What was the outcome of Tenancy Tribunal case 5007297?

The tribunal order states: Vivien Nelson and Daniel McGarviy must pay Nathan Cash and Mikaela Grace

How much money was awarded in case 5007297?

Cleaning: $196.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Labour: $2,566.99 awarded to landlord; Paint: $100.00 awarded to landlord; Previous Order Application 5007297 D…: $1,889.29 awarded to landlord; Property Damage: $369.00 awarded to landlord; Property Damage: $2,200.00 awarded to landlord; Replace Recycling Bin: $48.00 awarded to landlord; Replace Stove: $300.00 awarded to landlord; Tip Costs: $173.84 awarded to landlord

What type of tenancy dispute was case 5007297?

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

Where can I read the official tribunal order for case 5007297?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11666808-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5007297?

The tribunal order states: Vivien Nelson and Daniel McGarviy must pay Nathan Cash and Mikaela Grace

How much money was awarded in case 5007297?

Cleaning: $196.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Labour: $2,566.99 awarded to landlord; Paint: $100.00 awarded to landlord; Previous Order Application 5007297 D…: $1,889.29 awarded to landlord; Property Damage: $369.00 awarded to landlord; Property Damage: $2,200.00 awarded to landlord; Replace Recycling Bin: $48.00 awarded to landlord; Replace Stove: $300.00 awarded to landlord; Tip Costs: $173.84 awarded to landlord

What type of tenancy dispute was case 5007297?

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

Where can I read the official tribunal order for case 5007297?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11666808-Tenancy_Tribunal_Order.pdf.

801A Maraekakaho Road, Camberley, Hastings 4120 Tenancy Tribunal Case 5007297 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5007297 — net $7,870.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5007297 dated 23/01/2025	$1,889.29	Previous order application 5007297 dated 23/01/2025
Tip costs	$173.84	Tip costs
General repairs and maintenance	$369.00	General repairs and maintenance
Replace stove	$300.00	Replace stove
Carpet cleaning	$196.00	Carpet cleaning
Paint	$100.00	Paint
Replace recycling bin	$48.00	Replace recycling bin
Labour	$2,566.99	Labour
Carpet replacement - insurance excess	$2,200.00	Carpet replacement - insurance excess
Filing fee reimbursement	$27.00	cessful in their claim, I also order the tenants to reimburse the filing fee of $27.00 in accordance with section 102 RTA. J Setefano 02 April 2025 ___________…
Net award	$7,870.12
Total payable by Tenant to Landlord	$7,870.12

This is a reconvened hearing held by teleconference to consider the landlord’s claims for compensation following the end of the tenancy. The landlord attended the hearing. However, the Tribunal was unable to contact the tenants on the contact numbers provided in the application. I was satisfied that adequate service of the hearing notice had been completed and deemed it reasonable to proceed with the hearing in the tenants’ absence.

The amount sought by the landlord is $3,753.83, excluding an insurance excess amount of $2,200 relating to carpet replacement. There is also an earlier Tribunal order dated 23 January 2025, in the amount of $1,889.29, be incorporated into this decision.

Did the tenants comply with their obligations?

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.

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.

The landlord has provided evidence in the form of photographs and receipts which clearly document the condition of the premises at the end of the tenancy. The photographs show that the property was left in a poor condition, with extensive cleaning required in all rooms and on all surfaces in order to return the premises to a reasonably clean and tidy standard.

In addition to cleaning costs, the landlord has claimed for a range of damage to the property. The evidence supports that a glass pane was missing from the garage, there was a broken kitchen drawer, and multiple internal walls and doors had holes, marks, and other damage. The oven door was broken, one of the smoke alarms was missing, the carpet had significant staining that could not be removed through professional cleaning, and garage windows had been spray painted. Furthermore, the wardrobe door was detached, the garage door could not be opened, and the tenants failed to return all the keys at the end of the tenancy.

On the basis of the evidence presented, I am satisfied that the premises were not left in a reasonably clean and tidy condition, and that the tenants failed to remove a significant volume of rubbish and personal items. I also find that the damage identified is more than fair wear and tear and was likely caused carelessly or intentionally during the tenancy.

The damage to the carpet was extensive and could not be rectified by cleaning. The landlord has provided evidence that the total cost of carpet replacement exceeded the insurance excess amount, and I accept that the landlord has incurred the $2,200 excess. It is appropriate to award this amount as part of the landlord’s loss.

I find that the landlord has established the full claim for compensation in the amount of $3,753.83. I also incorporate the earlier Tribunal order dated 23 January 2025 for $1,889.29.

I have taken 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. Given the carpet was new at the start of the tenancy, I do not consider depreciation applies here.

As the landlord has been wholly successful in their claim, I also order the tenants to reimburse the filing fee of $27.00 in accordance with section 102 RTA.

Claims and awards in Tenancy Tribunal application 5007297 — net $7,870.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5007297 dated 23/01/2025	$1,889.29	Previous order application 5007297 dated 23/01/2025
Tip costs	$173.84	Tip costs
General repairs and maintenance	$369.00	General repairs and maintenance
Replace stove	$300.00	Replace stove
Carpet cleaning	$196.00	Carpet cleaning
Paint	$100.00	Paint
Replace recycling bin	$48.00	Replace recycling bin
Labour	$2,566.99	Labour
Carpet replacement - insurance excess	$2,200.00	Carpet replacement - insurance excess
Filing fee reimbursement	$27.00	cessful in their claim, I also order the tenants to reimburse the filing fee of $27.00 in accordance with section 102 RTA. J Setefano 02 April 2025 ___________…
Net award	$7,870.12
Total payable by Tenant to Landlord	$7,870.12

Order

Vivien Nelson and Daniel McGarviy must pay Nathan Cash and Mikaela Grace Cash $7,870.12 immediately, calculated as shown in the table below.
This order incorporates the Tribunal order made on 23 January 2025 under application 5007297.

Reasons

This is a reconvened hearing held by teleconference to consider the landlord’s claims for compensation following the end of the tenancy. The landlord attended the hearing. However, the Tribunal was unable to contact the tenants on the contact numbers provided in the application. I was satisfied that adequate service of the hearing notice had been completed and deemed it reasonable to proceed with the hearing in the tenants’ absence.
The amount sought by the landlord is $3,753.83, excluding an insurance excess amount of $2,200 relating to carpet replacement. There is also an earlier Tribunal order dated 23 January 2025, in the amount of $1,889.29, be incorporated into this decision.

Did the tenants comply with their obligations?

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.
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.
The landlord has provided evidence in the form of photographs and receipts which clearly document the condition of the premises at the end of the tenancy. The photographs show that the property was left in a poor condition, with extensive cleaning required in all rooms and on all surfaces in order to return the premises to a reasonably clean and tidy standard.
In addition to cleaning costs, the landlord has claimed for a range of damage to the property. The evidence supports that a glass pane was missing from the garage, there was a broken kitchen drawer, and multiple internal walls and doors had holes, marks, and other damage. The oven door was broken, one of the smoke alarms was missing, the carpet had significant staining that could not be removed through professional cleaning, and garage windows had been spray painted. Furthermore, the wardrobe door was detached, the garage door could not be opened, and the tenants failed to return all the keys at the end of the tenancy.
On the basis of the evidence presented, I am satisfied that the premises were not left in a reasonably clean and tidy condition, and that the tenants failed to remove a significant volume of rubbish and personal items. I also find that the damage identified is more than fair wear and tear and was likely caused carelessly or intentionally during the tenancy.
The damage to the carpet was extensive and could not be rectified by cleaning. The landlord has provided evidence that the total cost of carpet replacement exceeded the insurance excess amount, and I accept that the landlord has incurred the $2,200 excess. It is appropriate to award this amount as part of the landlord’s loss.
I find that the landlord has established the full claim for compensation in the amount of $3,753.83. I also incorporate the earlier Tribunal order dated 23 January 2025 for $1,889.29.
I have taken 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. Given the carpet was new at the start of the tenancy, I do not consider depreciation applies here.
As the landlord has been wholly successful in their claim, I also order the tenants to reimburse the filing fee of $27.00 in accordance with section 102 RTA.

Tenancy Tribunal case 5007297 — Property damage at 801A Maraekakaho Road, Camberley, Hastings 4120

At a glance

Tenancy Tribunal case 5007297 — Property damage at 801A Maraekakaho Road, Camberley, Hastings 4120

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenants comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenants comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions