What was Tenancy Tribunal case 5438870 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5438870?

Cleaning: $977.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Pest Control: $320.00 awarded to landlord; Property Damage: $1,270.00 awarded to landlord; Property Damage: $260.00 awarded to landlord; Rent Arrears: $1,602.86 awarded to landlord; to walls in the bedrooms and downsta…: $1,325.00 awarded to landlord; Rubbish Removal: $4,580.00 awarded to landlord; Water Rates: $540.08 awarded to landlord

What type of tenancy dispute was case 5438870?

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

Where can I read the official tribunal order for case 5438870?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13814877-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5438870 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5438870?

Cleaning: $977.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Pest Control: $320.00 awarded to landlord; Property Damage: $1,270.00 awarded to landlord; Property Damage: $260.00 awarded to landlord; Rent Arrears: $1,602.86 awarded to landlord; to walls in the bedrooms and downsta…: $1,325.00 awarded to landlord; Rubbish Removal: $4,580.00 awarded to landlord; Water Rates: $540.08 awarded to landlord

What type of tenancy dispute was case 5438870?

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

Where can I read the official tribunal order for case 5438870?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13814877-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5438870 — Property damage

Claims and awards in Tenancy Tribunal application 5438870 — net $8,543.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 January 2026	$1,602.86	Rent arrears to 16 January 2026
Water rates: to 21 January 2026	$540.08	Water rates: to 21 January 2026
Replace urine damaged strand board	$1,270.00	Replace urine damaged strand board
Rubbish removal	$4,580.00	Rubbish removal
Cleaning	$977.50	Cleaning
Pest control: 2 x flea treatment	$320.00	Pest control: 2 x flea treatment
Repairs: to walls in the bedrooms and downstairs	$1,325.00	Repairs: to walls in the bedrooms and downstairs
Window repairs	$260.00	Window repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,543.44
Total payable by Tenant to Landlord	$8,543.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Tulli Rawiri Kydd and Mama Akatu Taana must pay [The landlord/s] $8,543.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,360.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The landlord shall dispose of the fridge and the motorbike left at the premises by: a. checking the Personal Property Securities Register to ensure the motorbike is not owned by a third party, and b. selling the motorbike if it has a saleable value by public auction or by private contract at a reasonable market price, and c. by disposing of the motorbike if it has no saleable value as the landlord sees fit, and d. disposing of fridge which has no saleable value as the landlord sees fit.
The amount owing to the landlord out of the proceeds of any sale is $8,543.44.
If the motorbike has value and is sold then the landlord must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenants did not answer the calls to their phones.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The landlord also wants a disposal order for items which were left at the end of the tenancy.

How much is owed for rent and water rates?

I find the tenancy ended on 16 January 2026. This was a few days after the last day in the 90 day notice given to the tenants because the tenants needed some extra days to move out. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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

Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
The RTA 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 in particular inspection reports and photographs.
This is the landlord’s claim to prove. I was provided with good photos taken after the end of the tenancy. I can see the house was very dirty and there was a large amount of rubbish left behind. The landlord said there were fleas throughout the house. The amounts claimed are large but I am satisfied they are fair because of the amount of work that had to be done to return the house to a reasonable condition. The claims for rubbish removal, cleaning, and flea treatment are allowed.

Are the tenants responsible for the damage to the premises?

There are claims for damage. The 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.
The landlord has proved that a window was broken during the tenancy. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage. I have allowed the amount for the repairs.
The landlord has not proved there was damage to the lounge walls because the photos taken at the end of the tenancy do not show any damage. This claim is dismissed.
The landlord has proved there was damage to the walls in the bedrooms and in the basement bedroom which was caused during the tenancy. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage. I have allowed the amount for the repairs.
I have not allowed the claim for painting because of depreciation. The walls were painted at least 10 years ago. When it comes to compensating loss the landlord should be returned to the position they would have been in had the tenants not breached their obligations, and should not be better or worse off. It seems most likely to me that any order for painting would mean the landlord is better off. This is why the clam for painting is dismissed.
The landlord said there was significant damage to the carpets, underlay and floorboards during the tenancy because of pet urine. I have seen the photos and I accept the damage was significant. The landlord has proved the claim for replacing parts of the damaged strandboard, which was underneath the underlay. The damage is more than fair wear and tear. The tenants have not disproved liability for the damage and the amount claimed is reasonable.
There is a claim for replacing the carpets and underlay. When the landlord went to the house to do the final inspection he found all the carpet and most of the underlay had been removed by the tenants. The landlord has proved the tenants are responsible for the damage. However, I find the tenants should not pay for new carpet. This is because the carpet was at least 10 years old at the end of the tenancy and due for replacement anyway. As with the painted walls, I find that any order the tenants pay would mean the landlord is better off. This claim is dismissed.

Can the landlord dispose of the motorbike and fridge?

The landlord has applied for the disposal of two items that the tenants left at the premises at the end of the tenancy. The landlord is unable to contact the tenants, so it is not practicable for the landlord to the return the goods to the tenants.
The motorbike may have a value above the cost of storing, transporting and selling it. The landlord must investigate ownership and value as set out in the orders. If there is a saleable value the motorbike must be sold at a reasonable market price. The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) RTA.
The landlord may dispose of the fridge which I find has no saleable value. Other orders
I have sent a request to the Bond Centre.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord has applied for suppression. Section 95A RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest.
The landlord’s name is suppressed because they are the most successful party. The tenants’ names will be published because there is public interest when tenants leave the premises in a mess at the end of the tenancy.

Claims and awards in Tenancy Tribunal application 5438870 — net $8,543.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 January 2026	$1,602.86	Rent arrears to 16 January 2026
Water rates: to 21 January 2026	$540.08	Water rates: to 21 January 2026
Replace urine damaged strand board	$1,270.00	Replace urine damaged strand board
Rubbish removal	$4,580.00	Rubbish removal
Cleaning	$977.50	Cleaning
Pest control: 2 x flea treatment	$320.00	Pest control: 2 x flea treatment
Repairs: to walls in the bedrooms and downstairs	$1,325.00	Repairs: to walls in the bedrooms and downstairs
Window repairs	$260.00	Window repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,543.44
Total payable by Tenant to Landlord	$8,543.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Tulli Rawiri Kydd and Mama Akatu Taana must pay [The landlord/s] $8,543.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,360.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The landlord shall dispose of the fridge and the motorbike left at the premises by: a. checking the Personal Property Securities Register to ensure the motorbike is not owned by a third party, and b. selling the motorbike if it has a saleable value by public auction or by private contract at a reasonable market price, and c. by disposing of the motorbike if it has no saleable value as the landlord sees fit, and d. disposing of fridge which has no saleable value as the landlord sees fit.
The amount owing to the landlord out of the proceeds of any sale is $8,543.44.
If the motorbike has value and is sold then the landlord must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenants did not answer the calls to their phones.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The landlord also wants a disposal order for items which were left at the end of the tenancy.

How much is owed for rent and water rates?

I find the tenancy ended on 16 January 2026. This was a few days after the last day in the 90 day notice given to the tenants because the tenants needed some extra days to move out. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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

Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
The RTA 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 in particular inspection reports and photographs.
This is the landlord’s claim to prove. I was provided with good photos taken after the end of the tenancy. I can see the house was very dirty and there was a large amount of rubbish left behind. The landlord said there were fleas throughout the house. The amounts claimed are large but I am satisfied they are fair because of the amount of work that had to be done to return the house to a reasonable condition. The claims for rubbish removal, cleaning, and flea treatment are allowed.

Are the tenants responsible for the damage to the premises?

There are claims for damage. The 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.
The landlord has proved that a window was broken during the tenancy. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage. I have allowed the amount for the repairs.
The landlord has not proved there was damage to the lounge walls because the photos taken at the end of the tenancy do not show any damage. This claim is dismissed.
The landlord has proved there was damage to the walls in the bedrooms and in the basement bedroom which was caused during the tenancy. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage. I have allowed the amount for the repairs.
I have not allowed the claim for painting because of depreciation. The walls were painted at least 10 years ago. When it comes to compensating loss the landlord should be returned to the position they would have been in had the tenants not breached their obligations, and should not be better or worse off. It seems most likely to me that any order for painting would mean the landlord is better off. This is why the clam for painting is dismissed.
The landlord said there was significant damage to the carpets, underlay and floorboards during the tenancy because of pet urine. I have seen the photos and I accept the damage was significant. The landlord has proved the claim for replacing parts of the damaged strandboard, which was underneath the underlay. The damage is more than fair wear and tear. The tenants have not disproved liability for the damage and the amount claimed is reasonable.
There is a claim for replacing the carpets and underlay. When the landlord went to the house to do the final inspection he found all the carpet and most of the underlay had been removed by the tenants. The landlord has proved the tenants are responsible for the damage. However, I find the tenants should not pay for new carpet. This is because the carpet was at least 10 years old at the end of the tenancy and due for replacement anyway. As with the painted walls, I find that any order the tenants pay would mean the landlord is better off. This claim is dismissed.

Can the landlord dispose of the motorbike and fridge?

The landlord has applied for the disposal of two items that the tenants left at the premises at the end of the tenancy. The landlord is unable to contact the tenants, so it is not practicable for the landlord to the return the goods to the tenants.
The motorbike may have a value above the cost of storing, transporting and selling it. The landlord must investigate ownership and value as set out in the orders. If there is a saleable value the motorbike must be sold at a reasonable market price. The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) RTA.
The landlord may dispose of the fridge which I find has no saleable value. Other orders
I have sent a request to the Bond Centre.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord has applied for suppression. Section 95A RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest.
The landlord’s name is suppressed because they are the most successful party. The tenants’ names will be published because there is public interest when tenants leave the premises in a mess at the end of the tenancy.

Tenancy Tribunal case 5438870 — Property damage

At a glance

Tenancy Tribunal case 5438870 — Property damage

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

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

Are the tenants responsible for the damage to the premises?

Can the landlord dispose of the motorbike and fridge?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

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

Are the tenants responsible for the damage to the premises?

Can the landlord dispose of the motorbike and fridge?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions