Tenantcheck Insights · Case study
Tenancy Tribunal case 5315414 — Property damage at 7 Western Street, Matamata, Matamata 3400
Published 5 March 2026 · Application 5315414
Landlord favoured
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Matamata
Tribunal region
Adjudicator
R Harvey-Lane
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $2,252.56
- Bond payment as ordered
- −$692.00
- Total balance for Tenant to pay Landlord
- $1,560.56
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Carpet cleaning | $649.06 | Carpet cleaning | |
| Replace furnishings: Carpet (insurance excess | $690.00 | Replace furnishings: Carpet (insurance excess | |
| Rubbish removal | $172.50 | Rubbish removal | |
| Repairs | $713.00 | Repairs | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,560.56 | ||
| Total payable by Tenant to Landlord | $1,560.56 |
Claims and awards for application 5315414 — net $1,560.56 NZD. Verify on MoJ.
Carpet cleaning
- Amount
- $649.06
- Awarded to
- Landlord
- Reason
- Carpet cleaning
Replace furnishings: Carpet (insurance excess
- Amount
- $690.00
- Awarded to
- Landlord
- Reason
- Replace furnishings: Carpet (insurance excess
Rubbish removal
- Amount
- $172.50
- Awarded to
- Landlord
- Reason
- Rubbish removal
Repairs
- Amount
- $713.00
- Awarded to
- Landlord
- Reason
- Repairs
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,560.56
Total payable by Tenant to Landlord
Landlord $1,560.56
Claim types — money lines allowed on this order
Order
- Rosemary Jones must pay Linkpeople Limited $1,560.56 immediately, as calculated in the table below:
- The Bond Centre is to pay the bond of $692.00 (3291187-003) to Linkpeople Limited immediately.
Reasons
- The landlord attended the hearing. The tenant did not attend and did not respond despite being telephoned several times on the number ending in 466 and the hearing proceeding in their absence. I note there have already been two adjournments on this file.
- The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
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 (RTA).
- The landlord claims that at the end of the tenancy, they were required to dispose of rubbish left at the property at the invoiced cost of $172.50. The landlord claims also for the cost of carpet cleaning in the lounge and in two of the bedrooms due to staining throughout these rooms, at a cost of $649.06. Photographs, an outgoing inspection report and evidence of the costs have been provided.
- On review of the evidence, I consider that the tenant did not leave carpet reasonably clean and did not remove all rubbish.
- 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 claims for damage caused during the tenancy, including damage to the carpet in the lounge, repairs to the curtains (missing hooks), three blinds that were missing, door repairs and rehanging and two cupboard handles. The landlord was able to obtain insurance for the carpet replacement and therefore only claims the excess of $690.00 for the carpet in the lounge and seeks $713.00 for the required repairs.
- Evidence has been provided, including ingoing and outgoing inspections, photographs and evidence of the costings. I note that further repairs were also carried out by the landlord, however, they are not claiming for these other items. Originally the application also included a claim for methamphetamine testing, however, at the hearing the landlord also advised that they were no longer seeking this amount.
- The following damage was caused during the tenancy: Lounge carpet staining, missing curtain hooks, missing blinds, cracked doors and missing cupboard door handles. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- Because Linkpeople Limited has substantially succeeded with the claim I have also reimbursed the filing fee. R Harvey-Lane 05 March 2026
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B, s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: cleaning
- Dispute theme: property damage
Property management
- LINKPEOPLE LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5315414?
The tribunal order states: Rosemary Jones must pay Linkpeople Limited $1,560.56 immediately, as
How much money was awarded in case 5315414?
Cleaning: $649.06 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $713.00 awarded to landlord; Property Damage: $690.00 awarded to landlord; Rubbish Removal: $172.50 awarded to landlord
What type of tenancy dispute was case 5315414?
The primary dispute was Property damage. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5315414?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13231565-Tribunal_Order.pdf.