Tenantcheck Insights · Case study
Tenancy Tribunal case 5442888 — Cleanliness at 420A Tremaine Avenue, Takaro, Palmerston North 4412
Decided 9 June 2026 · Published 9 June 2026 · Application 5442888
- Cleanliness
- Rent arrears
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Palmerston North
Tribunal region
Adjudicator
G Baker
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $10,477.65
- Bond payment as ordered
- −$2,240.00
- Total balance for Tenant to pay Landlord
- $8,237.65
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $1,914.29 | Rent arrears | |
| Lock/key replacement | $389.00 | Lock/key replacement | |
| Cleaning | $1,518.00 | Cleaning | |
| Rubbish removal | $632.04 | Rubbish removal | |
| Carpet Cleaning: flea treatment | $146.63 | Carpet Cleaning: flea treatment | |
| Carpet Cleaning | $700.06 | Carpet Cleaning | |
| Lawns and Garden work | $399.63 | Lawns and Garden work | |
| Replace furnishings: carpets | $3,500.00 | Replace furnishings: carpets | |
| Repairs: three doors | $450.00 | Repairs: three doors | |
| Repairs: painting | $800.00 | Repairs: painting | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $8,237.65 | ||
| Total payable by Tenant to Landlord | $8,237.65 |
Claims and awards for application 5442888 — net $8,237.65 NZD. Verify on MoJ.
Rent arrears
- Amount
- $1,914.29
- Awarded to
- Landlord
- Reason
- Rent arrears
Lock/key replacement
- Amount
- $389.00
- Awarded to
- Landlord
- Reason
- Lock/key replacement
Cleaning
- Amount
- $1,518.00
- Awarded to
- Landlord
- Reason
- Cleaning
Rubbish removal
- Amount
- $632.04
- Awarded to
- Landlord
- Reason
- Rubbish removal
Carpet Cleaning: flea treatment
- Amount
- $146.63
- Awarded to
- Landlord
- Reason
- Carpet Cleaning: flea treatment
Carpet Cleaning
- Amount
- $700.06
- Awarded to
- Landlord
- Reason
- Carpet Cleaning
Lawns and Garden work
- Amount
- $399.63
- Awarded to
- Landlord
- Reason
- Lawns and Garden work
Replace furnishings: carpets
- Amount
- $3,500.00
- Awarded to
- Landlord
- Reason
- Replace furnishings: carpets
Repairs: three doors
- Amount
- $450.00
- Awarded to
- Landlord
- Reason
- Repairs: three doors
Repairs: painting
- Amount
- $800.00
- Awarded to
- Landlord
- Reason
- Repairs: painting
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $8,237.65
Total payable by Tenant to Landlord
Landlord $8,237.65
Claim types — money lines allowed on this order
Order
- Candice Little and Ashley Saturn must pay Property Brokers Limited On Behalf Of Alpine Trust $8,237.65 immediately, calculated as shown in the table below.
- The Bond Centre is to pay the bond of $2,240.00 (3396824-002) to Property Brokers Limited On Behalf Of Alpine Trust immediately. DescriptionLandlord Rent arrears$1,914.29 Lock/key replacement$389.00 Cleaning$1,518.00 Rubbish removal$632.04 Carpet Cleaning: flea treatment$146.63 Carpet Cleaning$700.06 Lawns and Garden work$399.63 Replace furnishings: carpets$3,500.00 Repairs: three doors$450.00 Repairs: painting$800.00 Filing fee reimbursement$28.00 Total award$10,477.65 Bond$2,240.00 Total payable by Tenant to Landlord$8,237.65
Reasons
- The landlord 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 ended on 20 February 2026. The landlord provided rent records which prove the amount owing at 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.
- The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The evidence showed that the tenant took what they wanted, left anything else behind and made no attempt to clean.
- The tenant did not return the keys.
- 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 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 provided photographic evidence that the following damage was caused during the tenancy: a. The carpets in every room were extensively damaged by staining and pet urine. b. The bathroom and two bedroom doors were damaged by holes that appear to have been kicked in them. c. There were two holes in the lounge wall. d. There was damage to the wall next to the stove. e. In bedroom 1 there were multiple tears to the wallpaper where hooks or other fixtures were removed. f. In bedroom 2 there was extensive staining on one wall. g. In bedroom 3 there were extensive cat scratches.
- The landlord provided two reports from professional carpet cleaners confirming that the stains could not be removed and that because of the animal urine damage the carpets needed replacement. One of the cleaners attempted to clean the carpets unsuccessfully. One of the reports confirmed the presence of the animal urine.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- From its nature and extent, all the damage was intentional damage.
- The amounts ordered are proved.
- I have considered 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. The landlord gave evidence that the carpet in the lounge, hallway and dining area was new at the start of the tenancy. The carpet in the three bedrooms appeared to be older than eight years but still retained a utility value and would not have required replacement but for the actions of the tenant. A fair amount has been calculated and awarded taking into account these factors.
- Because Property Brokers Limited On Behalf Of Alpine Trust has substantially succeeded with the claim I have reimbursed the filing fee.
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(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
- Dispute theme: cleaning
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5442888?
The tribunal order states: Candice Little and Ashley Saturn must pay Property Brokers Limited On Behalf
How much money was awarded in case 5442888?
Cleaning: $700.06 awarded to landlord; Cleaning: $146.63 awarded to landlord; Cleaning: $1,518.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $399.63 awarded to landlord; Property Damage: $389.00 awarded to landlord; Rent Arrears: $1,914.29 awarded to landlord; Painting: $800.00 awarded to landlord; Three Doors: $450.00 awarded to landlord; Replace Furnishings: Carpets: $3,500.00 awarded to landlord; Rubbish Removal: $632.04 awarded to landlord
What type of tenancy dispute was case 5442888?
The primary dispute was Cleanliness. Related themes: Rent arrears, Property damage.
Where can I read the official tribunal order for case 5442888?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13719501-Tenancy_Tribunal_Order.pdf.