Published tribunal order
Tenancy Tribunal case 5459549 — Rent arrears
Decided 6 Jul 2026 · Published 6 Jul 2026 · Application 5459549
- Rent arrears
- Property damage
- Cleanliness
Party names are redacted in the official published order.
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] $3,431.29 immediately, calculated as shown below.
Reasons
- Both parties attended the hearing by videoconference.
- The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 8 February 2026. It is not disputed that there was $1,835.71 in unpaid rent and $253.29 in unpaid water rates owed at the end of the tenancy.
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. 1
- Exit inspection photographs show that while the tenant made significant efforts to leave the premises in reasonably clean and tidy condition, in some respects she was unable to do so.
- The landlord arranged for commercial cleaning of the premises at a cost of $515.00. That cleaning made the premises ready for a new tenancy.
- A tenant’s obligation is to leave the premises reasonably clean and tidy, not turn key ready for a new tenancy to begin. This was a 3 ½ year tenancy and the owner could be expected to do some refreshing between tenancies. For that reason the amount awarded is less than the amount claimed.
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.
- 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.
- A stain on one of the bedroom carpets at the end of the tenancy is not shown to have been there when the tenancy started. On balance I find it proved more likely than not to have been caused during the tenancy. The landlord should be compensated for the cost of the carpet cleaning as proved by the invoice provided. 1 See section 40(1)(e)(ii)-(v) RTA
- The landlord made an insurance claim to cover the cost of addressing damage to the floor in the laundry and kitchen. The landlord claims compensation for the cost of that excess.
- The evidence does not prove that the cause of the damage was other than leaking from the premises itself. The evidence does not show that the tenant breached her obligation to make the landlord aware of the damage or of the need for any repair of the cause. 2 I do not find that claim proved.
- The exit inspection photographs show many areas where there were small amounts of damage to wall surfaces or joinery. The property manager’s evidence is that the painting contractor advised that it would be more cost effective to repaint the whole of the premises’ interior than to repair and repaint the damage itself. That was done at a cost of $2,760.00.
- I am satisfied that the extent of the damage meant that some repair work was required. The landlord will receive a very significant betterment from a full interior repaint. The last interior repaint was a round 5 years ago and would likely have been required in any event within the next 5 years. It is having to incur that cost now rather than when it would otherwise have been required, as well as having to pay for repairs before painting that is the true cost to the landlord.
- Weighing those considerations I assess $1,000.00 as a fair contribution by the tenant toward the cost incurred by the landlord, as proved by the invoice provided.
- Because [The applicant/s] has had claims upheld, I reimburse the filing fee.