Tenantcheck Insights · Case study
Tenancy Tribunal case 5362071 — Rent arrears at 31 Birchwood Road, Ohai, Ohai 9635
Decided 20 January 2026 · Published 20 January 2026 · Application 5362071
- Rent arrears
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Ohai
Tribunal region
Adjudicator
M Brennan
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $5,676.51
- Bond payment as ordered
- −$1,520.00
- Total balance for Tenant to pay Landlord
- $4,156.51
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $4,465.71 | Rent arrears | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Rubbish removal: less cost of one fridge/freezer | $845.00 | Rubbish removal: less cost of one fridge/freezer | |
| Lawns and Garden work | $57.50 | Lawns and Garden work | |
| Lock/key replacement | $140.30 | Lock/key replacement | |
| Cleaning | $140.00 | Cleaning | |
| Net award | $4,156.51 | ||
| Total payable by Tenant to Landlord | $4,156.51 |
Claims and awards for application 5362071 — net $4,156.51 NZD. Verify on MoJ.
Rent arrears
- Amount
- $4,465.71
- Awarded to
- Landlord
- Reason
- Rent arrears
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Rubbish removal: less cost of one fridge/freezer
- Amount
- $845.00
- Awarded to
- Landlord
- Reason
- Rubbish removal: less cost of one fridge/freezer
Lawns and Garden work
- Amount
- $57.50
- Awarded to
- Landlord
- Reason
- Lawns and Garden work
Lock/key replacement
- Amount
- $140.30
- Awarded to
- Landlord
- Reason
- Lock/key replacement
Cleaning
- Amount
- $140.00
- Awarded to
- Landlord
- Reason
- Cleaning
Net award
Landlord $4,156.51
Total payable by Tenant to Landlord
Landlord $4,156.51
Claim types — money lines allowed on this order
Order
- Lachlan Chesmar and Jazmine Butler must pay Todd & Co Realty Limited As Agent For Geofftry Watson Miller And Louise Amanda Wallace $4,156.51, calculated as shown in table below. DescriptionLandlord Rent arrears$4,465.71 Filing fee reimbursement$28.00 Rubbish removal: less cost of one fridge/freezer$845.00 Lawns and Garden work$57.50 Lock/key replacement$140.30 Cleaning$140.00 Total award$5,676.51 Bond$1,520.00 Total payable by Tenant to Landlord$4,156.51
- The tenants must pay the debt in order [1] at the rate of $120.00 per week. The first payment must be made on Wednesday 28 January 2026 and weekly payments must continue every Wednesday until the debt is paid in full.
- If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
- The Bond Centre is to pay the bond of $1,520.00 (BN-00076407) to Todd & Co Realty Limited As Agent For Geofftry Watson Miller And Louise Amanda Wallace immediately.
Reasons
- The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
- 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 7 December 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy is $4,465.71.
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 did leave most the premises reasonably clean and tidy. The landlord did require an oven clean at an invoiced cost of $140.00. The tenants had previously accepted liability for this (while disputing lawns and wanting further details on rubbish removal) and the cost is awarded.
- The tenants did not remove all rubbish. The landlord provided entry and exit photos to support the cost of $885.00 per the supplied invoice. The need is generally established however one fridge freezer is present in both entry and exit photos and the award is reduced to reflect that. $845.00 for the removal and disposal costs evidenced is awarded.
- The tenants had mowed the large area of lawn but no catcher was used and the landlord had a contractor to mow again with a catcher to remove the cut grass. This cost $57.50 and is awarded. The second claimed cost of weed spraying ($28.75) is dismissed as having reviewed the evidence and considered the submission, I am not convinced that effort was a tenant responsibility.
- The tenant did not return the keys. The landlord provided an invoice to support the costs of $140.30 as claimed. This is awarded.
- The parties failed to confirm a time payment order via mediation and prior discussion due to a disagreement of the final amount but there was written evidence of the desire of the tenant to enter into one. I have adopted the proposed terms as discussed previously. The alternative, if the terms are not adhered to, is the debt becomes fully payable immediately after the first due payment date is missed.
- Because Todd & Co Realty Limited As Agent For Geofftry Watson Miller And Louise Amanda Wallace 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)
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
- Dispute theme: cleaning
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5362071?
The tribunal order states: Lachlan Chesmar and Jazmine Butler must pay Todd & Co Realty Limited As
How much money was awarded in case 5362071?
Cleaning: $140.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $57.50 awarded to landlord; Property Damage: $140.30 awarded to landlord; Rent Arrears: $4,465.71 awarded to landlord; Rubbish Removal: $845.00 awarded to landlord
What type of tenancy dispute was case 5362071?
The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.
Where can I read the official tribunal order for case 5362071?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12994692-Tenancy_Tribunal_Order.pdf.