Tenantcheck Insights · Case study
Tenancy Tribunal case 5438338 — Property damage at 18 Willowstream Grove, Cloverlea, Palmerston North 4412
Decided 17 Jun 2026 · Published 17 Jun 2026 · Application 5438338
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Location
Palmerston North
Tribunal region
Adjudicator
J Maher
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,170.25
- Total balance for Tenant to pay Landlord
- $1,170.25
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Cleaning | $550.00 | Cleaning | |
| Repairs: to walls and doors | $592.25 | Repairs: to walls and doors | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,170.25 | ||
| Total payable by Tenant to Landlord | $1,170.25 |
Claims and awards for application 5438338 — net $1,170.25 NZD. Verify on MoJ.
Cleaning
- Amount
- $550.00
- Awarded to
- Landlord
- Reason
- Cleaning
Repairs: to walls and doors
- Amount
- $592.25
- Awarded to
- Landlord
- Reason
- Repairs: to walls and doors
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,170.25
Total payable by Tenant to Landlord
Landlord $1,170.25
Claim types — money lines allowed on this order
Order
- Zara McQueen must pay Watson Real Estate Limited As Agent For C & M 2005 Ltd $1,170.25 immediately, calculated as shown in table below.
Reasons
- Only the applicant landlord attended the hearing.
- The landlord has applied for compensation and reimbursement of the filing fee following 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 did not leave the premises reasonably clean and tidy.
- The amount ordered is proved by the photographs and invoice provided. It is reduced by a small amount from the amount claimed to reflect that a tenant is required to leave a property reasonably clean and tidy and not so that it can be immediately relet.
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 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 following damage was caused during the tenancy: several walls and doors were damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- I have not taken into account betterment and depreciation. The landlord has claimed only for actual repair costs.
- Because Watson Real Estate Limited As Agent For C & M 2005 Ltd has substantially succeeded with the claim I have reimbursed the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: cleaning
- Dispute theme: property damage
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5438338 about?
The tribunal order states: Zara McQueen must pay Watson Real Estate Limited As Agent For C & M 2005
How much money was awarded in case 5438338?
Cleaning: $550.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Walls and Doors: $592.25 awarded to landlord
What type of tenancy dispute was case 5438338?
The primary dispute was Property damage. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5438338?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13762915-Tenancy_Tribunal_Order.pdf.