What was the outcome of Tenancy Tribunal case 5027470?

The tribunal order states: The Rental Bureau Limited must pay Lile Oneone $203.35 immediately,

How much money was awarded in case 5027470?

Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,525.00 awarded to landlord; Property Damage: $630.00 awarded to landlord; Removal Of Rubbish, Garden Maintenan…: $304.75 awarded to landlord; Rent Credit: $870.10 awarded to tenant

What type of tenancy dispute was case 5027470?

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

Where can I read the official tribunal order for case 5027470?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11673891-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5027470?

The tribunal order states: The Rental Bureau Limited must pay Lile Oneone $203.35 immediately,

How much money was awarded in case 5027470?

Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,525.00 awarded to landlord; Property Damage: $630.00 awarded to landlord; Removal Of Rubbish, Garden Maintenan…: $304.75 awarded to landlord; Rent Credit: $870.10 awarded to tenant

What type of tenancy dispute was case 5027470?

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

Where can I read the official tribunal order for case 5027470?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11673891-Tenancy_Tribunal_Order.pdf.

53A Brandon Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 5027470 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5027470 — net $203.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Removal of rubbish, garden maintenance etc	$304.75		Removal of rubbish, garden maintenance etc
Cleaning	$500.00		6. The landlord claims costs for removing rubbish from the shed roof and garden, weeding, and replacing a bedroom lightbulb.
Minor repairs and exterior maintenance	$1,525.00		Minor repairs and exterior maintenance
Carpet replacement	$630.00		Carpet replacement
Filing fee reimbursement	$27.00		Filing fee reimbursement
Less bond held		$2,320.00	Less bond held
Rent credit		$870.10	Rent credit
Total award	$2,986.75	$3,190.10
Net award		$203.35
Total payable by Landlord to Tenant		$203.35

The hearing was held by teleconference on 26 March 2025. The landlord attended the hearing. The Tribunal attempted to contact the tenant using the contact number provided but was unable to reach them. I was satisfied that the tenant had been properly notified of the hearing and deemed it reasonable to proceed in the tenant’s absence.

The landlord seeks compensation for cleaning, removal of rubbish, minor repairs, and carpet replacement. The landlord has provided supporting invoices, a final inspection report, and photographic evidence in support of the claims.

Did the tenant 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 (“RTA”). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. 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 RTA allows a landlord to seek compensation for any breach of the tenancy agreement or the RTA that results in damage or cost, including those arising from a failure to meet end-of-tenancy obligations. However, compensation must be assessed fairly, taking into account depreciation, betterment, and the landlord’s obligations for maintenance and wear and tear as per established principles. Removal of Rubbish and Garden Maintenance - $304.75

The landlord claims costs for removing rubbish from the shed roof and garden, weeding, and replacing a bedroom lightbulb. Photographs provided show an accumulation of waste and overgrown garden areas, which would not meet the threshold of “reasonably clean and tidy.” I am satisfied that the work done was necessary and a result of the tenant’s failure to meet their obligations. This claim is proven in full. Cleaning - $500.00

5The landlord’s evidence includes a detailed cleaning invoice, inspection report, and photos showing the property was not left in a clean and tidy condition. Required cleaning included windows, carpets (stained), kitchen and bathroom areas, and the studio/sleepout. The tenant had an obligation to leave the premises reasonably clean and tidy. I find this claim is reasonable and proportionate to the work completed. This claim is proven in full. Minor Repairs and Exterior Maintenance - $1725.00 (Claimed), Allowed $1525.00

The landlord’s invoice included a variety of tasks: tightening and replacing fittings, grout cleaning, and waterblasting. While many of the items can be attributed to the tenant’s lack of care, some elements such as waterblasting paths and replacing silicone fall within the scope of general property maintenance for which the landlord is responsible. I deduct $200 from the total for those items and award $1525.00. Carpet Replacement - $1260.00 (Claimed), Allowed $630.00

The landlord seeks compensation for replacing carpet in two bedrooms due to staining. The carpet was not stained at the beginning of the tenancy (2019) but was heavily stained at the end. Photos provided support this. The landlord’s insurance required a $1000 excess per event, and the cost fell below or within the excess threshold. In assessing this claim, I have taken into account depreciation and the age of the carpet. Carpet is typically expected to last around 10 years; assuming the carpet was halfway through its life, I allow 50% of the claimed cost. Accordingly, $630.00 is awarded. Other matters

The landlord advised that it had already received the bond of $2,320.00.

The landlord also acknowledged a rent credit of $870.10, and it is reasonable that it be applied against the remaining balance. Application Filing Fee

The landlord has been mostly successful in their claim. In accordance with section 102(4) of the RTA, I award the application fee of $27.00.

Claims and awards in Tenancy Tribunal application 5027470 — net $203.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Removal of rubbish, garden maintenance etc	$304.75		Removal of rubbish, garden maintenance etc
Cleaning	$500.00		6. The landlord claims costs for removing rubbish from the shed roof and garden, weeding, and replacing a bedroom lightbulb.
Minor repairs and exterior maintenance	$1,525.00		Minor repairs and exterior maintenance
Carpet replacement	$630.00		Carpet replacement
Filing fee reimbursement	$27.00		Filing fee reimbursement
Less bond held		$2,320.00	Less bond held
Rent credit		$870.10	Rent credit
Total award	$2,986.75	$3,190.10
Net award		$203.35
Total payable by Landlord to Tenant		$203.35

Order

The Rental Bureau Limited must pay Lile Oneone $203.35 immediately, calculated as shown in the table below.

Reasons

The hearing was held by teleconference on 26 March 2025. The landlord attended the hearing. The Tribunal attempted to contact the tenant using the contact number provided but was unable to reach them. I was satisfied that the tenant had been properly notified of the hearing and deemed it reasonable to proceed in the tenant’s absence.
The landlord seeks compensation for cleaning, removal of rubbish, minor repairs, and carpet replacement. The landlord has provided supporting invoices, a final inspection report, and photographic evidence in support of the claims.

Did the tenant 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 (“RTA”). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. 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 RTA allows a landlord to seek compensation for any breach of the tenancy agreement or the RTA that results in damage or cost, including those arising from a failure to meet end-of-tenancy obligations. However, compensation must be assessed fairly, taking into account depreciation, betterment, and the landlord’s obligations for maintenance and wear and tear as per established principles. Removal of Rubbish and Garden Maintenance - $304.75
The landlord claims costs for removing rubbish from the shed roof and garden, weeding, and replacing a bedroom lightbulb. Photographs provided show an accumulation of waste and overgrown garden areas, which would not meet the threshold of “reasonably clean and tidy.” I am satisfied that the work done was necessary and a result of the tenant’s failure to meet their obligations. This claim is proven in full. Cleaning - $500.00
5The landlord’s evidence includes a detailed cleaning invoice, inspection report, and photos showing the property was not left in a clean and tidy condition. Required cleaning included windows, carpets (stained), kitchen and bathroom areas, and the studio/sleepout. The tenant had an obligation to leave the premises reasonably clean and tidy. I find this claim is reasonable and proportionate to the work completed. This claim is proven in full. Minor Repairs and Exterior Maintenance - $1725.00 (Claimed), Allowed $1525.00
The landlord’s invoice included a variety of tasks: tightening and replacing fittings, grout cleaning, and waterblasting. While many of the items can be attributed to the tenant’s lack of care, some elements such as waterblasting paths and replacing silicone fall within the scope of general property maintenance for which the landlord is responsible. I deduct $200 from the total for those items and award $1525.00. Carpet Replacement - $1260.00 (Claimed), Allowed $630.00
The landlord seeks compensation for replacing carpet in two bedrooms due to staining. The carpet was not stained at the beginning of the tenancy (2019) but was heavily stained at the end. Photos provided support this. The landlord’s insurance required a $1000 excess per event, and the cost fell below or within the excess threshold. In assessing this claim, I have taken into account depreciation and the age of the carpet. Carpet is typically expected to last around 10 years; assuming the carpet was halfway through its life, I allow 50% of the claimed cost. Accordingly, $630.00 is awarded. Other matters
The landlord advised that it had already received the bond of $2,320.00.
The landlord also acknowledged a rent credit of $870.10, and it is reasonable that it be applied against the remaining balance. Application Filing Fee
The landlord has been mostly successful in their claim. In accordance with section 102(4) of the RTA, I award the application fee of $27.00.

Tenancy Tribunal case 5027470 — Property damage at 53A Brandon Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 5027470 — Property damage at 53A Brandon Road, Glen Eden, Auckland 0602

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions