What was the outcome of Tenancy Tribunal case 5386541?

The tribunal order states: Zane Jacob Stapleton and Anita Sylvia-Lillian Stapleton must pay Lodge City

How much money was awarded in case 5386541?

Cleaning: $927.67 awarded to landlord; Cleaning: $718.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $227.86 awarded to landlord; Walls and Doors: $3,105.00 awarded to landlord

What type of tenancy dispute was case 5386541?

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

Where can I read the official tribunal order for case 5386541?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13290731-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5386541?

The tribunal order states: Zane Jacob Stapleton and Anita Sylvia-Lillian Stapleton must pay Lodge City

How much money was awarded in case 5386541?

Cleaning: $927.67 awarded to landlord; Cleaning: $718.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $227.86 awarded to landlord; Walls and Doors: $3,105.00 awarded to landlord

What type of tenancy dispute was case 5386541?

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

Where can I read the official tribunal order for case 5386541?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13290731-Tenancy_Tribunal_Order.pdf.

16 Highgrove Drive, Grandview Heights, Hamilton 3200 Tenancy Tribunal Case 5386541 — Property damage

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Reasons

Claims and awards in Tenancy Tribunal application 5386541 — net $2,267.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26.10.2025	$227.86	Rent arrears to 26.10.2025
Cleaning	$718.75	Cleaning
Carpet cleaning	$927.67	Carpet cleaning
Repairs to walls and doors	$3,105.00	Repairs to walls and doors
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,267.28
Total payable by Tenant to Landlord	$2,267.28

Only the landlord, represented by Ms Cawte, attended the hearing, which was conducted by videoconference. The tenants did not join the video meeting at the scheduled time, either by video or telephone. As the tenants have been notified, the hearing proceeded.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The landlord advises that the bond has since been paid in full to the landlord with the tenants’ agreement. This is recorded in the table above.

How much is owed for rent?

The tenancy ended on 26 October 2025. The landlord provided rent records and oral evidence to establish the amount owing at the end of the tenancy, which is awarded.

Did the tenants 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) of the Residential Tenancies Act 1986 (the RTA).

The landlord claims cleaning, rubbish removal and carpet cleaning costs, which are considered below. Cleaning and rubbish removal

The landlord has produced photographic evidence showing the condition of the premises at the start and end of the tenancy. This evidence establishes that the tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided an invoice for the general cleaning costs ($718.75), which is awarded. The landlord advises there is no invoice for rubbish removal ($100.00), so no award is made. Carpet cleaning

The landlord claims carpet cleaning costs of $2,783.00, in accordance with the invoice provided. The landlord states the carpet in the 4 bedrooms, living room and hallway was extensively soiled. The owner did not go through insurance, opting to pay for stain removal, which was considered more cost effective. The insurance excess is $1,000.00. The carpet was around 8 years old, but was in a good condition.

It is accepted that there were multiple stains in the carpet, as shown in the photographs and as recorded in the invoice. However, the amount claimed is well in excess of the range of expected costs for carpet cleaning, including stain removal, for a 4 bedroom home. It may be noted that the carpet was 8 years old, and reaching the end of its useful lifespan. Taking these factors into account, I consider it fair and reasonable for the tenants to contribute one third of the total carpet cleaning cost, which is $927.67. This is awarded above. General principles regarding responsibility for damage

The landlord seeks compensation for tenant damage. To be successful, 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 of the RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) of the 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) of the 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.

When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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 age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered.

Are the tenants responsible for the damage to the premises?

The landlord has provided an invoice for a total of $3,105.00, which details the repairs undertaken. There is also photographic evidence in the entry and exit inspection reports. The landlord’s evidence establishes that the following damage was caused during the tenancy:

Doors: the door in the master bedroom had a hole and had to be replaced. Two door handles had also been removed and had to be replaced.

Walls: there was extensive damage with multiple walls throughout the house being drawn on or marked. There were also dents, scrapes and other marks. The landlord noted the damage to walls in the kitchen, and all four bedrooms. There was a hole in the wall in bedroom two, and it appears the tenants had tried to patch it up.

The above damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

The amount ordered for the repair cost is proved. Filing fee and name suppression

As the landlord has been successful, the tenants are to pay the landlord’s filing fee.

The landlord does not request name suppression.

Reasons

Claims and awards in Tenancy Tribunal application 5386541 — net $2,267.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26.10.2025	$227.86	Rent arrears to 26.10.2025
Cleaning	$718.75	Cleaning
Carpet cleaning	$927.67	Carpet cleaning
Repairs to walls and doors	$3,105.00	Repairs to walls and doors
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,267.28
Total payable by Tenant to Landlord	$2,267.28

How much is owed for rent?

The tenancy ended on 26 October 2025. The landlord provided rent records and oral evidence to establish the amount owing at the end of the tenancy, which is awarded.

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

The landlord claims cleaning, rubbish removal and carpet cleaning costs, which are considered below. Cleaning and rubbish removal

Are the tenants responsible for the damage to the premises?

Doors: the door in the master bedroom had a hole and had to be replaced. Two door handles had also been removed and had to be replaced.

The above damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

The amount ordered for the repair cost is proved. Filing fee and name suppression

As the landlord has been successful, the tenants are to pay the landlord’s filing fee.

The landlord does not request name suppression.

Tenancy Tribunal case 5386541 — Property damage at 16 Highgrove Drive, Grandview Heights, Hamilton 3200

At a glance

Tenancy Tribunal case 5386541 — Property damage at 16 Highgrove Drive, Grandview Heights, Hamilton 3200

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions