What was the outcome of Tenancy Tribunal case 5228271?

The tribunal order states: Shanelle Lee Clark must pay Property Brokers West Coast Limited as Agent for

How much money was awarded in case 5228271?

Cleaning: $283.98 awarded to landlord; Property Damage: $3,250.00 awarded to landlord; Cleaning: $920.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,545.00 awarded to landlord; Rubbish Removal: $310.50 awarded to landlord; Rubbish Removal: $630.21 awarded to landlord; Property Damage: $650.00 awarded to landlord

What type of tenancy dispute was case 5228271?

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

Where can I read the official tribunal order for case 5228271?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12082716-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5228271?

The tribunal order states: Shanelle Lee Clark must pay Property Brokers West Coast Limited as Agent for

How much money was awarded in case 5228271?

Cleaning: $283.98 awarded to landlord; Property Damage: $3,250.00 awarded to landlord; Cleaning: $920.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,545.00 awarded to landlord; Rubbish Removal: $310.50 awarded to landlord; Rubbish Removal: $630.21 awarded to landlord; Property Damage: $650.00 awarded to landlord

What type of tenancy dispute was case 5228271?

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

Where can I read the official tribunal order for case 5228271?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12082716-Tenancy_Tribunal_Order.pdf.

42 Disraeli Street, Westport 7825 Tenancy Tribunal Case 5228271 — Property damage

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42 Disraeli Street, Westport 7825 Tenancy Tribunal Case 5228271 — 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 5228271 — net $5,976.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 April 2025	$1,545.00	Rent arrears to 3 April 2025
Window repairs: Insurance excess	$650.00	Window repairs: Insurance excess
Outdoor work and rubbish removal	$310.50	Outdoor work and rubbish removal
Carpet Cleaning	$283.98	Carpet Cleaning
Rubbish removal	$630.21	Rubbish removal
Cleaning	$920.00	Cleaning
Carpet: Five Insurance Excesses	$3,250.00	Carpet: Five Insurance Excesses
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,976.69
Total payable by Tenant to Landlord	$5,976.69

Claims and awards for application 5228271 — net $5,976.69 NZD. Verify on MoJ.

Rent arrears to 3 April 2025

Amount: $1,545.00
Awarded to: Landlord
Reason: Rent arrears to 3 April 2025

Window repairs: Insurance excess

Amount: $650.00
Awarded to: Landlord
Reason: Window repairs: Insurance excess

Outdoor work and rubbish removal

Amount: $310.50
Awarded to: Landlord
Reason: Outdoor work and rubbish removal

Carpet Cleaning

Amount: $283.98
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $630.21
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Property damage Cleanliness Filing Fee Rent arrears Rubbish Removal

Order

Shanelle Lee Clark must pay Property Brokers West Coast Limited as Agent for GW and CE Beale $5,976.69 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,640.00 (5111582-004) to Property Brokers West Coast Limited as Agent for GW and CE Beale immediately.

Reasons

The hearing was conducted by telephone. Only the landlords’ representative attended the hearing. Calls to the tenant at the time of the hearing went to voicemail.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy ended on 3 April 2025. The landlord provided rent records to prove the amount owing at the end of the tenancy as awarded. The Tenant’s other Obligations
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.
The tenant must not carelessly or intentionally damage 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.
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).
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.
The Tribunal must consider betterment where appropriate. 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, the Tribunal considers the age and condition of the damaged items at the start of the tenancy and their likely useful lifespan. Claims and Awards
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant had pets in the premises and the carpets were stained and contaminated with urine and there was excrement on the carpet and elsewhere.
The landlord had the carpet professionally cleaned but it did not remove the odour from the carpet or the stains.
There was a considerable amount of cleaning needed, well above the average for premises that have not been left reasonably clean.
There was one invoice for the cleaning, carpet cleaning and rubbish removal and I have broken it down and awarded compensation for each.
I have reduced the cleaning component from $1,271.67 to $920. Whilst I accept that the cleaning was challenging in some respects, I find that there was an element of inter tenancy cleaning in the cost. For example, tenants are not normally liable for cleaning the exterior of the dwelling, including the windows.
Glass in the Ranch Slider door was broken during the tenancy. The cost of repair was $966.59, and I have awarded the landlord’s insurance excess because the damage was careless.
The carpet throughout the house had to be replaced due to the damage to it from pet excreta and other staining. The cost was $5,731.10 and the landlords claimed five insurance excesses being the lounge/dining area, hallway and three bedrooms.
I have considered betterment. It is unclear how old the carpet was. Carpet in the lounge dining area appeared dated but was still in good condition. Carpet elsewhere in the premises was more modern. Given that the lounge/dining area was considerably larger than the other areas, and that only one excess has been claimed for it, I find that even after allowing for the age of the carpet, the loss exceeds the excesses and so no allowance for betterment is required.
The amounts ordered were proved by the production of photographs and invoices and by evidence given by the landlords’ representative.
The landlords have succeeded, and so I have awarded the filing fee.

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 5228271 — net $5,976.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 April 2025	$1,545.00	Rent arrears to 3 April 2025
Window repairs: Insurance excess	$650.00	Window repairs: Insurance excess
Outdoor work and rubbish removal	$310.50	Outdoor work and rubbish removal
Carpet Cleaning	$283.98	Carpet Cleaning
Rubbish removal	$630.21	Rubbish removal
Cleaning	$920.00	Cleaning
Carpet: Five Insurance Excesses	$3,250.00	Carpet: Five Insurance Excesses
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,976.69
Total payable by Tenant to Landlord	$5,976.69

Claims and awards for application 5228271 — net $5,976.69 NZD. Verify on MoJ.

Rent arrears to 3 April 2025

Amount: $1,545.00
Awarded to: Landlord
Reason: Rent arrears to 3 April 2025

Window repairs: Insurance excess

Amount: $650.00
Awarded to: Landlord
Reason: Window repairs: Insurance excess

Outdoor work and rubbish removal

Amount: $310.50
Awarded to: Landlord
Reason: Outdoor work and rubbish removal

Carpet Cleaning

Amount: $283.98
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $630.21
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Property damage Cleanliness Filing Fee Rent arrears Rubbish Removal

Order

Shanelle Lee Clark must pay Property Brokers West Coast Limited as Agent for GW and CE Beale $5,976.69 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,640.00 (5111582-004) to Property Brokers West Coast Limited as Agent for GW and CE Beale immediately.

Reasons

The hearing was conducted by telephone. Only the landlords’ representative attended the hearing. Calls to the tenant at the time of the hearing went to voicemail.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy ended on 3 April 2025. The landlord provided rent records to prove the amount owing at the end of the tenancy as awarded. The Tenant’s other Obligations
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.
The tenant must not carelessly or intentionally damage 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.
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).
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.
The Tribunal must consider betterment where appropriate. 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, the Tribunal considers the age and condition of the damaged items at the start of the tenancy and their likely useful lifespan. Claims and Awards
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant had pets in the premises and the carpets were stained and contaminated with urine and there was excrement on the carpet and elsewhere.
The landlord had the carpet professionally cleaned but it did not remove the odour from the carpet or the stains.
There was a considerable amount of cleaning needed, well above the average for premises that have not been left reasonably clean.
There was one invoice for the cleaning, carpet cleaning and rubbish removal and I have broken it down and awarded compensation for each.
I have reduced the cleaning component from $1,271.67 to $920. Whilst I accept that the cleaning was challenging in some respects, I find that there was an element of inter tenancy cleaning in the cost. For example, tenants are not normally liable for cleaning the exterior of the dwelling, including the windows.
Glass in the Ranch Slider door was broken during the tenancy. The cost of repair was $966.59, and I have awarded the landlord’s insurance excess because the damage was careless.
The carpet throughout the house had to be replaced due to the damage to it from pet excreta and other staining. The cost was $5,731.10 and the landlords claimed five insurance excesses being the lounge/dining area, hallway and three bedrooms.
I have considered betterment. It is unclear how old the carpet was. Carpet in the lounge dining area appeared dated but was still in good condition. Carpet elsewhere in the premises was more modern. Given that the lounge/dining area was considerably larger than the other areas, and that only one excess has been claimed for it, I find that even after allowing for the age of the carpet, the loss exceeds the excesses and so no allowance for betterment is required.
The amounts ordered were proved by the production of photographs and invoices and by evidence given by the landlords’ representative.
The landlords have succeeded, and so I have awarded the filing fee.

Tenancy Tribunal case 5228271 — Property damage at 42 Disraeli Street, Westport 7825

At a glance

Tenancy Tribunal case 5228271 — Property damage at 42 Disraeli Street, Westport 7825

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions