What was Tenancy Tribunal case 5467571 about?

The tribunal order states: The Tribunal orders suppression of the landlord’s name and identifying details.

How much money was awarded in case 5467571?

Cleaning: $138.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application [Redacted…: $818.00 awarded to landlord; Property Damage: $192.05 awarded to landlord; Rent Arrears: $1,241.43 awarded to landlord; Rubbish Removal: $149.50 awarded to landlord; Walls and Doors: $713.00 awarded to landlord

What type of tenancy dispute was case 5467571?

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

Where can I read the official tribunal order for case 5467571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13789699-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5467571 about?

The tribunal order states: The Tribunal orders suppression of the landlord’s name and identifying details.

How much money was awarded in case 5467571?

Cleaning: $138.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application [Redacted…: $818.00 awarded to landlord; Property Damage: $192.05 awarded to landlord; Rent Arrears: $1,241.43 awarded to landlord; Rubbish Removal: $149.50 awarded to landlord; Walls and Doors: $713.00 awarded to landlord

What type of tenancy dispute was case 5467571?

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

Where can I read the official tribunal order for case 5467571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13789699-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5467571 — Rent arrears

Claims and awards in Tenancy Tribunal application 5467571 — net $3,279.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 03 February 2026 to 13 February 2026	$1,241.43	Rent arrears 03 February 2026 to 13 February 2026
Previous order application [redacted] dated [ redacted	$818.00	Previous order application [redacted] dated [ redacted
Carpet Cleaning	$138.00	Carpet Cleaning
Rubbish removal	$149.50	Rubbish removal
Lock/key replacement	$192.05	Lock/key replacement
Repairs to walls and doors	$713.00	Repairs to walls and doors
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,279.98
Total payable by Tenant to Landlord	$3,279.98

Order

The Tribunal orders suppression of the landlord’s name and identifying details.
Charde Helena Leota-Poipoi must pay [The landlord/s] $2,461.98 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on [ redacted] under application [redacted].

Reasons

[ Property Manager] appeared for the landlord. There was no appearance by the tenant.
On 30 January 2026, the Tribunal terminated the tenancy for rent arrears effective 02 February 2026. The Tribunal awarded rent arrears to that date, refunded the bond and reimbursed the filing fee.
On 13 March 2026, the landlord filed a claim for the following: i. Rent arrears from 03 February 2026 to 13 February 2026, ii. Carpet cleaning, iii. Rubbish removal, iv. Key / remote replacement v. Damage Rent
The tenancy was terminated on 02 February 2026. The Tribunal awarded rent to that date. The tenant vacated the property on 13 February 2026. The landlord is seeking an additional eleven days’ rent for the period 03 February 2026 to 13 February 2026. The landlord has provided an updated rent summary, showing the application of the bond. The amount claimed is proven and awarded.

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

The landlord is claiming $149.50 for rubbish removal, $138.00 to remove carpet stains and soiling, and $192.05 to replace missing keys and a garage remote.
The property was built in 2024. The tenant was the first occupant. The Property has four bedrooms, a main bathroom, two ensuite bathrooms, a kitchen, an open plan dining / living room, and a double garage that contains the laundry.
The landlord has provided pre and end of tenancy inspection reports both of which include photographs.
The landlord has provided a photograph of the keys and remote controls supplied to the tenant at the commencement of the tenancy, which has been signed by the tenant. Law
At the end of the tenancy, the tenant must remove all rubbish and return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. Analysis and decision
The bins were new and empty at the commencement of the tenancy. The landlord produced a photograph of the yellow lid recycling bin, which is full of rubbish. The landlord also states that during the tenancy, the tenant damaged and repaired an internal door, which they then left in the garage. The landlord has provided a photograph of the door in the garage. I am satisfied that the tenant has failed to remove all rubbish.
The carpet was new at the commencement of the tenancy. The landlord has provided photographs showing staining and soiling of the carpet in two bedrooms. I am satisfied that the tenant has failed to leave the carpet reasonably clean. The staining and soiling were removed by cleaning.
The landlord has provided a photograph showing that only one garage remote was returned at the end of the tenancy. None of the keys were returned. I am satisfied that the tenant failed to return the keys and one of the remotes. The compensation sought is reasonable and awarded. Damage
The landlord claims the tenant is responsible for damage occurring during the tenancy that is more than fair wear and tear.
The landlord has provided photographs taken at the end of the tenancy showing damage to two walls in one bedroom, a wall in another bedroom, and partly repaired damage in a third. The landlord also states that the door the tenant replaced during the tenancy required painting.
The Landlord is claiming $713.00 to repair and spot paint the damaged areas and paint the door. Law
To succeed with a claim for damage, the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, the tenant must, to avoid liability, prove they did not carelessly or intentionally cause or permit the damage. See sections 40(2)(a), 41 and 49B of the Act.
Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. See Taylor v Webb [1937] 2KB 283 (CA).
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) of the Act.
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) of the Act.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional when a person does something, or allows a situation to continue, knowing that damage is certain. See Guo v Korck [2019] NZHC 1541.
In dealing with the issue of carelessness, the question is whether the tenant was exercising a degree of care and attention that a reasonable and prudent tenant would exercise in the circumstances.
Under section 40(1)(d) of the Act, the tenant must notify the landlord, as soon as possible after discovery, of any damage to the premises or of the need for any repairs. A failure to do so may result in the tenant being liable for any subsequent damage.
The test is objective and not based on the subjective opinion of the tenant or landlord.
The Tribunal may award damages for losses arising from a breach that are reasonably foreseeable, that is, a loss that naturally flows from the breach. Losses that do not will be considered too remote.
When awarding compensation for damage, the Tribunal must also consider 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 betterment and depreciation, the Tribunal must consider the age and condition of the items at the start of the tenancy, as well as their estimated useful life. Analysis and decision
The property was new at the commencement of the tenancy and undamaged. I am satisfied that the damage shown in the photographs occurred during the tenancy and that it is more than fair wear and tear.
The paint on the walls was approximately one year old at the end of the tenancy. Only the damaged areas were repaired. I make no deduction for betterment. The amount claimed is awarded. Previous decision
On [ redacted], the Tribunal made an order relating to this tenancy. The previous order is incorporated into this order for enforcement purposes. Costs
Because [The applicant/s] has wholly succeeded with the claim, I must reimburse the filing fee. Name suppression
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that their name or identifying particulars of that party not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
The landlord has been substantially successful and is granted name suppression.

Claims and awards in Tenancy Tribunal application 5467571 — net $3,279.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 03 February 2026 to 13 February 2026	$1,241.43	Rent arrears 03 February 2026 to 13 February 2026
Previous order application [redacted] dated [ redacted	$818.00	Previous order application [redacted] dated [ redacted
Carpet Cleaning	$138.00	Carpet Cleaning
Rubbish removal	$149.50	Rubbish removal
Lock/key replacement	$192.05	Lock/key replacement
Repairs to walls and doors	$713.00	Repairs to walls and doors
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,279.98
Total payable by Tenant to Landlord	$3,279.98

Order

The Tribunal orders suppression of the landlord’s name and identifying details.
Charde Helena Leota-Poipoi must pay [The landlord/s] $2,461.98 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on [ redacted] under application [redacted].

Reasons

[ Property Manager] appeared for the landlord. There was no appearance by the tenant.
On 30 January 2026, the Tribunal terminated the tenancy for rent arrears effective 02 February 2026. The Tribunal awarded rent arrears to that date, refunded the bond and reimbursed the filing fee.
On 13 March 2026, the landlord filed a claim for the following: i. Rent arrears from 03 February 2026 to 13 February 2026, ii. Carpet cleaning, iii. Rubbish removal, iv. Key / remote replacement v. Damage Rent
The tenancy was terminated on 02 February 2026. The Tribunal awarded rent to that date. The tenant vacated the property on 13 February 2026. The landlord is seeking an additional eleven days’ rent for the period 03 February 2026 to 13 February 2026. The landlord has provided an updated rent summary, showing the application of the bond. The amount claimed is proven and awarded.

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

The landlord is claiming $149.50 for rubbish removal, $138.00 to remove carpet stains and soiling, and $192.05 to replace missing keys and a garage remote.
The property was built in 2024. The tenant was the first occupant. The Property has four bedrooms, a main bathroom, two ensuite bathrooms, a kitchen, an open plan dining / living room, and a double garage that contains the laundry.
The landlord has provided pre and end of tenancy inspection reports both of which include photographs.
The landlord has provided a photograph of the keys and remote controls supplied to the tenant at the commencement of the tenancy, which has been signed by the tenant. Law
At the end of the tenancy, the tenant must remove all rubbish and return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. Analysis and decision
The bins were new and empty at the commencement of the tenancy. The landlord produced a photograph of the yellow lid recycling bin, which is full of rubbish. The landlord also states that during the tenancy, the tenant damaged and repaired an internal door, which they then left in the garage. The landlord has provided a photograph of the door in the garage. I am satisfied that the tenant has failed to remove all rubbish.
The carpet was new at the commencement of the tenancy. The landlord has provided photographs showing staining and soiling of the carpet in two bedrooms. I am satisfied that the tenant has failed to leave the carpet reasonably clean. The staining and soiling were removed by cleaning.
The landlord has provided a photograph showing that only one garage remote was returned at the end of the tenancy. None of the keys were returned. I am satisfied that the tenant failed to return the keys and one of the remotes. The compensation sought is reasonable and awarded. Damage
The landlord claims the tenant is responsible for damage occurring during the tenancy that is more than fair wear and tear.
The landlord has provided photographs taken at the end of the tenancy showing damage to two walls in one bedroom, a wall in another bedroom, and partly repaired damage in a third. The landlord also states that the door the tenant replaced during the tenancy required painting.
The Landlord is claiming $713.00 to repair and spot paint the damaged areas and paint the door. Law
To succeed with a claim for damage, the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, the tenant must, to avoid liability, prove they did not carelessly or intentionally cause or permit the damage. See sections 40(2)(a), 41 and 49B of the Act.
Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. See Taylor v Webb [1937] 2KB 283 (CA).
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) of the Act.
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) of the Act.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional when a person does something, or allows a situation to continue, knowing that damage is certain. See Guo v Korck [2019] NZHC 1541.
In dealing with the issue of carelessness, the question is whether the tenant was exercising a degree of care and attention that a reasonable and prudent tenant would exercise in the circumstances.
Under section 40(1)(d) of the Act, the tenant must notify the landlord, as soon as possible after discovery, of any damage to the premises or of the need for any repairs. A failure to do so may result in the tenant being liable for any subsequent damage.
The test is objective and not based on the subjective opinion of the tenant or landlord.
The Tribunal may award damages for losses arising from a breach that are reasonably foreseeable, that is, a loss that naturally flows from the breach. Losses that do not will be considered too remote.
When awarding compensation for damage, the Tribunal must also consider 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 betterment and depreciation, the Tribunal must consider the age and condition of the items at the start of the tenancy, as well as their estimated useful life. Analysis and decision
The property was new at the commencement of the tenancy and undamaged. I am satisfied that the damage shown in the photographs occurred during the tenancy and that it is more than fair wear and tear.
The paint on the walls was approximately one year old at the end of the tenancy. Only the damaged areas were repaired. I make no deduction for betterment. The amount claimed is awarded. Previous decision
On [ redacted], the Tribunal made an order relating to this tenancy. The previous order is incorporated into this order for enforcement purposes. Costs
Because [The applicant/s] has wholly succeeded with the claim, I must reimburse the filing fee. Name suppression
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that their name or identifying particulars of that party not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
The landlord has been substantially successful and is granted name suppression.

Tenancy Tribunal case 5467571 — Rent arrears

At a glance

Tenancy Tribunal case 5467571 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions