What was Tenancy Tribunal case 5288000 about?

The tribunal order states: [The tenant/s] must pay Inline Property Management Limited As Agent For

How much money was awarded in case 5288000?

Cleaning: $195.00 awarded to landlord; Cleaning: $529.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $28.80 awarded to landlord; Property Damage: $874.00 awarded to landlord; Rent Arrears: $918.89 awarded to landlord; Rubbish Removal: $1,006.25 awarded to landlord

What type of tenancy dispute was case 5288000?

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

Where can I read the official tribunal order for case 5288000?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12485138-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5288000 about?

The tribunal order states: [The tenant/s] must pay Inline Property Management Limited As Agent For

How much money was awarded in case 5288000?

Cleaning: $195.00 awarded to landlord; Cleaning: $529.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $28.80 awarded to landlord; Property Damage: $874.00 awarded to landlord; Rent Arrears: $918.89 awarded to landlord; Rubbish Removal: $1,006.25 awarded to landlord

What type of tenancy dispute was case 5288000?

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

Where can I read the official tribunal order for case 5288000?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12485138-Tenancy_Tribunal_Order.pdf.

88 Oakhampton Street, Hornby, Christchurch 8042 Tenancy Tribunal Case 5288000 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5288000 — net $1,478.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$918.89	Rent arrears
Carpet Cleaning	$195.00	Carpet Cleaning
Cleaning	$529.00	Cleaning
Rubbish removal	$1,006.25	Rubbish removal
Lock/key replacement	$28.80	Lock/key replacement
Repairs (including labour for lock replacement	$874.00	Repairs (including labour for lock replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,478.94
Total payable by Tenant to Landlord	$1,478.94

The landlord attended the hearing, which was conducted by phone. Two attempts to reach the tenant were unsuccessful.

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 28 April 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $918.89.

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 and return all keys and security devices. See section 40(1)(e) Residential Tenancies Act 1986.

The landlord provided photographs showing that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was a significant amount of items left behind. The tenants had moved items into the garage. There was rubbish strewn about the property and the lawns were overgrown.

The tenant did not return the keys and the landlords claimed $28.80 for replacement keys.

The landlord submitted an invoice for $529.00 for cleaning, including the oven, and another for $1006.25 for rubbish removal, lawn mowing and tidying. There was a quote of $240 for cleaning the carpets, but the landlords advised it has been done for $195.00.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claimed $874 including GST for: a. Repairing a hole in the wall b. Replacing the locks (labour) c. Replacement carpet ($200 including GST).

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.

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 following damage was caused during the tenancy: a. Hole in the wall b. Carpet damage

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The labour for replacement locks was necessary because the tenant did not return the keys.

Although the landlord had provided a quote rather than an invoice, they advised that the quote was accepted and the work has now been done. The landlord has repainted at their own expense. The amounts claimed are reasonable amounts for necessary repairs. The amounts ordered are proved.

I have taken into account 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Because Inline Property Management Limited As Agent For Vandet Ay has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5288000 — net $1,478.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$918.89	Rent arrears
Carpet Cleaning	$195.00	Carpet Cleaning
Cleaning	$529.00	Cleaning
Rubbish removal	$1,006.25	Rubbish removal
Lock/key replacement	$28.80	Lock/key replacement
Repairs (including labour for lock replacement	$874.00	Repairs (including labour for lock replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,478.94
Total payable by Tenant to Landlord	$1,478.94

Order

[The tenant/s] must pay Inline Property Management Limited As Agent For Vandet Ay $1,478.94 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,100.00 (3897753-003) to Inline Property Management Limited As Agent For Vandet Ay immediately.

Reasons

The landlord attended the hearing, which was conducted by phone. Two attempts to reach the tenant were unsuccessful.
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 28 April 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $918.89.

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 and return all keys and security devices. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord provided photographs showing that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was a significant amount of items left behind. The tenants had moved items into the garage. There was rubbish strewn about the property and the lawns were overgrown.
The tenant did not return the keys and the landlords claimed $28.80 for replacement keys.
The landlord submitted an invoice for $529.00 for cleaning, including the oven, and another for $1006.25 for rubbish removal, lawn mowing and tidying. There was a quote of $240 for cleaning the carpets, but the landlords advised it has been done for $195.00.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claimed $874 including GST for: a. Repairing a hole in the wall b. Replacing the locks (labour) c. Replacement carpet ($200 including GST).
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.
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 following damage was caused during the tenancy: a. Hole in the wall b. Carpet damage
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The labour for replacement locks was necessary because the tenant did not return the keys.
Although the landlord had provided a quote rather than an invoice, they advised that the quote was accepted and the work has now been done. The landlord has repainted at their own expense. The amounts claimed are reasonable amounts for necessary repairs. The amounts ordered are proved.
I have taken into account 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Inline Property Management Limited As Agent For Vandet Ay has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5288000 — Rent arrears at 88 Oakhampton Street, Hornby, Christchurch 8042

At a glance

Tenancy Tribunal case 5288000 — Rent arrears at 88 Oakhampton Street, Hornby, Christchurch 8042

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Is the tenant 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 tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions