What was the outcome of Tenancy Tribunal case 5279104?

The tribunal order states: Adam Maurice Kavanagh must pay Grenadier Rent Shop Limited As Agent For

How much money was awarded in case 5279104?

Cleaning: $343.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $252.49 awarded to landlord; Window: $206.64 awarded to landlord; Rubbish Removal: $472.24 awarded to landlord

What type of tenancy dispute was case 5279104?

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

Where can I read the official tribunal order for case 5279104?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12293420-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5279104?

The tribunal order states: Adam Maurice Kavanagh must pay Grenadier Rent Shop Limited As Agent For

How much money was awarded in case 5279104?

Cleaning: $343.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $252.49 awarded to landlord; Window: $206.64 awarded to landlord; Rubbish Removal: $472.24 awarded to landlord

What type of tenancy dispute was case 5279104?

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

Where can I read the official tribunal order for case 5279104?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12293420-Tenancy_Tribunal_Order.pdf.

21 Opawa Road, Waltham, Christchurch 8023 Tenancy Tribunal Case 5279104 — Property damage

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21 Opawa Road, Waltham, Christchurch 8023 Tenancy Tribunal Case 5279104 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5279104 — net $1,301.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$343.00	Cleaning
Rubbish removal	$472.24	Rubbish removal
Lock/key replacement	$252.49	Lock/key replacement
Repairs: Window	$206.64	Repairs: Window
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,301.37
Total payable by Tenant to Landlord	$1,301.37

Claims and awards for application 5279104 — net $1,301.37 NZD. Verify on MoJ.

Cleaning

Amount: $343.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $472.24
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $252.49
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: Window

Amount: $206.64
Awarded to: Landlord
Reason: Repairs: Window

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Adam Maurice Kavanagh must pay Grenadier Rent Shop Limited As Agent For Opawa 15 Limited $1,301.37 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 20 August 2025. The tenant did not.
The tenancy began on 4 May 2023 and ended on 10 April 2025. The landlord claims the tenant did not clean the premises or remove their rubbish at the end of the tenancy. The landlord also claims the tenant did not return the keys and is responsible for damaging the premises.
The issues I must determine are: a. To what standard must the landlord prove their claim? b. Did the tenant leave the premises reasonably clean and tidy and remove all rubbish? c. Did the tenant return the keys? d. Is the tenant responsible for damaging the premises?

To what standard must the landlord prove their claim?

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden. Did the tenant leave the premises reasonably clean and tidy and remove all rubbish? The law
At the end of a tenancy, the tenant must leave the premises reasonably clean and tidy and remove all rubbish. 1
“Reasonably” clean means clean to the standard an average, reasonable bystander would consider reasonable. 2 It does not mean commercially clean, 3 spotless 4 or to a hotel or motel standard. 5 The better the premises and the higher the rent payable, the higher the standard expected. 6 1 Residential Tenancies Act 1986, section 40(1)(e)(iii). 2 Housing New Zealand v Holloway NZTT Auckland TT215/93, 8 February 1993 at [8]. 3 Mills v Kiwi Property Care Ltd NZTT Auckland TT215/93, 8 February 1993 at [8]. 4 Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 5 Richards v Scully NZTT Christchurch TT858/97, 8 May 1997 at [3]; Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 6 Westwood v Western [1994] DCR 759 at [770]. Analysis
The landlord submitted photographs taken at the end of the tenancy. Rubbish and personal belongings are strewn throughout the property. The floors have not been vacuumed and mopped. The surfaces have not been wiped down. The bathroom and kitchen are dirty. I have no trouble in finding the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord’s claim for compensation is granted for the following amounts: a. Cleaning:$343.00 b. Rubbish removal:$472.24
The landlord submitted invoices for these amounts.

Did the tenant return the keys at the end of the tenancy?

The law

At the end of the tenancy, the tenant must return all keys provided by the landlord. 7 Analysis
The landlord gave evidence they provided the tenant with a set of keys, which were not returned at the end of the tenancy. I accept the landlord’s evidence. From the photographs taken at the end of the tenancy, it appears the tenant left in haste.
The landlord submitted an invoice for $206.64 to replace the keys and locks. The landlord’s claim for compensation is granted for this amount.

Is the tenant responsible for damaging the premises?

The law

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. 8 Analysis 7 Residential Tenancies Act 1986, section 40(1)(e)(iii). 8 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B.
The landlord submitted photographs taken at the end of the tenancy, which show a window in the upstairs living room is broken. The landlord gave evidence the window was intact at the beginning of the tenancy. I accept the landlord’s evidence. On the balance of probabilities, I find the window broke during the tenancy. The damage is more than fair wear and tear and the tenant has not disproved liability.
The landlord did not file a claim with their insurer, as the excess would have exceeded the repair costs.
The landlord submitted an invoice for $206.64 to repair the window. The landlord’s claim for compensation is granted for this amount. Filing fee
The landlord has wholly succeeded with their claim. Therefore, I must order the tenant to reimburse the filing fee. 9

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5279104 — net $1,301.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$343.00	Cleaning
Rubbish removal	$472.24	Rubbish removal
Lock/key replacement	$252.49	Lock/key replacement
Repairs: Window	$206.64	Repairs: Window
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,301.37
Total payable by Tenant to Landlord	$1,301.37

Claims and awards for application 5279104 — net $1,301.37 NZD. Verify on MoJ.

Cleaning

Amount: $343.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $472.24
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $252.49
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: Window

Amount: $206.64
Awarded to: Landlord
Reason: Repairs: Window

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Adam Maurice Kavanagh must pay Grenadier Rent Shop Limited As Agent For Opawa 15 Limited $1,301.37 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 20 August 2025. The tenant did not.
The tenancy began on 4 May 2023 and ended on 10 April 2025. The landlord claims the tenant did not clean the premises or remove their rubbish at the end of the tenancy. The landlord also claims the tenant did not return the keys and is responsible for damaging the premises.
The issues I must determine are: a. To what standard must the landlord prove their claim? b. Did the tenant leave the premises reasonably clean and tidy and remove all rubbish? c. Did the tenant return the keys? d. Is the tenant responsible for damaging the premises?

To what standard must the landlord prove their claim?

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden. Did the tenant leave the premises reasonably clean and tidy and remove all rubbish? The law
At the end of a tenancy, the tenant must leave the premises reasonably clean and tidy and remove all rubbish. 1
“Reasonably” clean means clean to the standard an average, reasonable bystander would consider reasonable. 2 It does not mean commercially clean, 3 spotless 4 or to a hotel or motel standard. 5 The better the premises and the higher the rent payable, the higher the standard expected. 6 1 Residential Tenancies Act 1986, section 40(1)(e)(iii). 2 Housing New Zealand v Holloway NZTT Auckland TT215/93, 8 February 1993 at [8]. 3 Mills v Kiwi Property Care Ltd NZTT Auckland TT215/93, 8 February 1993 at [8]. 4 Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 5 Richards v Scully NZTT Christchurch TT858/97, 8 May 1997 at [3]; Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 6 Westwood v Western [1994] DCR 759 at [770]. Analysis
The landlord submitted photographs taken at the end of the tenancy. Rubbish and personal belongings are strewn throughout the property. The floors have not been vacuumed and mopped. The surfaces have not been wiped down. The bathroom and kitchen are dirty. I have no trouble in finding the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord’s claim for compensation is granted for the following amounts: a. Cleaning:$343.00 b. Rubbish removal:$472.24
The landlord submitted invoices for these amounts.

Did the tenant return the keys at the end of the tenancy?

The law

At the end of the tenancy, the tenant must return all keys provided by the landlord. 7 Analysis
The landlord gave evidence they provided the tenant with a set of keys, which were not returned at the end of the tenancy. I accept the landlord’s evidence. From the photographs taken at the end of the tenancy, it appears the tenant left in haste.
The landlord submitted an invoice for $206.64 to replace the keys and locks. The landlord’s claim for compensation is granted for this amount.

Is the tenant responsible for damaging the premises?

The law

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. 8 Analysis 7 Residential Tenancies Act 1986, section 40(1)(e)(iii). 8 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B.
The landlord submitted photographs taken at the end of the tenancy, which show a window in the upstairs living room is broken. The landlord gave evidence the window was intact at the beginning of the tenancy. I accept the landlord’s evidence. On the balance of probabilities, I find the window broke during the tenancy. The damage is more than fair wear and tear and the tenant has not disproved liability.
The landlord did not file a claim with their insurer, as the excess would have exceeded the repair costs.
The landlord submitted an invoice for $206.64 to repair the window. The landlord’s claim for compensation is granted for this amount. Filing fee
The landlord has wholly succeeded with their claim. Therefore, I must order the tenant to reimburse the filing fee. 9

Tenancy Tribunal case 5279104 — Property damage at 21 Opawa Road, Waltham, Christchurch 8023

At a glance

Tenancy Tribunal case 5279104 — Property damage at 21 Opawa Road, Waltham, Christchurch 8023

At a glance

Award balance

Claims & awards

Order

Reasons

To what standard must the landlord prove their claim?

Did the tenant return the keys at the end of the tenancy?

Is the tenant responsible for damaging the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

To what standard must the landlord prove their claim?

Did the tenant return the keys at the end of the tenancy?

Is the tenant responsible for damaging the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions