What was Tenancy Tribunal case 5361802 about?

The tribunal order states: [The tenant/s] 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.

What was Tenancy Tribunal case 5361802 about?

The tribunal order states: [The tenant/s] 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.

53 Raymond Street, West End, Timaru 7910 Tenancy Tribunal Case 5361802 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5361802 — net $3,027.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	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

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.

Claims and awards in Tenancy Tribunal application 5361802 — net $3,027.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	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

Order

[The tenant/s] 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.

Tenancy Tribunal case 5361802 — Cleanliness at 53 Raymond Street, West End, Timaru 7910

At a glance

Tenancy Tribunal case 5361802 — Cleanliness at 53 Raymond Street, West End, Timaru 7910

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