Tenantcheck Insights · Case study
Tenancy Tribunal case 5361802 — Cleanliness at 53 Raymond Street, West End, Timaru 7910
Decided 22 January 2026 · Published 22 January 2026 · Application 5361802
- Cleanliness
- Property damage
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Timaru
Tribunal region
Adjudicator
M Manhire
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,027.49
- Total balance for Tenant to pay Landlord
- $3,027.49
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 7.5.25 | $72.00 | The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy? | |
| Cleaning | $990.00 | Cleaning | |
| Lawns and Garden work and rubbish removal | $1,035.71 | Lawns and Garden work and rubbish removal | |
| Curtain hanging | $51.75 | Curtain hanging | |
| Carpet Cleaning | $665.56 | Carpet Cleaning | |
| Electrical fittings replacement | $184.47 | Electrical fittings replacement | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $3,027.49 | ||
| Total payable by Tenant to Landlord | $3,027.49 |
Claims and awards for application 5361802 — net $3,027.49 NZD. Verify on MoJ.
Rent arrears to 7.5.25
- Amount
- $72.00
- Awarded to
- Landlord
- Reason
- The claim for rent arrears is proven. Did the tenant comply with their obligations at the end of the tenancy?
Cleaning
- Amount
- $990.00
- Awarded to
- Landlord
- Reason
- Cleaning
Lawns and Garden work and rubbish removal
- Amount
- $1,035.71
- Awarded to
- Landlord
- Reason
- Lawns and Garden work and rubbish removal
Curtain hanging
- Amount
- $51.75
- Awarded to
- Landlord
- Reason
- Curtain hanging
Carpet Cleaning
- Amount
- $665.56
- Awarded to
- Landlord
- Reason
- Carpet Cleaning
Electrical fittings replacement
- Amount
- $184.47
- Awarded to
- Landlord
- Reason
- Electrical fittings replacement
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $3,027.49
Total payable by Tenant to Landlord
Landlord $3,027.49
Claim types — money lines allowed on this order
Order
- Sophie Peterson must pay Michelle Greer Real Estate Limited As Agent For Coral Harnett $3,027.49 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing via remote teleconference. There was no attendance by the tenant. An attempt to contact the tenant on the telephone number provided went straight to voicemail.
- The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 7 May 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for the outstanding rent debt.
- The claim for rent arrears is proven.
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 and did not remove all rubbish.
- The landlord provided entry and exit inspection reports during the hearing. The reports clearly show that the premises were left in a less than satisfactory condition. The carpet had significant staining. The yard was overgrown, and the premises required significant cleaning. The landlord also provided paid invoices in support of the amounts claimed. A further attendance by the cleaner was required to hang the curtains.
- 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 power points. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided an invoice from Stan Moore Electrical dated 10 June 2025 in support of this claim.
- The amount ordered for electrical repairs is proved.
- Because Michelle Greer Real Estate Limited As Agent For Coral Harnett has wholly succeeded with the claim I must reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B, s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
- Dispute theme: property damage
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5361802?
The tribunal order states: Sophie Peterson must pay Michelle Greer Real Estate Limited As Agent For
How much money was awarded in case 5361802?
Cleaning: $665.56 awarded to landlord; Cleaning: $990.00 awarded to landlord; Curtain Hanging: $51.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $1,035.71 awarded to landlord; Property Damage: $184.47 awarded to landlord; Rent Arrears: $72.00 awarded to landlord
What type of tenancy dispute was case 5361802?
The primary dispute was Cleanliness. Related themes: Property damage, Rent arrears.
Where can I read the official tribunal order for case 5361802?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13009684-Tenancy_Tribunal_Order.pdf.