What was Tenancy Tribunal case 5534337 about?

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

How much money was awarded in case 5534337?

Cleaning: $200.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $430.88 awarded to landlord; Rent Overpayment: $705.00 awarded to tenant; Property Damage: $240.00 awarded to landlord; Replace door stoppers in bedrooms 1,…: $29.00 awarded to landlord; Property Damage: $2,633.90 awarded to landlord; Replace Carpet In Bedrooms And Hallw…: $536.25 awarded to landlord; Water Rates: $1,259.98 awarded to landlord

What type of tenancy dispute was case 5534337?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5534337?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14191884-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5534337 about?

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

How much money was awarded in case 5534337?

Cleaning: $200.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $430.88 awarded to landlord; Rent Overpayment: $705.00 awarded to tenant; Property Damage: $240.00 awarded to landlord; Replace door stoppers in bedrooms 1,…: $29.00 awarded to landlord; Property Damage: $2,633.90 awarded to landlord; Replace Carpet In Bedrooms And Hallw…: $536.25 awarded to landlord; Water Rates: $1,259.98 awarded to landlord

What type of tenancy dispute was case 5534337?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5534337?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14191884-Tenancy_Tribunal_Order.pdf.

70 Rowandale Avenue, Manurewa, Auckland 2102 Tenancy Tribunal Case 5534337 — Property damage

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 5534337 — net $1,733.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates: March 2025 to May 2026 (based on a remediated	$1,259.98		Water rates: March 2025 to May 2026 (based on a remediated
Repairs: Wall damages	$2,633.90		Repairs: Wall damages
Replace carpet in bedrooms and hallway at 75 depreciation, based on estimated life expectancy of 8 years and the carpet	$536.25		Replace carpet in bedrooms and hallway at 75 depreciation, based on estimated life expectancy of 8 years and the carpet
Replace damaged curtains in lounge and bedroom 2	$430.88		Replace damaged curtains in lounge and bedroom 2
Cleaning: kitchen rangehood filters and bathroom ceilings	$200.00		Cleaning: kitchen rangehood filters and bathroom ceilings
Repairs: Dog damage to compound	$240.00		Repairs: Dog damage to compound
Repairs: Replace door stoppers in bedrooms 1, 2 and 3	$29.00		Repairs: Replace door stoppers in bedrooms 1, 2 and 3
Filing fee reimbursement	$28.00		Filing fee reimbursement
Rent overpayment to 13 May 2026		$705.00	Rent overpayment to 13 May 2026
Total award	$5,358.01	$705.00
Net award	$1,733.01
Total payable by Tenant to Landlord	$1,733.01

Claims and awards in Tenancy Tribunal application 5534337 — net $1,733.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Water rates: March 2025 to May 2026 (based on a remediated

$1,259.98

Water rates: March 2025 to May 2026 (based on a remediated

Repairs: Wall damages

$2,633.90

Repairs: Wall damages

Replace carpet in bedrooms and hallway at 75 depreciation, based on estimated life expectancy of 8 years and the carpet

$536.25

Replace carpet in bedrooms and hallway at 75 depreciation, based on estimated life expectancy of 8 years and the carpet

Replace damaged curtains in lounge and bedroom 2

$430.88

Replace damaged curtains in lounge and bedroom 2

Cleaning: kitchen rangehood filters and bathroom ceilings

$200.00

Cleaning: kitchen rangehood filters and bathroom ceilings

Repairs: Dog damage to compound

$240.00

Repairs: Dog damage to compound

Repairs: Replace door stoppers in bedrooms 1, 2 and 3

$29.00

Repairs: Replace door stoppers in bedrooms 1, 2 and 3

Filing fee reimbursement

$28.00

Filing fee reimbursement

Rent overpayment to 13 May 2026

$705.00

Rent overpayment to 13 May 2026

Total award

$5,358.01

$705.00

Net award

$1,733.01

Total payable by Tenant to Landlord

$1,733.01

Reasons

Both parties attended the hearing. Ms Swarsha Rani Appeared for the landlord.

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 and water rates?

The tenancy ended on 13 May 2026.

The landlord provided rent records which prove the tenant was in credit in his rent account by $705.00 at the end of the tenancy.

The landlord provided water rates invoices and water records that showed the tenant’s water consumption was much higher in the first 8-month period than in the second 8-month period for the 16-month period the claim related to.

The tenant gave evidence that there was a water leak under the floor of the shower that was located and remediated around 18 October 2025. At the same time an overflowing hot water cylinder was identified and fixed. It was after this date that the tenant’s water bills reduced to an average of $78.75 per month (for the period November 2025 to May 2026). The landlord confirmed it applied for a water rebate from Watercare but could not tell me when or the outcome. I have calculated the tenant’s water liability at an average of $78.75 per month for the 18-month period March 2025 to May 2026. This calculation results in a total amount of water rates owing of $1,259.98.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The landlord claims the tenant did not leave the premises reasonably clean and tidy because the oven, bathroom ceilings and kitchen rangehood extractor vents required cleaning.

The tenant proved the oven was not in a reasonably clean and tidy state at the start of the tenancy, therefore this claim is dismissed.

The tenant did not disprove liability for the dirty rangehood vents or the bathroom ceilings.

The amounts ordered are proved.

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. See sections 40(2)(a), 41 and 49B RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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.

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). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

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) RTA.

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. See Guo v Korck [2019] NZHC 1541.

The landlord states the following damage was caused during the tenancy and was the result of the careless acts or omissions of the tenant, or persons in the premise with the tenant’s consent, and not fair wear and tear: a. Dents and holes in the walls throughout the house; b. Paint and other stains on the carpets in the bedrooms and hallway; c. Missing curtains from bedroom 2 and damaged vertical blinds in the lounge; d. Dog damage to the compound; e. Door stoppers missing from or broken in all three bedrooms; and f. Timber of side of stairs to living room damaged.

The landlord produced entry and exit inspection photographs that prove all the damages, except the wood stairs to the lounge. This damage looks like rotten particle board that has come away from being rotten and then fair wear and tear. The tenant proved he had raised this rot with the landlord during the tenancy and nothing was done to investigate or remediate the issue, so it got worse. This stair damage is considered fair wear and tear or failure of the landlord to maintain the stairs. The tenant has disproved liability for the stair damage.

The amounts ordered are proved.

I have considered 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 for the carpet claim, I have considered the age and condition of the carpet at the start of the tenancy (5.5 to 6 years old) and its likely useful lifespan according to the Inland Revenue Department’s IR265 depreciation schedule (8 years). I have depreciated the carpet claim by 75% (6 divided by 8 =75%). Reimbursement of filing fee

Because Kaso Property Management Limited As Agent For Ashwant Hardeo has substantially succeeded with the claim I have reimbursed the filing fee.

Kaso Property Management Limited As Agent For Ashwant Hardeo sought reimbursement for the filing fee for a prior matter. It did not give me the matter number but confirmed that it had nothing to do with this claim, so the claim for a second filing fee was dismissed.

Claims and awards in Tenancy Tribunal application 5534337 — net $1,733.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates: March 2025 to May 2026 (based on a remediated	$1,259.98		Water rates: March 2025 to May 2026 (based on a remediated
Repairs: Wall damages	$2,633.90		Repairs: Wall damages
Replace carpet in bedrooms and hallway at 75 depreciation, based on estimated life expectancy of 8 years and the carpet	$536.25		Replace carpet in bedrooms and hallway at 75 depreciation, based on estimated life expectancy of 8 years and the carpet
Replace damaged curtains in lounge and bedroom 2	$430.88		Replace damaged curtains in lounge and bedroom 2
Cleaning: kitchen rangehood filters and bathroom ceilings	$200.00		Cleaning: kitchen rangehood filters and bathroom ceilings
Repairs: Dog damage to compound	$240.00		Repairs: Dog damage to compound
Repairs: Replace door stoppers in bedrooms 1, 2 and 3	$29.00		Repairs: Replace door stoppers in bedrooms 1, 2 and 3
Filing fee reimbursement	$28.00		Filing fee reimbursement
Rent overpayment to 13 May 2026		$705.00	Rent overpayment to 13 May 2026
Total award	$5,358.01	$705.00
Net award	$1,733.01
Total payable by Tenant to Landlord	$1,733.01

Claims and awards in Tenancy Tribunal application 5534337 — net $1,733.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Water rates: March 2025 to May 2026 (based on a remediated

$1,259.98

Water rates: March 2025 to May 2026 (based on a remediated

Repairs: Wall damages

$2,633.90

Repairs: Wall damages

Replace carpet in bedrooms and hallway at 75 depreciation, based on estimated life expectancy of 8 years and the carpet

$536.25

Replace carpet in bedrooms and hallway at 75 depreciation, based on estimated life expectancy of 8 years and the carpet

Replace damaged curtains in lounge and bedroom 2

$430.88

Replace damaged curtains in lounge and bedroom 2

Cleaning: kitchen rangehood filters and bathroom ceilings

$200.00

Cleaning: kitchen rangehood filters and bathroom ceilings

Repairs: Dog damage to compound

$240.00

Repairs: Dog damage to compound

Repairs: Replace door stoppers in bedrooms 1, 2 and 3

$29.00

Repairs: Replace door stoppers in bedrooms 1, 2 and 3

Filing fee reimbursement

$28.00

Filing fee reimbursement

Rent overpayment to 13 May 2026

$705.00

Rent overpayment to 13 May 2026

Total award

$5,358.01

$705.00

Net award

$1,733.01

Total payable by Tenant to Landlord

$1,733.01

Reasons

Both parties attended the hearing. Ms Swarsha Rani Appeared for the landlord.

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 and water rates?

The tenancy ended on 13 May 2026.

The landlord provided rent records which prove the tenant was in credit in his rent account by $705.00 at the end of the tenancy.

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

The landlord claims the tenant did not leave the premises reasonably clean and tidy because the oven, bathroom ceilings and kitchen rangehood extractor vents required cleaning.

The tenant proved the oven was not in a reasonably clean and tidy state at the start of the tenancy, therefore this claim is dismissed.

The tenant did not disprove liability for the dirty rangehood vents or the bathroom ceilings.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

Because Kaso Property Management Limited As Agent For Ashwant Hardeo has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5534337 — Property damage at 70 Rowandale Avenue, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5534337 — Property damage at 70 Rowandale Avenue, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Is the tenant responsible for the damage to the premises?

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 and water rates?

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.