Tenantcheck Insights · Case study
Tenancy Tribunal case 5358361 — Property damage at 54 Muir Avenue, Mangere Bridge, Auckland 2022
Published 18 February 2026 · Application 5358361
Landlord favoured
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
M Edison
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,834.29
- Bond payment as ordered
- −$2,400.00
- Total balance for Tenant to pay Landlord
- $2,434.29
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent to 6 August 2025 | $925.00 | Rent to 6 August 2025 | |
| Water charges to end of tenancy | $580.79 | Water charges to end of tenancy | |
| Cleaning | $632.50 | Cleaning | |
| Rubbish removal | $138.00 | Rubbish removal | |
| Replacement carpet | $1,610.00 | Replacement carpet | |
| Repairs to walls | $920.00 | Repairs to walls | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $2,434.29 | ||
| Total payable by Tenant to Landlord | $2,434.29 |
Claims and awards for application 5358361 — net $2,434.29 NZD. Verify on MoJ.
Rent to 6 August 2025
- Amount
- $925.00
- Awarded to
- Landlord
- Reason
- Rent to 6 August 2025
Water charges to end of tenancy
- Amount
- $580.79
- Awarded to
- Landlord
- Reason
- Water charges to end of tenancy
Cleaning
- Amount
- $632.50
- Awarded to
- Landlord
- Reason
- Cleaning
Rubbish removal
- Amount
- $138.00
- Awarded to
- Landlord
- Reason
- Rubbish removal
Replacement carpet
- Amount
- $1,610.00
- Awarded to
- Landlord
- Reason
- Replacement carpet
Repairs to walls
- Amount
- $920.00
- Awarded to
- Landlord
- Reason
- Repairs to walls
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $2,434.29
Total payable by Tenant to Landlord
Landlord $2,434.29
Claim types — money lines allowed on this order
Order
- Maile Ngauamo and Sione Ngauamo must pay Nzpro Property Management Limited As Agent For Yang Xia $2,434.29 immediately, calculated as shown in the table below.
- The Bond Centre is to pay the bond of $2,400.00 (6007404-003) to Nzpro Property Management Limited As Agent For Yang Xia immediately.
Reasons
- Both parties attended the hearing yesterday, 17 February 2026.
- On 7 November 2025 the landlord applied to the Tribunal for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee.
- The tenancy started on 13 November 2021 and ended on 6 August 2025. Rent and Water
- The landlord provided rent records and water invoices which prove the amounts owing at the end of the tenancy ($925.00 for rent and $580.79 for water). The tenant did not provide any evidence to suggest that the rent and water summaries were wrong. Cleaning and Rubbish
- 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.
- The landlord said there was a need for cleaning in the kitchen, the bathroom, and to the walls and skirting, for example. The tenant accepted the cleaning charges claimed of $632.50.
- The landlord claimed rubbish removal costs of $138.00. The landlord referred to photographs of exterior rubbish at the end of the tenancy. The tenant said the rubbish was there when they moved in and explained that they were unable to use the garage for storage because it was full. The grounds look neat and tidy at the start of the tenancy, with no obvious rubbish. I award the rubbish removal costs claimed. Damage
- 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.
- Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent. In this case, there was no insurance, and based on a weekly rent of $665.00, liability is limited to $2,660.00 for each act or omission causing damage.
- The landlord claimed the cost of replacing carpet ($3,220.00) replacing curtains ($1,495.00) and repairing walls ($3,680.00). The landlord said that while there was carpet and wall damage at the start of the tenancy, there was further damage caused by the tenant.
- After reviewing both the ingoing and outgoing inspection reports, I am satisfied that there was additional staining to the carpets. The landlord said the main issue was with the smell from a pet dog. The tenant said they did not allow the dog in the house. I note that according to the tenancy agreement, the tenant was not allowed to have pets.
- I find that the carpet was damaged during the tenancy and had to be replaced. However, the carpet was at least 4 years old, and probably several years older at least. I award 50% of the amount claimed for carpet to make allowance for depreciation ($1,610.00).
- I also find that there was some additional damage to the walls, although it is difficult to assess. The patches to the lounge walls in the exit inspection report (photographs 41 and 42) appear to be the same damage in the ingoing report (photograph 882). There is damage in bedroom 2 (exit photographs 93-98) which I cannot identify in the entry inspection. There is a large wall patch in bedroom 3 (exit photograph 110) which is not shown in the entry pictures. The ingoing report does refer to “One big paint damage on the left wall. Another small minor damage to the left of the big mark.” This description is consistent with photograph 110 in the exit report.
- Performing a summary assessment after considering the evidence as discussed, I award 25% of the claimed amount for wall repairs, an award of $920.00.
- The landlord said the curtains were stained. The tenant said that the original curtains did not keep the house warm and so she replaced them with her own curtains. The original curtains were disposed of. The exit report shows curtains in the lounge, hallway, and bedrooms 1 and 3. They do not look to be in poor condition, although the report describes them as mouldy.
- I find it has not been established that the curtains needed replacing or that the landlord has suffered loss by reason of disposal of the original curtains and their replacement. The premises still have curtains.
- The landlord claimed $470.00 for damage to the window and door sills. I cannot see this damage in the landlord’s photographs. I dismiss this claim.
- The claims for damage to the kitchen and laundry floors, the kitchen bench and taps and wall painting, door stoppers, window latches, downpipe repair and repairs to the deck were withdrawn at the hearing. Other Matters
- The tenant spoke about not being able to use the garage and about maintenance issues with the deck and the stove. The tenant referred to work they had done to improve the premises without compensation from the landlord.
- Without an application from the tenant, it was not possible to address these issues properly and the landlord had no notice of them prior to the hearing. I make no findings. Filing Fee
- The landlord’s application has been partly successful. I exercise my discretion to award the filing fee to the landlord.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s1, s20, s41, s93
Key findings
- Dispute theme: cleaning
- Dispute theme: property damage
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5358361?
The tribunal order states: Maile Ngauamo and Sione Ngauamo must pay Nzpro Property Management
How much money was awarded in case 5358361?
Cleaning: $632.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,610.00 awarded to landlord; Property Damage: $920.00 awarded to landlord; Rent: $925.00 awarded to landlord; Rubbish Removal: $138.00 awarded to landlord; Water Charges To End Of Tenancy: $580.79 awarded to landlord
What type of tenancy dispute was case 5358361?
The primary dispute was Property damage. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5358361?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13136664-Tenancy_Tribunal_Order.pdf.