How much money was awarded in case 5458150?

Carpet: $2,400.00 awarded to landlord; Cleaning: $3,500.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $2,000.00 awarded to landlord; Previous Order Application 4953473 D…: $27.00 awarded to landlord; Rent Arrears: $233.43 awarded to landlord; Rubbish Removal: $550.00 awarded to landlord; Water Rates: $745.78 awarded to landlord

What type of tenancy dispute was case 5458150?

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

Where can I read the official tribunal order for case 5458150?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13898407-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5458150?

Carpet: $2,400.00 awarded to landlord; Cleaning: $3,500.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $2,000.00 awarded to landlord; Previous Order Application 4953473 D…: $27.00 awarded to landlord; Rent Arrears: $233.43 awarded to landlord; Rubbish Removal: $550.00 awarded to landlord; Water Rates: $745.78 awarded to landlord

What type of tenancy dispute was case 5458150?

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

Where can I read the official tribunal order for case 5458150?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13898407-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5458150 — Cleanliness

Q: What was Tenancy Tribunal case 5458150 about?

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

Order

Claims and awards in Tenancy Tribunal application 5458150 — net $9,314.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4953473 dated 29/10/2024	$27.00	Previous order application 4953473 dated 29/10/2024
Rent arrears	$233.43	Rent arrears
Water rates	$745.78	Water rates
Cleaning	$3,500.00	Cleaning
Lawns and Garden work	$2,000.00	ly tidy condition would be less than that claimed. The tenant is ordered to pay $2,000.00.
Rubbish removal: Skip bin hire	$550.00	Rubbish removal: Skip bin hire
Electrical fittings replacement/repair: Rangehood	$250.00	Electrical fittings replacement/repair: Rangehood
Carpet	$2,400.00	t of the tenancy and their likely useful lifespan. The tenant is ordered to pay $2,400.00.
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,314.21
Total payable by Tenant to Landlord	$9,314.21

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

[The tenant/s] must pay [The landlord/s] $9,314.21 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 29 October 2024 under application 4953473.

The Bond Centre is to pay the bond of $420.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the remote hearing.

The tenant did not attend the hearing by Team's video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 22 December 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $233.43 for rent and $745.78 for water rates.

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. 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.

The landlord provided photos showing the premises were left in an extremely poor state at the end of the tenancy. It did not appear that any cleaning had been done for a very long time. The garage was full of rubbish and tenant belongings. The invoices for cleaning were substantial at $3,500.00. Having reviewed the photos, the amount claimed is reasonable and is commensurate with the state of the premises. The landlord provided an invoice for skip bin hire at $550.00.

The landlord applied for compensation for lawns and gardens work and provided an invoice for $3,216.55. The photos showed a large section where the lawns were very long and the weeding needed was considerable. I consider that a reasonable charge to bring the gardens and lawns to a reasonably tidy condition would be less than that claimed. The tenant is ordered to pay $2,000.00.

The amounts ordered are 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:

The rangehood was damaged. The contractor indicated that the damage was in part caused by the tenant never having cleaned the rangehood during her five- year tenancy and a structural issue. The landlord seeks compensation for $250,00 being one half of the replacement costs.

Carpets had to be replaced. The landlord tried to get the carpets cleaned. The contractor said that the substantial number of pets kept by the tenant had resulted in the underlay being ruined. The smell of cat urine was overpowering. One accident with a pet could be considered careless. The ongoing damage caused by the pets to the carpets can only be considered intentional. The carpet was five years old at the end of the tenancy. The replacement cost was $4,730.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

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. The tenant is ordered to pay $2,400.00.

On 29 October 2024, the Tribunal made an order relating to this tenancy, for reimbursement of the filing fee of $27.00. The previous order is incorporated into this order for enforcement purposes.

The claims are proven.

As [The applicant/s] has substantially succeeded with the claim, I have ordered the tenant to reimburse the filing fee.

The landlord applied for name suppression. The landlord has been substantially successful in this hearing. Suppression of the landlord's name and details is ordered.

Claims and awards in Tenancy Tribunal application 5458150 — net $9,314.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4953473 dated 29/10/2024	$27.00	Previous order application 4953473 dated 29/10/2024
Rent arrears	$233.43	Rent arrears
Water rates	$745.78	Water rates
Cleaning	$3,500.00	Cleaning
Lawns and Garden work	$2,000.00	ly tidy condition would be less than that claimed. The tenant is ordered to pay $2,000.00.
Rubbish removal: Skip bin hire	$550.00	Rubbish removal: Skip bin hire
Electrical fittings replacement/repair: Rangehood	$250.00	Electrical fittings replacement/repair: Rangehood
Carpet	$2,400.00	t of the tenancy and their likely useful lifespan. The tenant is ordered to pay $2,400.00.
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$9,314.21
Total payable by Tenant to Landlord	$9,314.21

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
[The tenant/s] must pay [The landlord/s] $9,314.21 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 29 October 2024 under application 4953473.
The Bond Centre is to pay the bond of $420.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing by Team's video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 22 December 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $233.43 for rent and $745.78 for water rates.

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. 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.
The landlord provided photos showing the premises were left in an extremely poor state at the end of the tenancy. It did not appear that any cleaning had been done for a very long time. The garage was full of rubbish and tenant belongings. The invoices for cleaning were substantial at $3,500.00. Having reviewed the photos, the amount claimed is reasonable and is commensurate with the state of the premises. The landlord provided an invoice for skip bin hire at $550.00.
The landlord applied for compensation for lawns and gardens work and provided an invoice for $3,216.55. The photos showed a large section where the lawns were very long and the weeding needed was considerable. I consider that a reasonable charge to bring the gardens and lawns to a reasonably tidy condition would be less than that claimed. The tenant is ordered to pay $2,000.00.
The amounts ordered are 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:
The rangehood was damaged. The contractor indicated that the damage was in part caused by the tenant never having cleaned the rangehood during her five- year tenancy and a structural issue. The landlord seeks compensation for $250,00 being one half of the replacement costs.
Carpets had to be replaced. The landlord tried to get the carpets cleaned. The contractor said that the substantial number of pets kept by the tenant had resulted in the underlay being ruined. The smell of cat urine was overpowering. One accident with a pet could be considered careless. The ongoing damage caused by the pets to the carpets can only be considered intentional. The carpet was five years old at the end of the tenancy. The replacement cost was $4,730.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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. The tenant is ordered to pay $2,400.00.
On 29 October 2024, the Tribunal made an order relating to this tenancy, for reimbursement of the filing fee of $27.00. The previous order is incorporated into this order for enforcement purposes.
The claims are proven.
As [The applicant/s] has substantially succeeded with the claim, I have ordered the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been substantially successful in this hearing. Suppression of the landlord's name and details is ordered.

Tenancy Tribunal case 5458150 — Cleanliness

At a glance

Tenancy Tribunal case 5458150 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Frequently asked questions