What was the outcome of Tenancy Tribunal case 5371386?

The tribunal order states: Bond Services to pay Inspire Real Estate Limited the full bond of $420.00

How much money was awarded in case 5371386?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5371386?

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

Where can I read the official tribunal order for case 5371386?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13051228-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5371386?

The tribunal order states: Bond Services to pay Inspire Real Estate Limited the full bond of $420.00

How much money was awarded in case 5371386?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5371386?

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

Where can I read the official tribunal order for case 5371386?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13051228-Tenancy_Tribunal_Order.pdf.

28 Brookdale Drive, Ngongotaha, Rotorua 3010 Tenancy Tribunal Case 5371386 — Cleanliness

Order

Bond Services to pay Inspire Real Estate Limited the full bond of $420.00 immediately.
Debbie Suzanne Elisaia and Brooke Kurt Walker to pay Inspire Real Estate Limited $4,326.35 immediately, calculated as follows: Description of awardAmount Rent arrears$1,111.43 Rubbish removal$966.42 Cleaning to re-rentable condition (including oven)$1,400.00 Carpet cleaning$240.00 Replacement of vertical blinds (4)$1,000.50 Filing fee reimbursement$28.00 Total compensation$4,746.35 Less Bond$420.00 Total amount payable$4,326.35

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy commenced on 6 September 2017 and ended on 8 September 2025.
The landlord provided rent records which prove rent arrears owing at the end of the tenancy: $1,111.43.

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.
The tenant did not remove all rubbish. A very large quantity of rubbish was left at the property, estimated at approximately 30 cubic metres, including furniture, household items, and debris stored in a large shed and throughout the grounds. Rubbish removal: $966.42.
The tenant did not leave the premises reasonably clean and tidy. I place significant weight on the exit inspection carried out on 11 September 2025, which records widespread and systemic cleaning failures throughout the interior and exterior of the premises. By way of example only, floors were not vacuumed or washed; carpets were grubby and dusty; walls, skirtings, doors, switches, and fittings were dirty; kitchens, bathrooms, toilets, showers, extractor fans, rangehoods, ovens, and appliances were not cleaned; windows, sills, and blinds were dirty or mouldy; smoke alarms had been removed and left on a window sill; rubbish and furniture were left throughout the house, garage, carport, paths, and grounds; and gardens, decks, balconies, and exterior areas were overgrown with weeds and vines.
The condition recorded is well below what could reasonably be described as “reasonably clean and tidy” and goes far beyond minor or incidental cleaning issues. Substantial cleaning was required to return the premises to a re-rentable condition, including a full oven clean. I am satisfied the cleaning work undertaken was necessary and reasonable. Cleaning to re-rentable condition: $1,400.00.
Carpet cleaning was reasonably required due to the condition of the floor coverings at the end of the tenancy. Carpet cleaning: $240.00.

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 following damage was caused during the tenancy:
Vertical blinds installed new shortly after the commencement of the tenancy were missing at the end of the tenancy. The Tenant removed the blinds in bedroom 1, bedroom 2, the dining room, and the sleepout and disposed of them. They were not in a salvageable state when the Landlord discovered them. The loss of the blinds is more than fair wear and tear. The tenant has not disproved liability. Replacement of four vertical blinds: $1,000.50.
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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Inspire Real Estate Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5371386 — Cleanliness at 28 Brookdale Drive, Ngongotaha, Rotorua 3010

Tenancy Tribunal case 5371386 — Cleanliness at 28 Brookdale Drive, Ngongotaha, Rotorua 3010

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Property management

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Property management