What was Tenancy Tribunal case 5362322 about?

The tribunal order states: The Tribunal orders suppression of the Tenant’s name and identifying details.

How much money was awarded in case 5362322?

Cut Grass: $65.00 awarded to landlord; Rent Arrears: $402.00 awarded to landlord; Rubbish Removal: $4,826.47 awarded to landlord

What type of tenancy dispute was case 5362322?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5362322?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13395471-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5362322 about?

The tribunal order states: The Tribunal orders suppression of the Tenant’s name and identifying details.

How much money was awarded in case 5362322?

Cut Grass: $65.00 awarded to landlord; Rent Arrears: $402.00 awarded to landlord; Rubbish Removal: $4,826.47 awarded to landlord

What type of tenancy dispute was case 5362322?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5362322?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13395471-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5362322 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 5362322 — net $5,293.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17/07/2025	$402.00	14. The landlord claims rent arrears of $402.
Rubbish removal	$4,826.47	Rubbish removal
Cut grass	$65.00	Cut grass
Net award	$5,293.47
Total payable by Tenant to Landlord	$5,293.47

This application concerns claims by the landlord for rent arrears and compensation following the end of a long-standing tenancy. The landlord attended the hearing by video conference which was held on 1 April 2026. The tenant did not attend. The Tribunal attempted to contact the tenant on the number provided but was unsuccessful. I am satisfied that the hearing notice was properly served in accordance with the Residential Tenancies Act 1986 (“the Act”) and that the tenant had a reasonable opportunity to participate. The hearing therefore proceeded in the tenant’s absence pursuant to section 105 of the Act. Background

The tenancy commenced on 11 March 2014 and ended on 17 July 2025. The weekly rent was $88. Following the end of the tenancy, the landlord filed a claim for rent arrears and compensation for rubbish removal, cleaning, and damage.

The landlord relied on documentary evidence including a rent summary, invoices, a vacated property condition report, photographs, and a damages statement. Issues

The issues for determination are whether the tenant breached their obligations under the Act and, if so, the extent of compensation properly payable to the landlord. In particular, the Tribunal must determine liability for rubbish removal, cleaning, damage, and rent arrears. Relevant Law

Section 40(1)(a) of the Act requires a tenant to pay rent when it is due. Section 40(1)(e) requires a tenant to leave the premises reasonably clean and tidy and to remove all rubbish at the end of the tenancy. Section 40(2)(a) provides that a tenant must not intentionally or carelessly damage the premises, but is not liable for fair wear and tear.

Under section 49(1)(a), where a tenant fails to comply with their obligations, the Tribunal may order compensation for loss or damage. The onus rests on the landlord to establish, on the balance of probabilities, that the loss claimed was caused by the tenant’s breach and that the amount claimed is reasonable. Rubbish Removal

The landlord claims $4,826.47 for rubbish removal. The evidence includes photographs and invoices showing a substantial quantity of rubbish left at the premises at the end of the tenancy. This included furniture and household rubbish inside the property, as well as significant external waste such as a tin shed, trolley seat, sink, kennel, contents of a wood shed, and general refuse. The removal of wall linings from the garage was also required.

I am satisfied that the quantity and nature of the rubbish goes well beyond what would be expected from ordinary use of the premises, even in the context of a long tenancy. The tenant was required under section 40(1)(e) to remove all rubbish at the end of the tenancy and failed to do so. The costs incurred by the landlord are supported by invoices and are reasonable in the circumstances. This claim is therefore proved in full. Cleaning

The landlord claims $112.60 for cleaning, relating to kitchen cupboards and the area under the sink. While the photographs indicate that some cleaning was required, the tenancy spanned over 11 years. In such long tenancies, some deterioration and reduced standard of cleanliness is to be expected and may fall within fair wear and tear.

Having considered the evidence, I am not satisfied that the cleaning required was beyond what could reasonably be attributed to the age and duration of the tenancy. The landlord has not established that the condition amounted to a breach of section 40(1)(e). This claim is therefore dismissed.

The landlord also claims $65 for grass cutting. Photographic evidence shows an area of significantly overgrown grass requiring attention at the end of the tenancy. The condition shown exceeds what would be considered reasonable, and I am satisfied that the tenant failed to meet this obligation. This claim is therefore proved. Damage

The landlord claimed various items of damage. The claim for a missing mirror on the bathroom cabinet in the sum of $112.60 is not supported by sufficient evidence linking the loss to any act or omission of the tenant. It is equally plausible that this was a maintenance issue arising over time. The landlord has not discharged the onus of proof, and this claim is dismissed.

The claim relating to damage to the walls was withdrawn by the landlord at the hearing, acknowledging that this may constitute fair wear and tear given the length of the tenancy. No order is made in respect of this item. Rent Arrears

The landlord claims rent arrears of $402. The rent summary provided shows a history of payments and establishes the amount outstanding at the end of the tenancy. There is no evidence to the contrary. I am satisfied that the tenant failed to pay rent as required under section 40(1)(a), and the arrears are proved. Suppression order

I grant name suppression in respect of the tenant pursuant to section 95A of the Act. The tenant continues to reside in another property managed by the same landlord. Publication of the tenant’s name in connection with this proceeding could adversely affect their access to ongoing housing and undermine their housing stability.

In the circumstances, I am satisfied that there are special circumstances warranting suppression. The potential prejudice to the tenant outweighs the public interest in open justice, particularly given the modest scale of the dispute and the tenant’s ongoing housing vulnerability.

Reasons

Claims and awards in Tenancy Tribunal application 5362322 — net $5,293.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17/07/2025	$402.00	14. The landlord claims rent arrears of $402.
Rubbish removal	$4,826.47	Rubbish removal
Cut grass	$65.00	Cut grass
Net award	$5,293.47
Total payable by Tenant to Landlord	$5,293.47

The landlord relied on documentary evidence including a rent summary, invoices, a vacated property condition report, photographs, and a damages statement. Issues

Tenancy Tribunal case 5362322 — Rent arrears

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Award balance

Tenancy Tribunal case 5362322 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

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Residential Tenancies Act sections

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Property management

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Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions