
Total payable by Tenant to Landlord	$7,427.00

The landlord’s representative attended the hearing. The tenant did not attend. I continued in her absence as she has been emailed notice of the hearing date and time to her address for service.

The landlord has applied for compensation for costs and damage.

The tenancy ended on 24 November 2025. The bond has been refunded to the landlord and used to cover rent arrears. Cleaning and rubbish removal

At the end of a 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 did not leave the premises reasonably clean and tidy and did not remove all rubbish.

There was a large volume of rubbish and belongings left behind at the premises. Photos prove more than five large trailer loads were removed by the landlord. The items had to be collected and loaded first which took time and effort as they were spread throughout the large property, sleepout and sheds. I award the invoiced claim for disposal. It is reasonable.

The property manager reports a flea infestation in the house. I award the claim to recover the cost to treat these which includes removal of assorted items left in the house (ready for cleaners).

The inside of the house was not left reasonably clean, but the photos do not support the claim for deep cleaning of all surfaces at very high cost. I award a reduced amount for 10 hours of cleaning plus the oven which is $741.75.

The sleepout concrete flooring and carpet in all rooms in the house were left very dirty, stained and with a strong odour of pet urine. Written evidence from the carpet cleaning company and oral evidence from the property manager proves this.

The outside of the house and concrete areas including the carport were left dirty. I award a contribution towards outdoor cleaning. A full house wash is at the landlord’s expense which is why I don’t order the full cost.

I award a contribution towards carpet cleaning as the full cost is over $1,000.00 which is not reasonable given that the carpet was then replaced. I award the cost of machine-cleaning the sleepout floor. I award half the travel cost as the work took two days but some of the work done is the landlord’s responsibility and choice.

This is a large property. The tenant was responsible for maintaining lawns and gardens and these were overgrown at the end. I award the claim for garden work.

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 for each item of damage 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.

The evidence satisfies me the carpet in at least five rooms in the house was damaged by stains and pet urine. The landlord’s insurance company accepted a claim to replace the carpet but applied an excess of $1,150.00 per room. The total cost to the landlord was $5,750.00.

The Tribunal considers the age and condition of the carpet at the beginning of the tenancy to help work out what the real loss to the landlord is. The reason for this is that everything will show signs of wear and must be replaced at some point.

In this case, the ingoing photos show the carpet in the house did not match and was old but in good to fair condition. There was still useful life in it, but it is fair to say it was probably within 3 or 4 years of the end of its life.

I consider a fair assessment of the loss to the landlord is $500.00 per room and award $2,500.00.

The landlord’s claim is substantially successful, so I award the filing fee.

No suppression orders were sought or apply.

Claims and awards in Tenancy Tribunal application 5428568 — net $7,427.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$1,955.00	Rubbish removal
Pest control: and interior rubbish	$256.00	Pest control: and interior rubbish
Lawns and Garden work	$345.00	Lawns and Garden work
Cleaning: house and oven	$741.75	Cleaning: house and oven
Cleaning: carpet	$600.00	Cleaning: carpet
Cleaning: outside areas 33	$444.65	Cleaning: outside areas 33
Cleaning: sleepout floor	$445.05	Cleaning: sleepout floor
Cleaning: travel 50	$111.55	Cleaning: travel 50
Replace furnishings: carpet 5 rooms x	$2,500.00	Replace furnishings: carpet 5 rooms x
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$7,427.00
Total payable by Tenant to Landlord	$7,427.00

Order

[The tenant/s] must pay Riverlands Real Estate Limited As Agent For Hapuakohe Holdings Ltd $7,427.00 immediately, calculated as shown in the table below.

Reasons

The landlord’s representative attended the hearing. The tenant did not attend. I continued in her absence as she has been emailed notice of the hearing date and time to her address for service.
The landlord has applied for compensation for costs and damage.
The tenancy ended on 24 November 2025. The bond has been refunded to the landlord and used to cover rent arrears. Cleaning and rubbish removal
At the end of a 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 did not leave the premises reasonably clean and tidy and did not remove all rubbish.
There was a large volume of rubbish and belongings left behind at the premises. Photos prove more than five large trailer loads were removed by the landlord. The items had to be collected and loaded first which took time and effort as they were spread throughout the large property, sleepout and sheds. I award the invoiced claim for disposal. It is reasonable.
The property manager reports a flea infestation in the house. I award the claim to recover the cost to treat these which includes removal of assorted items left in the house (ready for cleaners).
The inside of the house was not left reasonably clean, but the photos do not support the claim for deep cleaning of all surfaces at very high cost. I award a reduced amount for 10 hours of cleaning plus the oven which is $741.75.
The sleepout concrete flooring and carpet in all rooms in the house were left very dirty, stained and with a strong odour of pet urine. Written evidence from the carpet cleaning company and oral evidence from the property manager proves this.
The outside of the house and concrete areas including the carport were left dirty. I award a contribution towards outdoor cleaning. A full house wash is at the landlord’s expense which is why I don’t order the full cost.
I award a contribution towards carpet cleaning as the full cost is over $1,000.00 which is not reasonable given that the carpet was then replaced. I award the cost of machine-cleaning the sleepout floor. I award half the travel cost as the work took two days but some of the work done is the landlord’s responsibility and choice.
This is a large property. The tenant was responsible for maintaining lawns and gardens and these were overgrown at the end. I award the claim for garden work.

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 for each item of damage 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.
The evidence satisfies me the carpet in at least five rooms in the house was damaged by stains and pet urine. The landlord’s insurance company accepted a claim to replace the carpet but applied an excess of $1,150.00 per room. The total cost to the landlord was $5,750.00.
The Tribunal considers the age and condition of the carpet at the beginning of the tenancy to help work out what the real loss to the landlord is. The reason for this is that everything will show signs of wear and must be replaced at some point.
In this case, the ingoing photos show the carpet in the house did not match and was old but in good to fair condition. There was still useful life in it, but it is fair to say it was probably within 3 or 4 years of the end of its life.
I consider a fair assessment of the loss to the landlord is $500.00 per room and award $2,500.00.
The landlord’s claim is substantially successful, so I award the filing fee.
No suppression orders were sought or apply.

Tenancy Tribunal case 5428568 — Cleanliness at 535 Matahuru Road, Waiterimu 3784

At a glance

Tenancy Tribunal case 5428568 — Cleanliness at 535 Matahuru Road, Waiterimu 3784

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