What was Tenancy Tribunal case 5470157 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Glasshouse Property Management Limited As Agent

How much money was awarded in case 5470157?

Cleaning: $960.25 awarded to landlord; Cleaning: $159.56 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $2,616.26 awarded to landlord; Rent Arrears: $2,074.29 awarded to landlord; Rubbish Removal: $425.50 awarded to landlord

What type of tenancy dispute was case 5470157?

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

Where can I read the official tribunal order for case 5470157?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14136370-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5470157 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Glasshouse Property Management Limited As Agent

How much money was awarded in case 5470157?

Cleaning: $960.25 awarded to landlord; Cleaning: $159.56 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $2,616.26 awarded to landlord; Rent Arrears: $2,074.29 awarded to landlord; Rubbish Removal: $425.50 awarded to landlord

What type of tenancy dispute was case 5470157?

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

Where can I read the official tribunal order for case 5470157?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14136370-Tribunal_Order.pdf.

Unit/Flat 9, 48 Wellington Street, Hamilton East, Hamilton Tenancy Tribunal Case 5470157 — Property damage

Tenantcheck Insights

Unit/Flat 9, 48 Wellington Street, Hamilton East, Hamilton Tenancy Tribunal Case 5470157 — Property damage | 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 5470157 — net $3,623.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 March 2026	$2,074.29	Rent arrears to 5 March 2026
Cleaning	$159.56	Cleaning
Repairs: walls and rubbish removal	$425.50	Repairs: walls and rubbish removal
Carpet Cleaning	$960.25	Carpet Cleaning
Carpet replacement	$2,616.26	Carpet replacement
Filing fee reimbursement	$28.00	sful in their claim, I have ordered that the tenant reimburse the filing fee of $28. 12 Suppression
Net award	$3,623.86
Total payable by Tenant to Landlord	$3,623.86

Claims and awards for application 5470157 — net $3,623.86 NZD. Verify on MoJ.

Rent arrears to 5 March 2026

Amount: $2,074.29
Awarded to: Landlord
Reason: Rent arrears to 5 March 2026

Cleaning

Amount: $159.56
Awarded to: Landlord
Reason: Cleaning

Repairs: walls and rubbish removal

Amount: $425.50
Awarded to: Landlord
Reason: Repairs: walls and rubbish removal

Carpet Cleaning

Amount: $960.25
Awarded to: Landlord
Reason: Carpet Cleaning

Carpet replacement

Amount: $2,616.26
Awarded to: Landlord
Reason: Carpet replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Glasshouse Property Management Limited As Agent For The Home Bakery Ltd $3,623.86 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,640.00 (BN-00019909) to Glasshouse Property Management Limited As Agent For The Home Bakery Ltd immediately.
The balance of the claim is dismissed.

Reasons

The landlord attended the hearing. The tenant did not connect to the MS Teams link provided to them and nor did they connect via telephone as instructed in the Notice of Hearing sent to them. The tenant was phoned on the phone number provided; however, the phone call went to voice mail. The hearing proceeded in their absence.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.
The application for a disposal order was withdrawn.
The tenant did not attend the hearing for health reasons. On the morning of the hearing the tenant filed a significant amount of evidence, which was discussed and considered by the landlord and myself at the hearing. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden. As noted by the District Court in Kaipo v Clarke & McCarthy 1 , in practical terms this means that: ... “[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.”
In deciding any particular claim, I must consider all the evidence presented (including oral evidence during the hearing). I must weigh this evidence to decide what is more likely. The Law: obligations at the end of the tenancy 1 Kaipo v Clarke & McCarthy (DC) TT233/02.
At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 2 The Law – Damage
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 3
Where a landlord is claiming compensation for damage 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. 4
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. 5
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). 6 Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). 7 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 8
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 or caused by a pet being kept on the premises. This applies to anything the tenant does and anything done by a person they are responsible for. 9 Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. 10 2 RTA, 40(1)(e). 3 RTA, s 40 (2)(a). 4 RTA s 40(2)(a), 41, 49B. 5 See Taylor v Webb [1937] 2KB 283 (CA). 6 RTA s 49B(3)(a). 7 RTA, s 49B(3)(b). 8 RTA s 49B(3A)(a). 9 RTA s 49B(1). 10 See Guo v Korck [2019] NZHC 1541.
In assessing a claim for compensation, I must take into account 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 depreciation, I must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. The claims

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 11 The tenancy ended on 5 March 2026 (the vacate date) The landlord provided rent records which prove the amount owing at the end of the tenancy was $2,074.29 and this is ordered accordingly.

Is the tenant liable for general cleaning and rubbish removal costs?

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The amount ordered for general cleaning is $159.56. The amount ordered is proved with entry and exit inspection reports, oral evidence and an invoice. The rubbish removal is included in the wall repair claim below.

Is the tenant responsible for the damaged walls?

The walls were damaged with holes and poor repairs throughout the premises during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved with entry and exit inspection reports, oral evidence and an invoice. The invoice for the wall repairs included rubbish removal. The amount ordered for these matters is $425.50.

Is the tenant liable for carpet cleaning costs?

The carpet required cleaning as there were numerous pen and pet urine marks throughout the home . The amount ordered for carpet cleaning is $960.25. The amount ordered is proved with entry and exit inspection reports, oral evidence and an invoice.

Is the tenant liable for carpet replacement costs?

The landlord claims $2,990 for replacing the carpet in the dining and living room. The carpet was replaced with like for like carpet from the original carpet installer.
The landlord provided a carpet cleaners assessment which said: 11 RTA, 40 (1)(a). • Based on the extent of the urine present in the lounge/dining room, the carpet and underlay is not able to be treated and was lifted/disposed of. • Upon repeated return visits to treat the urine/stains the end result is to uplift and dispose of the carpets and underlay. • Replace with new carpet and underlay as unable to treat to a suitable standard to remove offensive smell and staining.
The landlord provided confirmation that the insurance excesses would exceed the amount claimed for the carpet replacement.
The landlord said the carpet was new at the start of the tenancy, as this was a new build, so it was approximately 18 months old when replaced. IR265 general depreciation rates provides that carpet has an estimated useful lifespan of 8 years.
In this case the carpet was new at the commencement of the tenancy, I will award 7/8 of the amount claimed to reflect betterment and depreciation. The amount ordered is $2,616.26 Bond
The bond is to be paid to the landlord immediately to offset the amount’s ordered. Filing Fee
Because the landlord has been partly successful in their claim, I have ordered that the tenant reimburse the filing fee of $28. 12 Suppression
The landlord did not seek name suppression.

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 5470157 — net $3,623.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 March 2026	$2,074.29	Rent arrears to 5 March 2026
Cleaning	$159.56	Cleaning
Repairs: walls and rubbish removal	$425.50	Repairs: walls and rubbish removal
Carpet Cleaning	$960.25	Carpet Cleaning
Carpet replacement	$2,616.26	Carpet replacement
Filing fee reimbursement	$28.00	sful in their claim, I have ordered that the tenant reimburse the filing fee of $28. 12 Suppression
Net award	$3,623.86
Total payable by Tenant to Landlord	$3,623.86

Claims and awards for application 5470157 — net $3,623.86 NZD. Verify on MoJ.

Rent arrears to 5 March 2026

Amount: $2,074.29
Awarded to: Landlord
Reason: Rent arrears to 5 March 2026

Cleaning

Amount: $159.56
Awarded to: Landlord
Reason: Cleaning

Repairs: walls and rubbish removal

Amount: $425.50
Awarded to: Landlord
Reason: Repairs: walls and rubbish removal

Carpet Cleaning

Amount: $960.25
Awarded to: Landlord
Reason: Carpet Cleaning

Carpet replacement

Amount: $2,616.26
Awarded to: Landlord
Reason: Carpet replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

[The tenant/s] tenant/s] must pay Glasshouse Property Management Limited As Agent For The Home Bakery Ltd $3,623.86 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,640.00 (BN-00019909) to Glasshouse Property Management Limited As Agent For The Home Bakery Ltd immediately.
The balance of the claim is dismissed.

Reasons

The landlord attended the hearing. The tenant did not connect to the MS Teams link provided to them and nor did they connect via telephone as instructed in the Notice of Hearing sent to them. The tenant was phoned on the phone number provided; however, the phone call went to voice mail. The hearing proceeded in their absence.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.
The application for a disposal order was withdrawn.
The tenant did not attend the hearing for health reasons. On the morning of the hearing the tenant filed a significant amount of evidence, which was discussed and considered by the landlord and myself at the hearing. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden. As noted by the District Court in Kaipo v Clarke & McCarthy 1 , in practical terms this means that: ... “[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.”
In deciding any particular claim, I must consider all the evidence presented (including oral evidence during the hearing). I must weigh this evidence to decide what is more likely. The Law: obligations at the end of the tenancy 1 Kaipo v Clarke & McCarthy (DC) TT233/02.
At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 2 The Law – Damage
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 3
Where a landlord is claiming compensation for damage 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. 4
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. 5
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). 6 Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). 7 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 8
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 or caused by a pet being kept on the premises. This applies to anything the tenant does and anything done by a person they are responsible for. 9 Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. 10 2 RTA, 40(1)(e). 3 RTA, s 40 (2)(a). 4 RTA s 40(2)(a), 41, 49B. 5 See Taylor v Webb [1937] 2KB 283 (CA). 6 RTA s 49B(3)(a). 7 RTA, s 49B(3)(b). 8 RTA s 49B(3A)(a). 9 RTA s 49B(1). 10 See Guo v Korck [2019] NZHC 1541.
In assessing a claim for compensation, I must take into account 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 depreciation, I must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. The claims

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 11 The tenancy ended on 5 March 2026 (the vacate date) The landlord provided rent records which prove the amount owing at the end of the tenancy was $2,074.29 and this is ordered accordingly.

Is the tenant liable for general cleaning and rubbish removal costs?

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The amount ordered for general cleaning is $159.56. The amount ordered is proved with entry and exit inspection reports, oral evidence and an invoice. The rubbish removal is included in the wall repair claim below.

Is the tenant responsible for the damaged walls?

The walls were damaged with holes and poor repairs throughout the premises during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved with entry and exit inspection reports, oral evidence and an invoice. The invoice for the wall repairs included rubbish removal. The amount ordered for these matters is $425.50.

Is the tenant liable for carpet cleaning costs?

The carpet required cleaning as there were numerous pen and pet urine marks throughout the home . The amount ordered for carpet cleaning is $960.25. The amount ordered is proved with entry and exit inspection reports, oral evidence and an invoice.

Is the tenant liable for carpet replacement costs?

The landlord claims $2,990 for replacing the carpet in the dining and living room. The carpet was replaced with like for like carpet from the original carpet installer.
The landlord provided a carpet cleaners assessment which said: 11 RTA, 40 (1)(a). • Based on the extent of the urine present in the lounge/dining room, the carpet and underlay is not able to be treated and was lifted/disposed of. • Upon repeated return visits to treat the urine/stains the end result is to uplift and dispose of the carpets and underlay. • Replace with new carpet and underlay as unable to treat to a suitable standard to remove offensive smell and staining.
The landlord provided confirmation that the insurance excesses would exceed the amount claimed for the carpet replacement.
The landlord said the carpet was new at the start of the tenancy, as this was a new build, so it was approximately 18 months old when replaced. IR265 general depreciation rates provides that carpet has an estimated useful lifespan of 8 years.
In this case the carpet was new at the commencement of the tenancy, I will award 7/8 of the amount claimed to reflect betterment and depreciation. The amount ordered is $2,616.26 Bond
The bond is to be paid to the landlord immediately to offset the amount’s ordered. Filing Fee
Because the landlord has been partly successful in their claim, I have ordered that the tenant reimburse the filing fee of $28. 12 Suppression
The landlord did not seek name suppression.

Tenancy Tribunal case 5470157 — Property damage at Unit/Flat 9, 48 Wellington Street, Hamilton East, Hamilton

At a glance

Tenancy Tribunal case 5470157 — Property damage at Unit/Flat 9, 48 Wellington Street, Hamilton East, Hamilton

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant liable for general cleaning and rubbish removal costs?

Is the tenant responsible for the damaged walls?

Is the tenant liable for carpet cleaning costs?

Is the tenant liable for carpet replacement costs?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant liable for general cleaning and rubbish removal costs?

Is the tenant responsible for the damaged walls?

Is the tenant liable for carpet cleaning costs?

Is the tenant liable for carpet replacement costs?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.