What was Tenancy Tribunal case 5451271 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Sunny Nelson Realty Limited As Agents For

How much money was awarded in case 5451271?

Cleaning: $1,523.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $29.70 awarded to landlord; Recycling Bin: $22.00 awarded to landlord; Rent Arrears: $40.00 awarded to landlord; Front Door: $187.89 awarded to landlord; Wall: $1,035.00 awarded to landlord; Rubbish Removal: $326.94 awarded to landlord

What type of tenancy dispute was case 5451271?

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

Where can I read the official tribunal order for case 5451271?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14054475-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5451271 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Sunny Nelson Realty Limited As Agents For

How much money was awarded in case 5451271?

Cleaning: $1,523.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $29.70 awarded to landlord; Recycling Bin: $22.00 awarded to landlord; Rent Arrears: $40.00 awarded to landlord; Front Door: $187.89 awarded to landlord; Wall: $1,035.00 awarded to landlord; Rubbish Removal: $326.94 awarded to landlord

What type of tenancy dispute was case 5451271?

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

Where can I read the official tribunal order for case 5451271?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14054475-Tenancy_Tribunal_Order.pdf.

41 Katania Heights, Brightwater, Brightwater 7022 Tenancy Tribunal Case 5451271 — Cleanliness

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5451271 — net $3,193.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears balance as at 14 August 2026	$40.00	Rent arrears balance as at 14 August 2026
Rubbish removal	$326.94	Rubbish removal
Cleaning	$1,523.75	Cleaning
Repairs: Wall	$1,035.00	Repairs: Wall
Key replacement	$29.70	Key replacement
Recycling bin	$22.00	Recycling bin
Repairs: Front door	$187.89	Repairs: Front door
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,193.28
Total payable by Tenant to Landlord	$3,193.28

All parties attended the hearing, including another tenant that was named as a party. I have excluded this tenant in the order as she left the tenancy in about June 2025. She did not sign the ‘paperwork’ as she did not want to lose the bond.

However, a mediated agreement was reached after the tenancy ended confirming that the parties agreed that Mr Sparks was responsible for the debt.

At todays hearing all parties agreed that the order should reflect Mr Sparks as the only tenant.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The previous mediated order confirmed the refund of the bond and Mr Sparks has made payment of some of the balance of the rent arrears owing leaving a balance now of $40.00.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There wa a significant amount of rubbish that needed to be removed from the property. The tenant acceptd this however disputed the cleaning account. The invoice shows the work that was required and photos show some of the clean up that was required. I am also told that the carpets required a significant clean, included in this invoice, due to the extent of the smell of cat urine.

The tenant did not return all of the keys. The recycling bin was also missing.

Having considered all of the evidence and submissions I accept on the balance of probabilities that the claim is proven.

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 following damage was caused during the tenancy:

There was damage to a bedroom wall and front door. The tenant accepted the damage however states that the cost to repair were high. He states he is in the trade and therefore knows it could be done much cheaper. He however did not make the repairs and there is no other evidence to say what the costs should have been. 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 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.

Because Sunny Nelson Realty Limited As Agents For Llap Properties Limited has wholly succeeded with the claim I must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5451271 — net $3,193.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears balance as at 14 August 2026	$40.00	Rent arrears balance as at 14 August 2026
Rubbish removal	$326.94	Rubbish removal
Cleaning	$1,523.75	Cleaning
Repairs: Wall	$1,035.00	Repairs: Wall
Key replacement	$29.70	Key replacement
Recycling bin	$22.00	Recycling bin
Repairs: Front door	$187.89	Repairs: Front door
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,193.28
Total payable by Tenant to Landlord	$3,193.28

However, a mediated agreement was reached after the tenancy ended confirming that the parties agreed that Mr Sparks was responsible for the debt.

At todays hearing all parties agreed that the order should reflect Mr Sparks as the only tenant.

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

The tenant did not return all of the keys. The recycling bin was also missing.

Having considered all of the evidence and submissions I accept on the balance of probabilities that the claim is proven.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy:

The amounts ordered are proved.

Because Sunny Nelson Realty Limited As Agents For Llap Properties Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5451271 — Cleanliness at 41 Katania Heights, Brightwater, Brightwater 7022

At a glance

Tenancy Tribunal case 5451271 — Cleanliness at 41 Katania Heights, Brightwater, Brightwater 7022

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

Reduce avoidable tribunal risk with proper tenant checks.

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

Reduce avoidable tribunal risk with proper tenant checks.