What was Tenancy Tribunal case 5469050 about?

The tribunal order states: [The tenant/s] must pay Accessible Properties New Zealand Limited $5,593.10

How much money was awarded in case 5469050?

Cleaning: $1,633.32 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $316.81 awarded to landlord; Property Damage: $224.51 awarded to landlord; Rent Arrears: $545.14 awarded to landlord; Rubbish Removal: $2,395.09 awarded to landlord; Water Rates: $450.23 awarded to landlord

What type of tenancy dispute was case 5469050?

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

Where can I read the official tribunal order for case 5469050?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13931131-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5469050 about?

The tribunal order states: [The tenant/s] must pay Accessible Properties New Zealand Limited $5,593.10

How much money was awarded in case 5469050?

Cleaning: $1,633.32 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $316.81 awarded to landlord; Property Damage: $224.51 awarded to landlord; Rent Arrears: $545.14 awarded to landlord; Rubbish Removal: $2,395.09 awarded to landlord; Water Rates: $450.23 awarded to landlord

What type of tenancy dispute was case 5469050?

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

Where can I read the official tribunal order for case 5469050?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13931131-Tenancy_Tribunal_Order.pdf.

15A Hampton Terrace, Parkvale, Tauranga 3112 Tenancy Tribunal Case 5469050 — Cleanliness

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Reasons

Claims and awards in Tenancy Tribunal application 5469050 — net $5,593.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 06 October 2025 to 29 October 2025	$545.14	Rent arrears 06 October 2025 to 29 October 2025
Cleaning and carpet cleaning	$1,633.32	Cleaning and carpet cleaning
Rubbish removal including removal of vehicle	$2,395.09	Rubbish removal including removal of vehicle
Lawns and Garden work	$316.81	Lawns and Garden work
Repairs letter box	$224.51	Repairs letter box
Water rates 11/11/2024 to 22/05/2025	$450.23	Water rates 11/11/2024 to 22/05/2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,593.10
Total payable by Tenant to Landlord	$5,593.10

Ms Fitzpatrick appeared for the landlord via video. The tenant did not join the link sent to them in the notice of hearing. I placed a call to their contact number, which went straight to voicemail. The hearing has proceeded in the tenant’s absence.

The tenancy commenced 19 July 2021. On 02 October 2025, the Tribunal terminated the tenancy for rent arrears effective 09 October 2025. The Tribunal awarded rent arrears to 05 October 2025, refunded the bond, and reimbursed the filing fee. The landlord advises the balance of that order is currently under enforcement.

On 16 March 2026, the landlord filed a claim for rent arrears to the date the tenant vacated the property on 29 October 2025, and compensation for outstanding water rates, cleaning, carpet cleaning, rubbish removal, missing chattels, and damage. Law

The tenant is liable for rent until they vacate the property.

Under section 39 of the Residential Tenancies Act 1986 (Act), the tenant is responsible for outgoings that are exclusively attributable to their occupation of the premises, such as electricity, gas, telephone, and water and wastewater charges. Analysis and decision

The tenancy ended on 9 October 2025. The Tribunal previously awarded the landlord rent arrears up to 5 October 2025. The tenant is liable for rent arrears from 6 October 2025 to when they vacated the property on 29 October 2025. The landlord has provided up-to-date rent records. The amount claimed is awarded.

The landlord has provided three water rates invoices for the period 11 November 2024 to 22 October 2025. These have not been paid by the tenant. I am satisfied the amount claimed is exclusively attributable to the tenant’s occupation of the property and is for usage only. The amount claimed is awarded.

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

The landlord claims the tenant failed to leave the property reasonably clean and tidy, and failed to remove all rubbish.

The landlord seeks $1,633.32 for cleaning and carpet cleaning, $2,618.73 for rubbish removal, and $316.81 for lawn and garden maintenance.

The property was new in 2021. The tenant was the first occupant. The property has four bedrooms, a kitchen, bathroom, separate toilet, lounge/dining room, laundry, and storage shed.

The landlord has provided pre-tenancy and end-of-tenancy inspection reports, which include photographs. Law

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) of the Act.

The provision does not require the premises to be provided or returned in a spotless or 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 method to determine what is reasonably clean and tidy, and the Tribunal must evaluate the available evidence, including inspection reports and photographs.

Provided that the property was in a reasonably clean condition at the commencement of the tenancy, it should be returned in the same condition.

Subject to fair wear and tear, chattels should be returned in a reasonable condition. Analysis and decision

From the photographs in the end-of-tenancy inspection report, it appears that the tenant vacated the property leaving a significant amount of their personal possessions behind, including furniture, beds, general household items, and a vehicle. No end-of-tenancy cleaning was completed. The carpet is soiled and stained. The lawns and gardens are also significantly overgrown. There is household rubbish both inside and outside the house, including some tyres.

The claim for lawn and garden maintenance includes the trimming of a shrub. This is usually the responsibility of the landlord, so I remove that cost from the claim and award the landlord $316.81.

Otherwise, I am satisfied that the tenant has failed to leave the property in a reasonably clean and tidy condition and to remove all rubbish.

The cost associated with moving the vehicle is $723.64. However, there is no breakdown of that cost, such as the time taken to recover the vehicle, or the distance travelled from the property to storage location. Based on the evidence, I question whether that is reasonable. I therefore reduce the claim to $500.00.

For cleaning and carpet cleaning, I award the amount claimed but reduce the rubbish removal claim by $223.64, and award the landlord $2,395.09.

Is the tenant responsible for the damage to the premises?

The landlord claims that the tenant is responsible for damage to the property that is more than fair wear and tear.

The landlord is claiming $27.47 to replace a missing chain and plug from the laundry, $87.57 to replace a toilet seat, $138.79 to replace a damaged letterbox, $109.68 to replace the numbers on the letterbox, and $85.72 to attach the letterbox to the fence. 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

There are two toilets at the property. The photographs of neither show any visible damage. While there is a photograph of the laundry tub at the commencement of the tenancy, it is not of sufficient quality to make out a chain and plug. It is not listed as a chattel. Concerning the toilet seat and the chain and plug, there is insufficient evidence and the claim relating to them is dismissed. This leaves the damage to the letterbox. The pre-tenancy inspection report contains a photograph of the letterbox, which was new and undamaged. The photograph taken at the end of the tenancy shows that it has been damaged. The damage appears to be more than fair wear and tear. I award the amount claimed to replace the letterbox and the bracket affixing it to the fence. I am not satisfied that there has been any betterment, and I make no deduction. However, the numbers on the letterbox have been screwed on. They have not been damaged. I am not satisfied that these were damaged and could not be reused on the new letterbox, and that part of the claim is dismissed. Costs

As the landlord has been substantially successful, I order reimbursement of the filing fee. Name suppression

Although the landlord is entitled to name suppression, they do not seek it, and no orders are made. See section 95A of the Act.

Reasons

Claims and awards in Tenancy Tribunal application 5469050 — net $5,593.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 06 October 2025 to 29 October 2025	$545.14	Rent arrears 06 October 2025 to 29 October 2025
Cleaning and carpet cleaning	$1,633.32	Cleaning and carpet cleaning
Rubbish removal including removal of vehicle	$2,395.09	Rubbish removal including removal of vehicle
Lawns and Garden work	$316.81	Lawns and Garden work
Repairs letter box	$224.51	Repairs letter box
Water rates 11/11/2024 to 22/05/2025	$450.23	Water rates 11/11/2024 to 22/05/2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,593.10
Total payable by Tenant to Landlord	$5,593.10