What was Tenancy Tribunal case 5283339 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5283339?

Cleaning: $862.50 awarded to landlord; Property Damage: $300.00 awarded to landlord

What type of tenancy dispute was case 5283339?

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

Where can I read the official tribunal order for case 5283339?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12545794-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5283339 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5283339?

Cleaning: $862.50 awarded to landlord; Property Damage: $300.00 awarded to landlord

What type of tenancy dispute was case 5283339?

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

Where can I read the official tribunal order for case 5283339?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12545794-Tribunal_Order_Redacted.pdf.

54 Briarmont Street, Avondale, Christchurch 8061 Tenancy Tribunal Case 5283339 — Cleanliness

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54 Briarmont Street, Avondale, Christchurch 8061 Tenancy Tribunal Case 5283339 — Cleanliness | 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 5283339 — net $1,162.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$862.50	Cleaning
Compensation for damage to carpet	$300.00	Compensation for damage to carpet
Net award	$1,162.50
Bond	$1,400.00
Total payable by Tenant to Landlord	$1,162.50

Claims and awards for application 5283339 — net $1,162.50 NZD. Verify on MoJ.

Cleaning

Amount: $862.50
Awarded to: Landlord
Reason: Cleaning

Compensation for damage to carpet

Amount: $300.00
Awarded to: Landlord
Reason: Compensation for damage to carpet

Net award

Landlord $1,162.50

Bond

Landlord $1,400.00

Total payable by Tenant to Landlord

Landlord $1,162.50

Dismissed claims

Rent Arrears

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
The landlord’s application for rent arrears is dismissed.
[The tenant/s] to pay Orbit Property Management Limited $1,162.50 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,400.00 ([Bond number suppressed]) immediately apportioned as follows: • Orbit Property Management Limited: $1,162.50 • [The tenant/s]: $237.50

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. Background
I first heard this application on 12 September 2025. I adjourned the application so both parties could provide further evidence.
This was a long tenancy. It started on 13 August 2026 and ended on 22 May 2025.
After the tenancy ended, the landlord applied for rent arrears, cleaning costs, and compensation towards the cost of carpet replacement.
The tenant produced an email from the landlord dated 1 May 2025 in which he was told he had no further liability for rent. At the first hearing the landlord’s representative said she sent a follow-up email soon after that correctly what she said was an error.
The landlord’s representative could not produce the follow-up email today. The tenant denied ever receiving the email.
The tenant challenged the landlord’s claim for cleaning. He also challenged the claim for carpet replacement, though he accepted that the carpet in the spare room was damaged and needed replacing.
At the hearing today I heard evidence from the parties again and from the owner of the premises Mr Hunt. Issues
The Tribunal must determine these issues: •Does the tenant owe rent arrears? •Is the tenant liable for cleaning costs? •Should the tenant pay compensation for damage to the carpet? Relevant law
Section 40 of the Residential Tenancies Act 1986 (RTA) sets out a tenant’s responsibilities. Included among them are the responsibility to pay rent when due; to keep the premises reasonably clean and tidy; to leave the premises in a reasonably clean and tidy condition; and to quit the premises when the tenancy ends.
Section 30 RTA requires a landlord to keep proper business records.
Section 85 RTA is important in this case for reasons I will explain. So, I will set it out in full: 85 Manner in which jurisdiction is to be exercised (1) Subject to the provisions of this Act and of any regulations made under this Act, the Tribunal shall exercise its jurisdiction in a manner that is most likely to ensure the fair and expeditious resolution of disputes between landlords and tenants of residential premises to which this Act applies. (2) The Tribunal shall determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities. Compensation
The Tribunal may award compensation to a party for losses arising from a proven breach or breaches by the other party of their statutory responsibilities.
Compensation is generally awarded for actual losses and sometimes for less tangible effects of proven breaches such as a loss of enjoyment of the tenancy and the accompanying stress and anxiety.
In Birch v Ōtautahi Community Housing Trust 1 [2020] NZDC 17667 the District Court confirmed that the Tribunal must consider the following factors when deciding to award compensation: • The nature of the breach; • The duration of the breach; and • The effect of the breach on the party. Discussion

Does the tenant owe rent arrears?

The tenant made payments of rent that were recorded in the landlord’s wrong ledger. I adjourned the first hearing for the landlord to investigate that. Today the landlord’s representative admitted to the mistake.
The tenant accepts that he probably owed rent for the last 3 weeks of the tenancy, but he queried how the rent payments he made could not have been properly accounted for. 1 [2020] NZDC 17667
The tenant relies on an email the landlord sent to him dated 1 May 2025 advising him to stop paying rent. He acted on, and relied on, that email.
At the first hearing, the landlord’s representative said she sent another email soon after correcting what she said was an error.
The adjournment was granted in part for her to produce the second email correcting the fist.
Today, the landlord’s representative said she could not locate the second email.
Landlords are required to keep accurate business records. Had the tenant not attended the first hearing, the Tribunal would have made an order based on incorrect evidence.
I quoted section 85 RTA because this is a case where I consider it should be applied in the tenant’s favour.
The tenant has some challenges and he correctly queried why he could not rely on the landlord’s email telling him to stop paying rent. He was told he was in credit.
Had the second email been produced detailing the error, I would have awarded the landlord the claimed rent arrears. But in the absence of that email, the tenant can rely on the advice he was given: please stop paying your rent.
I dismiss the landlord’s claim for rent arrears. In the circumstances here I need not apply strict legal rights and do so in order to achieve a fair resolution.

Is the tenant liable for cleaning costs?

I find the landlord’s claim for cleaning costs proved by the production of a quotation (the work has been done) and the photos produced in evidence. Objectively viewed, the tenant did not leave the premises reasonably clean.

Should the tenant pay compensation for damage to the carpet?

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 2 .
The carpet in the premises was significantly stained and has had to be replaced. The tenant accepted liability for the carpet damage in the spare room only. 2 See sections 40(2)(a), 41 and 49B RTA
Mr Grant gave evidence about the age of the carpet. He said he bought the property about 12 years ago with the carpet in place. He thought the carpet could well be older than 20-25 years.
This carpet would be considered almost fully depreciated for a rented premises. The landlord’s representative was realistic about that, seeking only compensation for damage to an already aged carpet.
Though the replacement cost was $3,540.00 plus GST I award the landlord compensation of $300.00 only. Even very old carpets can continue to be used, but if damaged, the Tribunal must consider depreciation and fair wear and tear to avoid what is known as betterment. Result
The tenant will pay the landlord $1,162.50 from the bond as compensation for cleaning and carpet damage.
The landlord’s claim for rent arrears is dismissed.
The bond will be split between the parties - $1,162.50 to the landlord and $237.50 to the tenant. Name suppression
The landlord did not seek name suppression. The tenant sought, and is entitled to, a name suppression order as his defence to the landlord’s claim is successful in part.

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 5283339 — net $1,162.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$862.50	Cleaning
Compensation for damage to carpet	$300.00	Compensation for damage to carpet
Net award	$1,162.50
Bond	$1,400.00
Total payable by Tenant to Landlord	$1,162.50

Claims and awards for application 5283339 — net $1,162.50 NZD. Verify on MoJ.

Cleaning

Amount: $862.50
Awarded to: Landlord
Reason: Cleaning

Compensation for damage to carpet

Amount: $300.00
Awarded to: Landlord
Reason: Compensation for damage to carpet

Net award

Landlord $1,162.50

Bond

Landlord $1,400.00

Total payable by Tenant to Landlord

Landlord $1,162.50

Dismissed claims

Rent Arrears

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
The landlord’s application for rent arrears is dismissed.
[The tenant/s] to pay Orbit Property Management Limited $1,162.50 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,400.00 ([Bond number suppressed]) immediately apportioned as follows: • Orbit Property Management Limited: $1,162.50 • [The tenant/s]: $237.50

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. Background
I first heard this application on 12 September 2025. I adjourned the application so both parties could provide further evidence.
This was a long tenancy. It started on 13 August 2026 and ended on 22 May 2025.
After the tenancy ended, the landlord applied for rent arrears, cleaning costs, and compensation towards the cost of carpet replacement.
The tenant produced an email from the landlord dated 1 May 2025 in which he was told he had no further liability for rent. At the first hearing the landlord’s representative said she sent a follow-up email soon after that correctly what she said was an error.
The landlord’s representative could not produce the follow-up email today. The tenant denied ever receiving the email.
The tenant challenged the landlord’s claim for cleaning. He also challenged the claim for carpet replacement, though he accepted that the carpet in the spare room was damaged and needed replacing.
At the hearing today I heard evidence from the parties again and from the owner of the premises Mr Hunt. Issues
The Tribunal must determine these issues: •Does the tenant owe rent arrears? •Is the tenant liable for cleaning costs? •Should the tenant pay compensation for damage to the carpet? Relevant law
Section 40 of the Residential Tenancies Act 1986 (RTA) sets out a tenant’s responsibilities. Included among them are the responsibility to pay rent when due; to keep the premises reasonably clean and tidy; to leave the premises in a reasonably clean and tidy condition; and to quit the premises when the tenancy ends.
Section 30 RTA requires a landlord to keep proper business records.
Section 85 RTA is important in this case for reasons I will explain. So, I will set it out in full: 85 Manner in which jurisdiction is to be exercised (1) Subject to the provisions of this Act and of any regulations made under this Act, the Tribunal shall exercise its jurisdiction in a manner that is most likely to ensure the fair and expeditious resolution of disputes between landlords and tenants of residential premises to which this Act applies. (2) The Tribunal shall determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities. Compensation
The Tribunal may award compensation to a party for losses arising from a proven breach or breaches by the other party of their statutory responsibilities.
Compensation is generally awarded for actual losses and sometimes for less tangible effects of proven breaches such as a loss of enjoyment of the tenancy and the accompanying stress and anxiety.
In Birch v Ōtautahi Community Housing Trust 1 [2020] NZDC 17667 the District Court confirmed that the Tribunal must consider the following factors when deciding to award compensation: • The nature of the breach; • The duration of the breach; and • The effect of the breach on the party. Discussion

Does the tenant owe rent arrears?

The tenant made payments of rent that were recorded in the landlord’s wrong ledger. I adjourned the first hearing for the landlord to investigate that. Today the landlord’s representative admitted to the mistake.
The tenant accepts that he probably owed rent for the last 3 weeks of the tenancy, but he queried how the rent payments he made could not have been properly accounted for. 1 [2020] NZDC 17667
The tenant relies on an email the landlord sent to him dated 1 May 2025 advising him to stop paying rent. He acted on, and relied on, that email.
At the first hearing, the landlord’s representative said she sent another email soon after correcting what she said was an error.
The adjournment was granted in part for her to produce the second email correcting the fist.
Today, the landlord’s representative said she could not locate the second email.
Landlords are required to keep accurate business records. Had the tenant not attended the first hearing, the Tribunal would have made an order based on incorrect evidence.
I quoted section 85 RTA because this is a case where I consider it should be applied in the tenant’s favour.
The tenant has some challenges and he correctly queried why he could not rely on the landlord’s email telling him to stop paying rent. He was told he was in credit.
Had the second email been produced detailing the error, I would have awarded the landlord the claimed rent arrears. But in the absence of that email, the tenant can rely on the advice he was given: please stop paying your rent.
I dismiss the landlord’s claim for rent arrears. In the circumstances here I need not apply strict legal rights and do so in order to achieve a fair resolution.

Is the tenant liable for cleaning costs?

I find the landlord’s claim for cleaning costs proved by the production of a quotation (the work has been done) and the photos produced in evidence. Objectively viewed, the tenant did not leave the premises reasonably clean.

Should the tenant pay compensation for damage to the carpet?

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 2 .
The carpet in the premises was significantly stained and has had to be replaced. The tenant accepted liability for the carpet damage in the spare room only. 2 See sections 40(2)(a), 41 and 49B RTA
Mr Grant gave evidence about the age of the carpet. He said he bought the property about 12 years ago with the carpet in place. He thought the carpet could well be older than 20-25 years.
This carpet would be considered almost fully depreciated for a rented premises. The landlord’s representative was realistic about that, seeking only compensation for damage to an already aged carpet.
Though the replacement cost was $3,540.00 plus GST I award the landlord compensation of $300.00 only. Even very old carpets can continue to be used, but if damaged, the Tribunal must consider depreciation and fair wear and tear to avoid what is known as betterment. Result
The tenant will pay the landlord $1,162.50 from the bond as compensation for cleaning and carpet damage.
The landlord’s claim for rent arrears is dismissed.
The bond will be split between the parties - $1,162.50 to the landlord and $237.50 to the tenant. Name suppression
The landlord did not seek name suppression. The tenant sought, and is entitled to, a name suppression order as his defence to the landlord’s claim is successful in part.

Tenancy Tribunal case 5283339 — Cleanliness at 54 Briarmont Street, Avondale, Christchurch 8061

At a glance

Tenancy Tribunal case 5283339 — Cleanliness at 54 Briarmont Street, Avondale, Christchurch 8061

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Does the tenant owe rent arrears?

Is the tenant liable for cleaning costs?

Should the tenant pay compensation for damage to the carpet?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Does the tenant owe rent arrears?

Is the tenant liable for cleaning costs?

Should the tenant pay compensation for damage to the carpet?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions