What was Tenancy Tribunal case 5446229 about?

The tribunal order states: [The tenant/s] must pay Linkpeople Limited $636.76, calculated as shown

How much money was awarded in case 5446229?

Cleaning: $431.25 awarded to landlord; Property Damage: $840.51 awarded to landlord; Hole In Wall: $165.00 awarded to landlord; Replace furnishings: 2 x door handle…: $138.00 awarded to landlord; Time Payments: $938.00 awarded to tenant

What type of tenancy dispute was case 5446229?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5446229?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13784244-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5446229 about?

The tribunal order states: [The tenant/s] must pay Linkpeople Limited $636.76, calculated as shown

How much money was awarded in case 5446229?

Cleaning: $431.25 awarded to landlord; Property Damage: $840.51 awarded to landlord; Hole In Wall: $165.00 awarded to landlord; Replace furnishings: 2 x door handle…: $138.00 awarded to landlord; Time Payments: $938.00 awarded to tenant

What type of tenancy dispute was case 5446229?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5446229?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13784244-Tenancy_Tribunal_Order.pdf.

101C East Tamaki Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 5446229 — Property damage

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5446229 — net $636.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: Hole in wall	$165.00		Repairs: Hole in wall
Cleaning: house, including oven (50% of invoiced cost	$431.25		Cleaning: house, including oven (50% of invoiced cost
Window repair	$840.51		Window repair
Replace furnishings: 2 x door handles	$138.00		Replace furnishings: 2 x door handles
Time payments to 21 June 2026		$938.00	Time payments to 21 June 2026
Total award	$1,574.76	$938.00
Net award	$636.76
Total payable by Tenant to Landlord	$636.76

[The tenant/s] must pay Linkpeople Limited $636.76, calculated as shown in table below.

The tenant must pay the debt in order [1] at the rate of $10.00 per week. The first payment must be made on Monday 22 June 2026 and payments must continue every Monday until the debt is paid in full.1

If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court. 1 The tenant has been paying every Monday and this order assumes the expected payment today has yet to be processed. If the time payment total of $938.00 includes a payment today, the amount payable by the tenant is reduced by $10.00. 5446229 2

Reasons

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with the hearing.

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

The tenant commenced a time payment of $10.00 per week during the tenancy due to a cost of window repair incurred. These payments have been applied against the debt in this order.

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 (RTA).

The landlord claims the tenant did not leave the premises reasonably clean and tidy.

In support of the claim an invoice for $862.50, citing a “Major internal deep clean whole house including walls and ceiling”. The entry and exit photos were reviewed. The oven was left unclean, both the stovetop and oven required a deep clean. However, beyond that, the other evidenced tasks did not amount to anything close to the full invoiced effort and cost – nor support the claim a major deep clean was required.

The RTA does not require the vacated premises to be in an immaculate condition, only in a reasonably clean and tidy state. The Tribunal will also take into account factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particular with paint work). There were a number of “tired” surfaces present in the exit photos. These have been considered.

Having considered the evidence, I award 50% of the cleaning invoice for proven tenant failures to leave some areas of the premises in a reasonable condition.

Is the tenant responsible for the damage to the premises?

5446229 3

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.

“Fair wear” is deterioration caused by the reasonable use of the premises. “Fair tear” is deterioration caused by the ordinary operation of the forces of nature. Importantly, intentional or careless damage are not fair wear and tear. The landlord must prove that damage is beyond fair wear and tear for compensation.

The following damage was caused during the tenancy: a. Hole in Bedroom 1 wall. A hand sized hole in the wall was evidenced as having occurred during the tenancy. The invoice also claimed for “Remove glue stickers at bedroom ceiling, patch up, sanding and repaint throughout as required”. These additional tasks were discussed as the entry photos indicate tired finish or prior incomplete repairs that gave some doubt as to the extent of further work and any tenant liability. I have made an allocation of $165.00 of the invoiced cost for the proven need to repair the hole in the wall. The other tasks are not proven. b. Window repair. This occurred during the tenancy and was never disputed with payments commenced to compensate the landlord. The $840.51 is awarded. c. Missing door handles. Two door handles were missing at the end of the tenancy. The replacement cost as invoiced was $138.00 and this is warded.

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

The claims for carpet cleaning and repair and repaint bedroom door were withdrawn by the landlord at the hearing.

The amounts ordered are proved.

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. Filing fee

I make no order regarding the filing fee. Given the limited success of the landlord I leave it with the cost of filing ($28.00). I consider the main award for 5446229 4 the window repair was already accepted by the tenant and it had been paid off by the weekly time payments by the date of this hearing. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord requested suppression in its application. As it has not been wholly or substantially successful, no suppression is ordered.

Order

Claims and awards in Tenancy Tribunal application 5446229 — net $636.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: Hole in wall	$165.00		Repairs: Hole in wall
Cleaning: house, including oven (50% of invoiced cost	$431.25		Cleaning: house, including oven (50% of invoiced cost
Window repair	$840.51		Window repair
Replace furnishings: 2 x door handles	$138.00		Replace furnishings: 2 x door handles
Time payments to 21 June 2026		$938.00	Time payments to 21 June 2026
Total award	$1,574.76	$938.00
Net award	$636.76
Total payable by Tenant to Landlord	$636.76

[The tenant/s] must pay Linkpeople Limited $636.76, calculated as shown in table below.

Reasons

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

The tenant commenced a time payment of $10.00 per week during the tenancy due to a cost of window repair incurred. These payments have been applied against the debt in this order.

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

The landlord claims the tenant did not leave the premises reasonably clean and tidy.

Having considered the evidence, I award 50% of the cleaning invoice for proven tenant failures to leave some areas of the premises in a reasonable condition.

Is the tenant responsible for the damage to the premises?

5446229 3

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

The claims for carpet cleaning and repair and repaint bedroom door were withdrawn by the landlord at the hearing.

The amounts ordered are proved.

The landlord requested suppression in its application. As it has not been wholly or substantially successful, no suppression is ordered.

Tenancy Tribunal case 5446229 — Property damage at 101C East Tamaki Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 5446229 — Property damage at 101C East Tamaki Road, Papatoetoe, Auckland 2025

At a glance

Award balance

Claims & awards

Order

Reasons

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

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