What was Tenancy Tribunal case 5353551 about?

The tribunal order states: [The landlord/s] are granted possession of the premises at [Tenancy address

How much money was awarded in case 5353551?

Cleaning: $263.35 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent: $3,050.00 awarded to landlord; Rubbish Removal: $390.00 awarded to landlord

What type of tenancy dispute was case 5353551?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5353551?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13060849-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5353551 about?

The tribunal order states: [The landlord/s] are granted possession of the premises at [Tenancy address

How much money was awarded in case 5353551?

Cleaning: $263.35 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent: $3,050.00 awarded to landlord; Rubbish Removal: $390.00 awarded to landlord

What type of tenancy dispute was case 5353551?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5353551?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13060849-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5353551 — Cleanliness

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5353551 — net $2,631.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 14 November 2025	$3,050.00	Rent to 14 November 2025
Cleaning	$263.35	Cleaning
Rubbish removal (skip bin and landlords’ labour	$390.00	Rubbish removal (skip bin and landlords’ labour
Filing fee	$28.00	Filing fee
Net award	$2,631.35
Total payable by Tenant to Landlord	$2,631.35

[The landlord/s] are granted possession of the premises at [Tenancy address suppressed] immediately.

Jordan Marque Blundell, Izelle Jordan must pay [The landlord/s] $2,631.35 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,100.00 ([Bond number suppressed]) to [The landlord/s] immediately.

The cross-application from the tenants is dismissed.

Reasons

The landlord attended the hearing today. The tenants did not attend.

The landlord applied for possession of the premises following termination of the tenancy, rent arrears, cleaning and rubbish removal costs, refund of the bond and reimbursement of the filing fee.

The fixed-term tenancy started on 19 June 2025 and ended on 10 November 2025. By then, the tenants had returned the keys. It is appropriate to make a possession order to reflect the reality that the landlord now has possession of the premises. Rent Arrears

There was a history of discussions about ending the tenancy, following conflicts arising from the tenants living close by, in the granny flat attached to the landlord’s home. The landlord prepared an agreement to end the tenancy which ultimately the tenants did not sign. As noted above, the tenants had returned the keys by 10 November 2025. The premises were left untidy and were not returned to a tenantable condition until 14 November 2025. The landlord has not been able to re-let the property.

The landlord is at least entitled to rent to 10 November 2025, because that is when the tenancy ended. I award loss of rent to 14 November 2025, because the property could not be relet during this period due to the tenants’ failure to remove all their belongings. Cleaning and Rubbish removal

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.

The tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlords’ photographs show belongings scattered around inside. A skip bin had to be hired, and the landlord spent about 4 hours removing the rubbish. I award $120.00 for the landlord’s labour cost. I also award the cleaning cost: cleaning would have been required following removal of the rubbish and belongings. Damages for Distress

The landlord spoke about the stress the situation had caused her. It is unnecessary to recount the details. There was sufficient information provided, including from her doctor, to conclude that the landlord has suffered anxiety and stress because of the tenants’ failure to pay rent and their alleged erratic behaviour.

Landlords owe an obligation not to interfere with a tenant’s quiet enjoyment. A tenant does not have a corresponding general obligation not to harass or interfere with the peace, comfort, or privacy of the landlord. There are provisions in the Act relating to anti-social behaviour and threats to assault the landlord, but they do not apply here.

The landlord said that the tenants had smoked marijuana at the premises. This would be an “unlawful act” pursuant to section 40(2)(b) of the Residential Tenancies Act 1986. However, it is unclear how often this occurred or if it was especially upsetting for the landlord. I am not satisfied that it would be just to award exemplary damages for this breach.

The landlord also said the tenants had abandoned the premises. In my view, section 61 of the Act (abandonment) does not apply. There were discussions between the parties about ending the tenancy early. The agreement kept changing in terms of the vacate date, but essentially, when the tenants left it was in accordance with an understanding that the tenancy was coming to an end. Further, the tenants returned the keys, which is inconsistent with abandonment. While the uncertainty was stressful for the landlord, I am not satisfied that the tenants abandoned the premises so that exemplary damages might be awarded.

I am unable to identify any other basis on which exemplary damages could be awarded.

The tenant referred to several Tribunal cases where it was said landlords have been awarded general damages. I have been unable to locate these decisions. It is likely that the cases involve awards of exemplary damages, where the effect on the landlord of the tenant’s behaviour is a relevant factor, rather than compensatory damages. There is a general principle that damages for injury to feelings cannot be awarded for breach of contract (Addis v Gramophone Co Ltd [1909] AC 488). As a result, landlords are not generally entitled to general damages for anxiety or distress.

This principle does not apply in some contexts, including where the object of the contract is the provision of peace of mind or enjoyment or the prevention of distress. The Tribunal has typically construed tenancy agreements as contracts for business purposes so far as landlords are concerned. I do not consider that the object of a residential tenancy agreement, from a landlord’s perspective, is to provide enjoyment or peace of mind. It is a commercial bargain, and landlords are effectively running a business.

I decline to award damages for anxiety or distress, while acknowledging that the situation has been challenging for the landlord. Filing Fee and Name Suppression

The landlord’s application has been largely successful. I award the filing fee and grant suppression as requested at the hearing.

Order

Claims and awards in Tenancy Tribunal application 5353551 — net $2,631.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 14 November 2025	$3,050.00	Rent to 14 November 2025
Cleaning	$263.35	Cleaning
Rubbish removal (skip bin and landlords’ labour	$390.00	Rubbish removal (skip bin and landlords’ labour
Filing fee	$28.00	Filing fee
Net award	$2,631.35
Total payable by Tenant to Landlord	$2,631.35

[The landlord/s] are granted possession of the premises at [Tenancy address suppressed] immediately.

Jordan Marque Blundell, Izelle Jordan must pay [The landlord/s] $2,631.35 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,100.00 ([Bond number suppressed]) to [The landlord/s] immediately.

The cross-application from the tenants is dismissed.

Reasons

The landlord attended the hearing today. The tenants did not attend.

The landlord applied for possession of the premises following termination of the tenancy, rent arrears, cleaning and rubbish removal costs, refund of the bond and reimbursement of the filing fee.

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.

I am unable to identify any other basis on which exemplary damages could be awarded.

I decline to award damages for anxiety or distress, while acknowledging that the situation has been challenging for the landlord. Filing Fee and Name Suppression

The landlord’s application has been largely successful. I award the filing fee and grant suppression as requested at the hearing.

Tenancy Tribunal case 5353551 — Cleanliness

At a glance

Award balance

Tenancy Tribunal case 5353551 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions