What was Tenancy Tribunal case 5458529 about?

The tribunal order states: [The tenant/s], [The tenant/s], [The tenant/s] and [The tenant/s] must pay Forthwith Shelf Company Limited

How much money was awarded in case 5458529?

Cleaning: $535.00 awarded to landlord; Rent Arrears: $12,802.70 awarded to landlord; Rubbish Removal: $75.00 awarded to landlord

What type of tenancy dispute was case 5458529?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5458529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13877557-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5458529 about?

The tribunal order states: [The tenant/s], [The tenant/s], [The tenant/s] and [The tenant/s] must pay Forthwith Shelf Company Limited

How much money was awarded in case 5458529?

Cleaning: $535.00 awarded to landlord; Rent Arrears: $12,802.70 awarded to landlord; Rubbish Removal: $75.00 awarded to landlord

What type of tenancy dispute was case 5458529?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5458529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13877557-Tenancy_Tribunal_Order.pdf.

64 Rama Crescent, Khandallah, Wellington 6035 Tenancy Tribunal Case 5458529 — Rent arrears

Tenantcheck Insights

64 Rama Crescent, Khandallah, Wellington 6035 Tenancy Tribunal Case 5458529 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5458529 — net $8,832.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$75.00	The claim for rubbish removal is fair.
Cleaning: 20 hours at plus cleaning products	$535.00	Cleaning: 20 hours at plus cleaning products
Rent arrears to 19 February 2026	$12,802.70	Rent arrears to 19 February 2026
Net award	$8,832.70
Total payable by Tenant to Landlord	$8,832.70

Claims and awards for application 5458529 — net $8,832.70 NZD. Verify on MoJ.

Rubbish removal

Amount: $75.00
Awarded to: Landlord
Reason: The claim for rubbish removal is fair.

Cleaning: 20 hours at plus cleaning products

Amount: $535.00
Awarded to: Landlord
Reason: Cleaning: 20 hours at plus cleaning products

Rent arrears to 19 February 2026

Amount: $12,802.70
Awarded to: Landlord
Reason: Rent arrears to 19 February 2026

Net award

Landlord $8,832.70

Total payable by Tenant to Landlord

Landlord $8,832.70

Dismissed claims

Cleaning — The landlord did not provide photos before the hearing. He held his ipad to the camera during the hearing but I could not see the photos of the section.
Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Rent arrears Rubbish Removal

Order

[The tenant/s], [The tenant/s], [The tenant/s] and [The tenant/s] must pay Forthwith Shelf Company Limited $8,832.70 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $4,580.00 (3126053-014) to Forthwith Shelf Company Limited immediately.
All other claims are dismissed.

Reasons

The landlord attended the hearing.
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?

The parties signed a fixed term tenancy agreement that ended on 19 February 20226. The landlord said the tenants all moved out early, by 13 November 2025. The only communication I have been provided with from that time is an email from the landlord dated 14 November to the tenants. The email states that the tenants are required to pay rent until the end of the tenancy, or until new tenants can be found. The landlord advised the tenants that the house would have to be cleaned before it could be advertised. The landlord was not able to rent the house before the end of the fixed term. Based on the evidence provided I find the tenancy ended on 19 February 2026. I accept the house had to be cleaned before it could be shown to prospective tenants. The landlord provided rent records 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.
There is a claim for cleaning and rubbish removal. This is the landlord’s claim to prove. I was provided with photos the landlord said were taken on 13 November 2025. I have allowed an amount for cleaning that seems reasonable based on the photos. The claim for rubbish removal is fair.
The claim for cleaning the section is dismissed. The landlord did not provide photos before the hearing. He held his ipad to the camera during the hearing but I could not see the photos of the section. The claim was not proved. The landlord is advised to upload or email any photos before any future Tribunal hearings.

Are the tenants responsible for the damage?

There is a claim for replacement carpet. 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 tenants 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.
There is a photo showing a large stain on the carpet in one of the bedrooms. The landlord has proved there was damage during the tenancy. It seems most likely to me the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
However I am not persuaded I should allow the claim for replacement carpet. I have to take betterment and depreciation into account. 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.
In calculating depreciation I am required to take the age and condition of the carpet at the start of the tenancy into account. The landlord said the carpet was five years old but did not have any proof of installation five years ago. Given that the IRD tables show a life expectancy of only 8 years for carpet in a rental property, I am not willing to order the tenants pay for new carpet because there is a risk the landlord will be better off.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5458529 — net $8,832.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$75.00	The claim for rubbish removal is fair.
Cleaning: 20 hours at plus cleaning products	$535.00	Cleaning: 20 hours at plus cleaning products
Rent arrears to 19 February 2026	$12,802.70	Rent arrears to 19 February 2026
Net award	$8,832.70
Total payable by Tenant to Landlord	$8,832.70

Claims and awards for application 5458529 — net $8,832.70 NZD. Verify on MoJ.

Rubbish removal

Amount: $75.00
Awarded to: Landlord
Reason: The claim for rubbish removal is fair.

Cleaning: 20 hours at plus cleaning products

Amount: $535.00
Awarded to: Landlord
Reason: Cleaning: 20 hours at plus cleaning products

Rent arrears to 19 February 2026

Amount: $12,802.70
Awarded to: Landlord
Reason: Rent arrears to 19 February 2026

Net award

Landlord $8,832.70

Total payable by Tenant to Landlord

Landlord $8,832.70

Dismissed claims

Cleaning — The landlord did not provide photos before the hearing. He held his ipad to the camera during the hearing but I could not see the photos of the section.
Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Rent arrears Rubbish Removal

Order

[The tenant/s], [The tenant/s], [The tenant/s] and [The tenant/s] must pay Forthwith Shelf Company Limited $8,832.70 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $4,580.00 (3126053-014) to Forthwith Shelf Company Limited immediately.
All other claims are dismissed.

Reasons

The landlord attended the hearing.
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?

The parties signed a fixed term tenancy agreement that ended on 19 February 20226. The landlord said the tenants all moved out early, by 13 November 2025. The only communication I have been provided with from that time is an email from the landlord dated 14 November to the tenants. The email states that the tenants are required to pay rent until the end of the tenancy, or until new tenants can be found. The landlord advised the tenants that the house would have to be cleaned before it could be advertised. The landlord was not able to rent the house before the end of the fixed term. Based on the evidence provided I find the tenancy ended on 19 February 2026. I accept the house had to be cleaned before it could be shown to prospective tenants. The landlord provided rent records 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.
There is a claim for cleaning and rubbish removal. This is the landlord’s claim to prove. I was provided with photos the landlord said were taken on 13 November 2025. I have allowed an amount for cleaning that seems reasonable based on the photos. The claim for rubbish removal is fair.
The claim for cleaning the section is dismissed. The landlord did not provide photos before the hearing. He held his ipad to the camera during the hearing but I could not see the photos of the section. The claim was not proved. The landlord is advised to upload or email any photos before any future Tribunal hearings.

Are the tenants responsible for the damage?

There is a claim for replacement carpet. 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 tenants 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.
There is a photo showing a large stain on the carpet in one of the bedrooms. The landlord has proved there was damage during the tenancy. It seems most likely to me the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
However I am not persuaded I should allow the claim for replacement carpet. I have to take betterment and depreciation into account. 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.
In calculating depreciation I am required to take the age and condition of the carpet at the start of the tenancy into account. The landlord said the carpet was five years old but did not have any proof of installation five years ago. Given that the IRD tables show a life expectancy of only 8 years for carpet in a rental property, I am not willing to order the tenants pay for new carpet because there is a risk the landlord will be better off.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5458529 — Rent arrears at 64 Rama Crescent, Khandallah, Wellington 6035

At a glance

Tenancy Tribunal case 5458529 — Rent arrears at 64 Rama Crescent, Khandallah, Wellington 6035

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Are the tenants responsible for the damage?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Are the tenants responsible for the damage?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions