What was Tenancy Tribunal case 5308930 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 5308930?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Painting: $750.00 awarded to landlord; Rent Arrears: $2,048.57 awarded to landlord

What type of tenancy dispute was case 5308930?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5308930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12657804-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5308930 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 5308930?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Painting: $750.00 awarded to landlord; Rent Arrears: $2,048.57 awarded to landlord

What type of tenancy dispute was case 5308930?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5308930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12657804-Tribunal_Order_Redacted.pdf.

68 Neill Street, Hornby, Christchurch 8042 Tenancy Tribunal Case 5308930 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5308930 — net $1,706.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 June 2025	$2,048.57	Rent arrears to 4 June 2025
Cleaning	$1,000.00	Cleaning
Painting	$750.00	Painting
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,706.57
Total payable by Tenant to Landlord	$1,706.57

The landlord attended the hearing which was held by teleconference. The landlord was represented by one of its directors.

The tenants did not attend and neither was able to be contacted on the number given in the Notice of Hearing, which was properly served.

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 4 June 2025. 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.

Exit inspection photographs provided by the landlord prove that the tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord hired 2 x 7.5m 3 skip bins at a cost of $916.18. He had his builder fill the skips as part of the builders’ work at the property. I am satisfied that the $1,000.00 as compensation for cleaning and rubbish removal costs claimed by the landlord is reasonable.

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.

The tenants’ daughter had previously rented the premises. Because from the landlord’s point of view the tenants had essentially taken over their daughter’s tenancy, no inspection was done between the tenancies.

What that means is that there is no evidence of the condition of the premises when this tenancy started. The tenants are not liable to compensate the landlord for any damage not done by them.

The photographic evidence shows that there was severe staining to the carpets. The landlord claims part of the carpet replacement cost.

For the reason given, the evidence does not prove that the damage occurred during this tenancy. Moreover, the carpet is at least 12 years old, beyond the expected useful life for carpet in residential rental properties in terms of the IRD depreciation tables.

For those reasons that compensation claim is declined.

The landlord is having the premises fully repainted and renovated so it can be sold. $1,500.00 is claimed as a contribution by the tenants to the repainting costs.

[The Landlord’s] evidence is that the premises were repainted during the tenancy of the tenants’ daughter, so it is likely that any damage found was caused during this tenancy. In particular the landlord says that that the tenants must have smoked during the tenancy as the residual smells in particular required repainting that might otherwise not have been necessary.

Some damage to painted walls is shown on the exit photographs.

It seems to me likely that the landlord would have wanted to repaint the interior of the premises to present it well for sale. It also seems to me more likely than not, that the repainting cost was increased by damage and odours caused during this tenancy. The tenants should there for make some contribution to the cost which I fix at $750.00.

The photographs show that a bathroom vanity was damaged. Replacement cost of $1,500.000 is claimed.

The landlord cannot say whether the damage to the vanity was caused during this tenancy and replacement of the vanity will result in significant improvement from which the landlord will benefit. That being so the claim for replacement cost is declined.

Because [The applicant/s] has substantially succeeded with the claim I must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5308930 — net $1,706.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 June 2025	$2,048.57	Rent arrears to 4 June 2025
Cleaning	$1,000.00	Cleaning
Painting	$750.00	Painting
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,706.57
Total payable by Tenant to Landlord	$1,706.57

The landlord attended the hearing which was held by teleconference. The landlord was represented by one of its directors.

The tenants did not attend and neither was able to be contacted on the number given in the Notice of Hearing, which was properly served.

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 4 June 2025. 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?

Exit inspection photographs provided by the landlord prove that the tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.

Is the tenant responsible for the damage to the premises?

What that means is that there is no evidence of the condition of the premises when this tenancy started. The tenants are not liable to compensate the landlord for any damage not done by them.

The photographic evidence shows that there was severe staining to the carpets. The landlord claims part of the carpet replacement cost.

For those reasons that compensation claim is declined.

The landlord is having the premises fully repainted and renovated so it can be sold. $1,500.00 is claimed as a contribution by the tenants to the repainting costs.

Some damage to painted walls is shown on the exit photographs.

The photographs show that a bathroom vanity was damaged. Replacement cost of $1,500.000 is claimed.

Because [The applicant/s] has substantially succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5308930 — Rent arrears at 68 Neill Street, Hornby, Christchurch 8042

At a glance

Tenancy Tribunal case 5308930 — Rent arrears at 68 Neill Street, Hornby, Christchurch 8042

At a glance

Award balance

Claims & awards

Order

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

Frequently asked questions

Award balance

Claims & awards

Order

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

Frequently asked questions