What was Tenancy Tribunal case 5354726 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 5354726?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5354726?

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

Where can I read the official tribunal order for case 5354726?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12921590-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5354726 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 5354726?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5354726?

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

Where can I read the official tribunal order for case 5354726?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12921590-Tribunal_Order_Redacted.pdf.

Unit/Flat 201, 18A Mackay Street, Wigram, Christchurch Tenancy Tribunal Case 5354726 — Rent arrears

Tenantcheck Insights

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. I rang his mobile number twice and it disconnected without going to answerphone. The tenant has not communicated with the Tribunal seeking an adjournment, so I am proceeding with the hearing in his absence.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Civil burden of proof for Tenancy Tribunal:

The Tenancy Tribunal applies the usual civil law standards and expectations. That means that it is for the party bringing the application to establish their claims “on the balance of probabilities.”

That 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.

As noted in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case.

If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

The landlord has failed to provide me much of the evidence I need to determine her claims. Despite the file being inadequate, I gave the landlord the chance to provide the information I needed after the hearing. The landlord has refiled the same inadequate evidence to the Tribunal that she provided earlier. Washing machine and dryer:

As I explained the Tribunal requires proof of claims and in this case pre let inspection and photos and exit inspection report and photos. These documents have not been provided. I asked for a copy of the invoice for the purchase and replacement costs for the washing machine and dryer.

The landlord has not provided any proof that the washing machine and dryer were part of the chattels and in the property at the start of the tenancy and missing at the end.

There is no proof of the cost of these items nor their replacement.

I must dismiss the landlords’ claims relating to the washing machine and dryer because she had not provided evidence for the Tribunal to determine the claim.

How much is owed for rent?

The tenancy ended on 9 September 2025. The landlord provided rent records which prove the amount of $2500.23 owing at the end of the tenancy. The landlord has already claimed the bond for rent arrears. The remainder of rent arrears owing is $560.00.

I am satisfied the landlord has proven her claim for rent arrears.

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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy.

The landlord provided some exit inspection photos and report at the end of the tenancy. She also provided an invoice dated 14 September 2025 for $500.00 for the cost of cleaning.

The amounts ordered are proved.

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.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) 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: -Damage to walls. -Fire door damage

The landlord provided a few photos of damage but did not provide any proof of the cost of the repairs. The landlord has not quantified their losses and therefore I cannot consider their claim.

I must dismiss their claim. Filing fee , suppression:

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

The landlord has applied for suppression of their name and as they have been successful, I am granting suppression.

Reasons

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Civil burden of proof for Tenancy Tribunal:

The landlord has not provided any proof that the washing machine and dryer were part of the chattels and in the property at the start of the tenancy and missing at the end.

There is no proof of the cost of these items nor their replacement.

I must dismiss the landlords’ claims relating to the washing machine and dryer because she had not provided evidence for the Tribunal to determine the claim.

How much is owed for rent?

I am satisfied the landlord has proven her claim for rent arrears.

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

The tenant did not leave the premises reasonably clean and tidy.

The landlord provided some exit inspection photos and report at the end of the tenancy. She also provided an invoice dated 14 September 2025 for $500.00 for the cost of cleaning.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy: -Damage to walls. -Fire door damage

The landlord provided a few photos of damage but did not provide any proof of the cost of the repairs. The landlord has not quantified their losses and therefore I cannot consider their claim.

I must dismiss their claim. Filing fee , suppression:

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

The landlord has applied for suppression of their name and as they have been successful, I am granting suppression.

Tenancy Tribunal case 5354726 — Rent arrears at Unit/Flat 201, 18A Mackay Street, Wigram, Christchurch

At a glance

Tenancy Tribunal case 5354726 — Rent arrears at Unit/Flat 201, 18A Mackay Street, Wigram, Christchurch

At a glance

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

Frequently asked questions

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

Frequently asked questions