Published tribunal order
Tenancy Tribunal case 5458351 — Rent arrears at 14 Heipipi Drive, Eskdale, Napier 4182
Decided 7 Jul 2026 · Published 7 Jul 2026 · Application 5458351
- Rent arrears
- Cleanliness
Order
- [The tenant/s] and [The tenant/s] must pay [The landlord/s] and [The landlord/s] $12,760.78 immediately, calculated as shown in table below.
Reasons
- On 2 March 2026 the landlords filed an application seeking rent arrears, compensation, refund of the bond and reimbursement of the filing fee following the end of the tenancy.
- The hearing proceeded by way of video link. The landlords appeared. Ms Collins appeared. Ms Wati failed to appear. The Tribunal was satisfied Ms Wati had been properly served with the notice of hearing (to an email address she had previously used to correspond with the landlord about the debts owing at the end of the tenancy) and the case proceeded in her absence. Back ground of the tenancy
- The tenants previously resided in a rental property owned by the landlords at Kittyhawk Drive, Taupo.
- At the commencement of that tenancy $3,900.00 bond was paid by the tenants to the landlords. The landlords lodged $1,950.00 of the bond with the Bond Centre and retained the remaining $1,950.00 in a bank account.
- The parties then entered into a new tenancy agreement for the rental of Heipipi Drive.
- That tenancy commenced on 27 March 2025 with the fixed term due to expire on 27 March 2026. The tenancy ended on 8 December 2025.
- The parties said they believed the $1,950.00 bond held by the Bond Centre in respect of Kittyhawk Drive would be transferred across to Heipipi Drive. This did not occur.
- The landlord’s confirmed that the $1,950.00 bond payment they retained is still held by them. No deductions were made from that bond in respect of the Kittyhawk Drive property. How much is owed in rent arrears
- The landlord provided up to date rent records which prove the amount owing at the end of the tenancy totalled $14,464.28.
- The tenant did not dispute the amount claimed.
- The amount claimed is ordered.
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 landlord seeks compensation for window cleaning costs totalling $180.00 and carpet cleaning costs totalling $218.50. Invoices proving the amount claimed were provided.
Are the tenants liable for the cost of window cleaning?
- The landlord claims the interior and exterior windows required professional cleaning at the end of the tenancy as they were not returned in a reasonably clean condition.
- The tenant disputes the amount claimed stating that windows had not been cleaned prior to taking up the tenancy. The tenant acknowledged she did not clean the windows at the end of the tenancy.
- No evidence, in the form of pre-tenancy or end of tenancy inspection reports or photographs were provided proving the condition of the windows at the beginning or end of the tenancy. Given the lack of evidence the Tribunal cannot be satisfied on the balance of probabilities the tenant failed to return the windows in a reasonably clean condition and the claim is dismissed. Are the tenant’s liable for the cost of carpet cleaning?
- The landlord states the carpets throughout the property were replaced during the tenancy. At the end of the tenancy the carpets were stained and required professional cleaning and spot treatment.
- The carpet cleaning contractor’s invoice records that there were “small spots [on the carpet] in the lounge, master bedroom and two kids bedrooms”.
- The tenant did not dispute the amount claimed. She acknowledged the carpets were new, and at the end of the tenancy there were some discrete stains.
- The amount claimed is proved. Refund of the bond
- The parties agreed that the bond of $1.950.00, held by the landlords, is to be retained by the landlords and used to offset a portion of the rent arrears.
- The parties also agree the bond held by the Bond Centre in respect of the Kittyhawk Drive property should be refunded to the landlords and used to offset a further portion of rent arrears owing at Heipipi Drive.
- Following the hearing the Tribunal made enquiries with the Bond Centre and I can confirm, the Tribunal cannot make an order requiring the bond held as security against one property be refunded to offset rent arrears or other debts owing in respect of different property. If the parties wish to utilise the bond held in respect of Kittyhawk Drive to offset the end of tenancy debt in respect of Heipipi Road, they will need to file either a joint or one-party claim with the Bond Centre for this bond to be released. Other matters
- Because [The landlord/s], [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.