Tenantcheck Insights · Case study
Tenancy Tribunal case 5403794 — Cleanliness at Room 10, 210 Balmoral Road, Mount Eden, Auckland 1024
Published 1 April 2026 · Application 5403794
Landlord favoured
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
M Allan
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,788.63
- Total balance for Tenant to pay Landlord
- $1,788.63
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Previous order application 5403794 dated 12/01/2026 | $125.71 | Previous order application 5403794 dated 12/01/2026 | |
| Cleaning | $200.00 | Cleaning | |
| Replace bed (depreciated | $207.00 | Replace bed (depreciated | |
| Replace carpet (depreciated | $567.92 | Replace carpet (depreciated | |
| Loss of rent while cleaning and repairs undertaken | $660.00 | Loss of rent while cleaning and repairs undertaken | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,788.63 | ||
| Total payable by Tenant to Landlord | $1,788.63 |
Claims and awards for application 5403794 — net $1,788.63 NZD. Verify on MoJ.
Previous order application 5403794 dated 12/01/2026
- Amount
- $125.71
- Awarded to
- Landlord
- Reason
- Previous order application 5403794 dated 12/01/2026
Cleaning
- Amount
- $200.00
- Awarded to
- Landlord
- Reason
- Cleaning
Replace bed (depreciated
- Amount
- $207.00
- Awarded to
- Landlord
- Reason
- Replace bed (depreciated
Replace carpet (depreciated
- Amount
- $567.92
- Awarded to
- Landlord
- Reason
- Replace carpet (depreciated
Loss of rent while cleaning and repairs undertaken
- Amount
- $660.00
- Awarded to
- Landlord
- Reason
- Loss of rent while cleaning and repairs undertaken
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,788.63
Total payable by Tenant to Landlord
Landlord $1,788.63
Claim types — money lines allowed on this order
Order
- Andrew Wheeler must pay Victoria James and Roger James as Trustees of the VJ Family Trust T/A Balmoral Boarding House $1,788.63 immediately, calculated as shown in table below:
- This order incorporates the Tribunal order made on 21 January 2026 (in this application 5403794).
Reasons
- Only the landlord attended the hearing which was held by video conference.
- There was no appearance by the tenant. I am satisfied that the tenant has been served with the landlord’s application in accordance with the service provisions of the Residential Tenancies Act 1986 (RTA) and so the hearing proceeded in the tenant’s absence.
- This boarding house tenancy began on 11 August 2023. Sadly it appears that over time this tenant has become unable to manage in a boarding house environment due to various health issues, which has led to the landlord giving notice and bringing these claims following the end of the tenancy.
- The landlord had applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee.
- This matter was part heard on 12 January 2026 and orders were made in respect of rent arrears and the bond. The balance of claims were heard today. Did the tenant comply with their obligations at the end of the tenancy and are they responsible for damage?
- At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.
- 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 49B, 66K(2)(a), and 66L RTA.
- The landlord produced a small number of photos of the room at the end of the tenancy which showed soiled bedding, various items left behind on a chest of drawers and some items on the floor. The landlord said that the room was not cleaned but that the main issue was that the carpet was soaked with urine.
- The landlord produced a statement from the onsite property manager stating that: a. Over time it became apparent that a boarding house environment was no longer suitable for the tenant’s needs as repeated soiling extending to walls and communal areas created an unsanitary environment and posed a risk to the health and wellbeing of other residents; b. the landlord made efforts to support the tenant by requesting an increase in his healthcare support but was advised that no additional support could be provided due to funding constraints; c. multiple written notices were issued to the tenant regarding the condition of his room and the need to maintain an adequate standard of cleanliness and hygiene; d. The odour in the tenant’s room was strong and persistent, and on several occasions support workers attending the tenant declined to enter the room due to the intensity of the smell.
- The landlord said that they paid an employee an additional $200.00 for the work required to clean the tenant’s room. They seek reimbursement of this amount. I consider this claim to be reasonable given the condition of the room. This claim is proved and an award is made accordingly.
- The landlord also claimed the following amounts: a. Replacement bed and mattress ($414.00) b. Replacement carpet ($1,135.84)
- I am satisfied that these items had to be replaced due to damage caused by the tenant.
- The Tribunal is required to consider depreciation when making awards. The landlord should be left no better or worse off than they would have been had the tenant not breached their obligations.
- Having discussed both the age and condition of the existing bed and the carpet with Ms Wheeler, I consider that both items were approximately halfway through their useful life. I have therefore depreciated both items by 50% and have made orders accordingly.
How much is owed for rent?
- On 12 January 2026 the Tribunal made an order relating to this tenancy, for rent arrears of $445.71 to 26 December 2025. The bond of $320.00 was awarded to the landlord leaving an outstanding sum of $125.71.
- The previous order is incorporated into this order for enforcement purposes.
- The landlord also seeks compensation for loss of rent as room could not be let as extensive cleaning was required and the bed and carpet had to be replaced.
- I consider that two weeks’ rent is reasonable compensation given the work required. I accept that the work actually took longer than that to complete as the tenancy ended over the Christmas/New Year period, but do not consider that the tenant should be responsible for any delays caused due to the holiday period.
- I order that the tenant pay the sum of two weeks rent to the landlord, in the amount of $660.00. Filing fee and name suppression
- Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
- The landlord did not seek an order for name suppression and the tenant is not entitled to an order for name suppression (as they are not the successful party – see section 95A RTA).
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s49B, s66M, s95A
Key findings
- Dispute theme: cleaning
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5403794?
The tribunal order states: Andrew Wheeler must pay Victoria James and Roger James as Trustees of the
How much money was awarded in case 5403794?
Cleaning: $200.00 awarded to landlord; Cleaning: $660.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Previous Order Application 5403794 D…: $125.71 awarded to landlord; Replace Bed (Depreciated: $207.00 awarded to landlord; Replace Carpet (Depreciated: $567.92 awarded to landlord
What type of tenancy dispute was case 5403794?
The primary dispute was Cleanliness.
Where can I read the official tribunal order for case 5403794?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13383272-Tribunal_Order.pdf.